CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 11, 2024
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. Award Contract No. C44620F to GWC Construction of Palm Desert, California, and award Contract No. C44620G to Kincaid Industries, Inc. of Thousand Palms, California, and award Contract No. C44620H to SoCal Electrical and Lighting, Inc. of Palm Desert, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount in combination with Contract Nos. C44620A-E not to exceed $4,500,000 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 $4,500,000 per fiscal year.
3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances.
4. Authorize the City Attorney to make any necessary non-monetary changes to the agreements.
5. 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
43900 San Pablo Avenue
Fire Station No. 67
73200 Mesa View Drive
Cahuilla Hills Park
72700 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) Joe Mann Park
603
City of Palm Desert
Award Contracts for Facilities Improvements
37023 Cook Street, Ste 102 77810 California Drive
Henderson Building
72559 Highway 111
Magnesia Falls City Park
74200 Rutledge Way
Artists Center
72567 Highway 111
Palma Village Park
44550 San Carlos Ave
Palm Desert Historical Society
72559 Highway 111
University Park East
74902 University Park Drive
Future Buildings University Dog Park
74802 University Park Drive
Washington Charter School Park
45768 Portola Avenue
University Park A and Park B
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 through June 30, 2025. In August 2023, additional Contracts C44620D-E were awarded through June 30, 2026. The agreement amounts were increased to $3,000,000 and the original three agreements were increased to be consistent with that aggregate amount. After the award of these contracts, additional project needs were identified, and existing projects were expedited for completion. The City Council approved an appropriation in the amount of $1,810,316.74 from facility reserve funds on
March 14, 2024, to complete several projects that were new or had increased in scope.
To continue accomplishing the completion of these maintenance and improvement projects, an increase to each agreement was approved on April 11, 2024, to bring the total aggregate amount to $4,500,000.
To continue to encourage competition among vendors and increase the on-call contractor pool, 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 May 6, 2024, with a due date of June 3, 2024. A mandatory pre-proposal meeting was held on May 15, 2024.
Six vendors were in attendance and three submitted proposals. Staff reviewed the three qualified proposals and identified three 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
GWC Construction Palm Desert, CA
Kincaid Industries, Inc. Thousand Palms, CA
SoCal Electrical and Lighting, Inc. Palm Desert, CA
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 $4,500,000 per fiscal year among a total of eight (8) contractors through June 30, 2025, the City will have the ability to utilize each 604
City of Palm Desert
Award Contracts for Facilities Improvements
contractor’s expertise for specific task orders and avoid unneeded scheduling delays that could occur. Staff previously consulted the City Attorney regarding this RFP and confirmed the viability of this diversified approach.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
The approved Public Works Operations and Capital Improvement Project (CIP) Budget for Fiscal Year 2024-25 includes approximately $5,300,000 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, nor that the full amount will be allocated or spent:
Account No. Location Budget
1104610-4331000 & 4004674-4400100 Civic Center Park $600,000 1104611-4331000 & 4004618-4400100 Parks $1,500,000
1104614-4392101 Entrada del Paseo $50,000
1104330-4331000 & 4004330-4400100 Corporation Yard $650,000 1104340-4331000 & 4504161-4400100 City Hall $675,000
1104344-4331000 & 4504439-4400100 Portola $600,000
1104800-4388500 & 4504164-4388500 Artists Center $150,000 2304220-4331000 & -4400100 Fire Stations $525,000
2424195-4331101 & -4400100 Aquatic Center $100,000
4504164-4400100 Henderson Bldg $150,000
4504164-4400100 Historical Society $150,000
5104195-4331000 & -4337000 Government Bldgs. $150,000
TOTAL $5,300,000
ATTACHMENTS:
1. GWC Construction Proposal
2. GWC Agreement and Bonds
3. Kincaid Industries, Inc. Proposal
4. Kincaid Industries, Inc. Agreement and Bonds
5. SoCal Electrical and Lighting, Inc. Proposal
6. SoCal Electrical and Lighting, Inc. Agreement and Bonds 605
606
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[GWC CONSTRUCTION] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
RESPONSE DEADLINE: June 3, 2024 at 5:00 pm
Report Generated: Tuesday, June 4, 2024
GWC Construction Response
CONTACT INFORMATION
Company:
GWC Construction
Email:
[email protected]
Contact:
Guillermo Caipo
Address:
44651 Village Ct., Suite 100
Palm Desert, CA 92260
Phone:
(760) 219-6445
Website:
https://www.gwcgeneralconstruction.com/
Submission Date:
May 28, 2024 9:02 AM
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ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
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.
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.
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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.
PROPOSAL_CITY_OF_PALM_DESERT_-_GWC_CONSTRUCTION.pdf
MODEL_OF_LUMP_SUM_PROPOSAL.pdf
MODEL_OF_CONSTRUCTION_MANAGEMENT_PROPOSAL.pdf
MODEL_OF_POOL_&_SPA_PROPOSAL.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, 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 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. 609
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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. Iran Contracting Act Certification*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 816693
Click to Verify Value will be copied to clipboard
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5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
PW-LR-1001173628
Click to Verify Value will be copied to clipboard
6. Type of Business*
Sole Proprietor/Individual
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP 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").
Maximum response length: 5000 characters
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N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
PROJECT_TEAM_RESUMES.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
A. Guillermo W. Caipo
B. General Contractor/Principal
C. 44651 Village Ct., Suite 100, Palm Desert, CA. 92260 D. [email protected]
E. (760) 219-6445
12. 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.* Confirmed
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13. Fleet Compliance Certification*
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in item 13 above. fleet_compliance.pdf
PRICE TABLES
HOURLY RATES
Line Item Description Unit of Measure Unit Cost
1 Construction Foreman Hourly Rate $40.00
2 Construction Supervisor Hourly Rate $45.00
3 Framer Hourly Rate $35.60
4 Drywall Installer Hourly Rate $35.16
5 Plumber Hourly Rate $30.00
6 Concrete worker Hourly Rate $33.82
7 Carpenter Hourly Rate $35.60
8 Painter Hourly Rate $30.38
9 Welder Hourly Rate $35.60
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Line Item Description Unit of Measure Unit Cost
10 Flooring installer Hourly Rate $35.60
11 Laborer Hourly Rate $37.75
614
STATE CONTRACTOR LICENSES: B, C-53 # 816693
44651 VILLAGE CT., SUITE 100, PALM DESERT, CA. 92260
[email protected]/www.gwc-construction.com
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
73510 FRED WARING DR.,
PALM DESERT, CA. 92260
DATE: MAY 24, 2024
We are pleased to submit the information that you required to accomplish with the requirements for the Facilities Repairs and Improvement Program.
1. PROPOSALS (We are attaching copies)
a. Cover letter
GWC CONSTRUCTION is a family-owned and operated general construction company. We do Commercial and Residential Construction. As a General Contractor and Pool Contractor, we build and remodel houses, office buildings, hotels, restaurants, swimming pools, spas, patios, water features etc.
The individual authorized to negotiate terms and compensation on GWC CONSTRUCTION behalf is:
Guillermo W. Caipo, born in Peru, naturalized American Citizen.
Office phone : (866) 663-8126
Cellular phone: (760) 219-6445
Email: [email protected]
Web page: www.gwcgeneralconstruction.com
2. EXPERIENCE AND TECHNICAL COMPETENCE
a. Background
Guillermo W. Caipo possesses extensive experience in the construction industry, having built in his home country of Peru. As a subcontractor for the Japanese company Marubeni IIda & Japan Gasoline, he worked on part of the civil works for the La Pampilla Refinery, he built Lotizacion El Club, and he also built 1000 small Social Interest Houses, etc.
Additionally, in his own projects, he designed and built the Ubicentro Tourist and Commercial Center, the Plaza Piura Shopping Center as well as the Santa Victoria Shopping and Residential Center, and the La Piramide Sky Room, Executive Center 615
located in the Miraflores district of Lima, Peru.
Guillermo W. Caipo emigrated to the USA in 2001, and after applying for and obtaining General Contractor and Pool Contractor licenses, he began his commercial activities, which continue to this day. He can mention few projects that he built as the construction of Main pool, main spa, leisure pool, the roundabout and the interior and exteriors spas (4) at the Agua Caliente Casino, as well as the remodeling and construction of various trades at the Ritz Carlton Hotel, both in Rancho Mirage, California. Additionally, he has built and remodeled various houses, swimming pools, Spas and water features in the San Bernardino and Riverside Counties. Currently, he is working with the City of Indio for their Minor homes repair Program and Building Beautification Program, which consists of remodeling residential and commercial buildings in the City of Indio, to enhance their appearance.
b. References
This is a list of our eight (8) most recent clients:
Client Name Scope of Work Phone Number Job Address
Daniel Quinlan (City
of Indio
Beautification
Program)
Existing window
removal and
replacement, new
concrete overlay,
painting of entire
unit, fascia
reparation.
(442) 529-1681 45895 Oasis St.,
Indio, CA. 92201
Christian St.
Jacques
Construction of new
24’ x 12’ pool and 7’
x 7’ spa.
(206) 351-3811 59401 Buena Vista
Dr., Yucca Valley,
CA. 92284
Jon Ong Remodeling of
existing commercial
pool for the Joshua
Tree Inn Hotel.
(310) 569-0092 61259 29 Palms
Hwy., Joshua Tree,
CA. 92252.
Jon Drew (City of
Indio Beautification
Program)
Installation of new
outdoor sign,
painting and retiling
of front of building,
new lighting for
building, installation
of turf and fences for
alleyway and fixing
terrazzo.
(310) 279-7693 82789 Miles Ave.,
Indio, CA. 92201
Artur Hovhannisyan Construction of new
40’ x 10’ pool and 6’
x 10’ spa.
(626) 298-9912 70321 Juanita Dr.,
Twentynine Palms,
CA. 92277
Dan Gatti Construction of new
33’ x 14’ freeform
pool and a 7’ x 7’
spa.
(408) 472-8800 81145 Calle Orfila,
Indio, CA. 92203.
Martha Lobos Construction of new (760) 974-7577 58345 Desert Gold 616
33’ x 16’ pool and a
8’ x 8’ spa.
Dr., Yucca Valley,
CA. 92284.
Don Keenan Home remodeling
(pool & spa, pavers,
bbq area,
landscaping)
(310) 872-4474 74136 Via Venezia,
Palm Desert, CA.
92260.
3. FIRM STAFFING AND KEY PERSONNEL
a. Staffing
Guillermo W. Caipo
Position: General Manager and Job Supervision
Ana Maria Calle
Position: Assistant Manager and Computer specialist
Xochitl Avina
Position: Accountant and Cost Control
Rob Miller
Position: Attorney
b. Subcontractors
Specialty Contractor License Number
Earth Movement Valley Gunite Inc. #1003642
Ficara Grading #1012630
Concrete Valley Gunite Inc. #1003642
Handel’s Construction #1039675
GVG Construction Inc. #4562636
Concrete Unlimited #3839579
PC Concrete Construction #353863
BP Construction #1036025
N Construction Inc. #1055836
Rough and Finish Plumbing Medina Pools Inc. #1001269
AEA Plumbing Inc. #676024
Innovation Plumbing Services #1057228
Handel’s Construction #1039675
N Construction Inc. #1055836
Rough and Finish Electrical Medina Pools Inc. #1001269
Valley Wide Electrical #1024180
N Construction Inc. #1055836
Alpha Electric #948763
MG Construction Electrical #1078222
Handel’s Construction #1039675
Mechanical Compressor AC #957516
Chaffin Air #661464
Fire JC Fire Protection #996335
617
Framing N Construction Inc. #1055836
Handel’s Construction #1039675
Roof Sotelo Roofing #923179
Becerra Brothers #887380
Lath & Plaster Premium Pool Plaster #925614
N Construction Inc. #1055836
Alumawood Imperium Patio Covers #4684626
4. PROPOSED METHOD TO ACCOMPLISH THE JOB.
We considered several methods: Lump sum, Construction Management etc… In most of the cases we will do the following:
1) Preparation of an internal Cost Break Down for all trades involved in the project, in coordination with every subcontractor and with the suppliers of materials and equipment in accordance with the plans provided by the City of Palm Desert. 2) Development of a job schedule in coordination with all subcontractors.
Several methods
3) Supervision of the fulfillment and execution of the work done by each subcontractor, in accordance with the plans and conditions of the contract signed with each subcontractor.
4) Supervision of compliance with the most recent codes stipulated by the City of Palm Desert, Riverside County, and the State of California. 5) Supervision of compliance with the technical requirements and specification of the materials and construction process indicated in the plans to guarantee the quality of the development of the project.
6) Scheduling with the subcontractors to ensure the supply of labor, materials, and equipment.
7) Register and present to Public Works each advancement of the job to approve the payments for each subcontractor.
8) Offer availability for periodical meetings that the Public Works Department may request.
9) Request and schedule for approval of job inspections. 10) Coordinate to obtain approval of Final Inspection of the project. a. DELIVERABLES
1) Detailed monthly reports of technical advances that have been completed to date. 2) Preparation and revision of advances in coordination with our subcontractors. 618
3) Register and present each acquisition of materials and equipment.
5. REFERENCE IMAGES:
Ubicentro Newspaper Article (Chiclayo, Peru)
La Piramide Sky Room during
construction (Lima, Peru)
La Piramide Sky Room after construction
(Lima, Peru)
Commercial pool & spa construction for Agua Caliente
Casino & Resort (Rancho Mirage, CA)
Water fountain construction for The Ritz-Carlton
(Rancho Mirage, CA)
Ubicentro Tourist and Commercial Center
(Chiclayo, Peru)
619
Urban Donkey before Remodeling (Indio, CA) Urban Donkey after Remodeling (Indio, CA) New single-family residence construction (Joshua
Tree, CA)
24’ x 12’ pool & spa construction for new singlefamily residence (Joshua Tree, CA) 40’ x 10’ pool & spa construction (Twentynine 24’ x 12’ pool & spa construction (Yucca Valley, CA) Palms, CA)
620
Pool & spa construction, new dock, deck, fire pit, and
BBQ area (Rancho Mirage, CA)
33’ x 14’ freeform pool & spa construction (Indio, CA)
621
Project : Housing Construction
OWNER : M.G. DEVELOPMENT
Work : Construction of a house.
Location :
Construction Manager : GWC
Item Description Qty Rate Total
32.2 Site Protection Site Protection : Plastic, tapes, tarps, etc. 1 Dumpster Allowance: 1
To include trips to dump and/or dumpsters on site. Port O Lets:
PORT O LETS :
Delivery, set- up and removal 1
Handwashing station
Temporary fencing
25 Cleanup Daily cleanup of debri, trash and materials used. 1 Excavation: 1
Research/Record Maps
Calculations
Reference Property Points
Topograpgh survey/ Locate ali utilities & street
improvements
Topographical map
Grading plan
Hydrology repot & calculations
PMl O/ Dust control Plan
Concrete: 1
To include grading, concrete poor, footings for main
home and garage.
09 Hardware Hardware Materials: Allowance 1
Framing: 1
Materials for Framing
Labor:
Roofing Truss: 1
Framework to support roofto include rafters, posts and struts Roofing:
Inspect Plywood nailing and pound it as necessary
Install 1/4" Dens deck over new plywood on flat deck
Snap chalk lines across roof sections for panel installation Load & begin to install Duro-last Roofing system 50 mil in color white Set 1 st panel on snapped chalk lines, attaching panel to roof, 12" on center with screws and metals plates.
Unfold fastened panel to next tab, pilling panel tight, 12" on center with screws and metal plates
Repeat above process for entire roof until completely covered with Durolast panels Field weld ali seams as needed attaching ali large panels together Install ali manufactures stacks, custom curbs, drains and flashings in accordance to manufacture specifications
Install (1) 2-way breather vents per 1000 sq ft of roof Sea! interior of ali stacks and flashing with stainless steel pandiwit band Re-inspect ali field welds, stacks and membrane for loose weld and fix accordingly
Clean up and remove ali roofing debris caused by above list job Plumbing: 1
Installation ofwaste and vent system per plan P-1 ABS piping, lnstallation ofwater service per plan P-2 1 112 PVC piping from meter to service
08 Roofing
32.1 Port- 0-Let
31 Dumpster
03 Excavation
04 Concrete
07 Framing
622
lnstallation of cold and hot water systerm per plan P2, pex tubing and copper
lnstallation thurmaseal for hot water piping
Installation of sing function shower valves. Valves to be supplied by owner Installation of gas system per plan P-1 , black steel piping Purchase and install (1) Navien tankless water heater 199,000 BTU
lnstallation of fixutres. Fixtures to be supplied by owner.
Doors & Wlndows: 1
Aluminum, Bronze Anodized , Tempered glass
Labor for installation of doors & windows :
Electrical & Lighting: 1
Bedroom 1:
Furnish & install (5) convenience receptacles
Furnish & install (2) single switches
Fumish & install ( 1) smoke detector
Rough & install finish (1) ceiling fan
Rough & install finish (1) exterior sconce ight
Fumish & install (1) exterior GFCI
Bedroom 2:
Fumish & install (6) convenience receptacles
Fumish & instan (3) single switches
Fumish & insta! (1) smoke detector
Rough & install finish (1) ceiling fan
Rough & install finish (1) exterior sconce light
Fumish & install (1) exterior GFCI
Rough & instan finish (2) vanity lights
Bedroom 3:
Fumish & install (1) LED recessed light
Fumish & install (6) convenience receptacles
Fumish & install (3) single switches
Fumish & install (1) smoke detector
Rough & install finish (1) ceiling fan
Rough & install finish (1) exterior sconce light
Bathroom 2:
Fumish & instan finish (2) LED recessed lights
Fumish & install (3) single switches
Fumish & install (l) GFCI
Fumish & install (1) exhaust fan w/humidity sensor
Rogh & install finish (1) vanity light
Powder Room:
Fumish & install (1) LED recessed light
Fumish & install (3) single switches
Fumish & install (1) GFCI
Fumish & install (1) exhaust fan
Rough & istall finish (1) vanity light
Laundry:
Furnish & install (2) LED recessed lights.
Fumish & install (2) single switches
Furnish & install (2) GFCI
Fumish & install (1) exhaust fan 240V deidcated circuit Guest Bedroom:
Furnish & install finish (1) LED recessed light
Fumish & install (5) convenience receptacles
Furnish & install (3) single switches
Furnish & install (1) smoke detector
Rough & install finish (1) ceiling fan
Rough & install finish (2) exterior sconce light
14 Plumbing
12 Doors &Trim
623
Furnish & install (1) exterior GFCI
Guest Bathroom:
Furnish & instan (2) LED recessed light's
Furnish & install (3) single switches
Furnish & install (1) GFCI
Furnish & install (1) exhaust fan w/humidity sensor
Rough & install finish (1) vanity light
Kitchen:
Furnish & install (8) LED recessed lights
Fumish & install (8) GFCI's
Fumish & install (3) 4 way switches
Appliances dedicated circuits (6)
Dining Room:
Fumish & install (3) LED recessed lights
Fumish & install (2) convenience receptacles
Fumish & install (1) single switch
Furnish & install (2) 3 way switches
Great Room :
Fumish & install (6) LED recessed lights
Fumish & install (3) convenience receptacles
Fumish & install (4) single switches
Fumish & install (2) 3way switches
Fumish & install (4) exterior LED recessed lights
Rough & install finish (5) exterior sconce light
Fumish & install (2) exterior GFCI's
Master Bedroom:
Fumish & install (4) LED recessed light's
Fumish & install (6) convenience receptacles
Fumish & install (3) single switches
Fumish & install (2) 3way switches
Fumish & install (1) smoke detector
Rough & install finish (1) ceiling fan
Rough & install finish (4) exterior sconce light
Fumish & install (1) exterior GFCI
Master Bathroom & W.I.C.:
Fumish & install (7) LED recessed lights
Fumish & install (7) single switches
Furnish & install (2) GFCI's
Fumish & install (1) exhaust fan w/humidity sensor
Fumish & install ( 1) exhaust fan
Rough & install finish (2) vanity light
Hallway:
Fumish & install (7) LED recessed light's
Fwnish & install (3) convenience receptacles
Fumish & install (4) 3way switches
Furnish & install (1) 4way switch
Fumish & instan (2) smoke detectors
Garage:
Fumish & install (4) 1X4 LED recessed lights
Fumish & install (1) single switch
Fumish & install (4) GFCI's
Rough & install finish (2) exterior sconce light
Spare EV charger j-box
Exterior:
225A Service Meter
AIC dedicated circuits (2)
Fumish & install (1) exhaust fan pool bathroom
36 Electrical & Light
624
Fumish & install (1) LED recessed light pool bathroom
Fumish & install ( 1) GFCI pool bathroom
Rough & install finish ( 1) vanity light pool bathroom
Heating & Cooling include: 1
R8 Foil Flex
Exhaust Venting
Flu Pipe for FAU
26 Gauge Sheet Metal Plenums
Bar Type Registers
(1) 3 Ton System
(1) 5 Ton System
Copper Line Sets
WiFi enabled Set Back Thermostats
Tax
Labor
126 Model 1 Speed:
127 Model 2 SPeed:
*HERS Testing
*City Permits by GC*
*Exhaust fans not included (elec)*
Insulation: 1
R-49 (R-19 wired & R-30 attic) unfaced batt insulation to ceiling within the conditioned area.
R-21 Unfaced batt insulation to exterior walls
R-19 & R-11 unfaced batt insulation to ali interion walls Caulk and sea! per Title 24 ofThe State ofCalifomia
Altemate: Garage
R-49 (R-19 wired & R-30 attic) unfaced batt insulation to garage ceiling R-21 unfaed batt insulation to garage walls
Caulk and sea! per Tltle 24 ofThe State of Califomia
Drywall: 1
5/8" gypsum board, hang, tape and smooth finish to
ceiling and walls
33 Stucco Stucco 1
Countertops: 1
Kitchen Cabinets
Laundry
Powder Room Vanity
Bath 1-2 Vanity
Bath 3 Vanity
Casita Bath Vanity
Master Bath V anity
Cabinets & Vanities 1
Kitchen Cabinetry:
Laundry Cabinetry:
Powder Room Vanity:
Bath 1-2 Vanity:
Bath 3 Vanity:
Casita Bath Vanity:
Master Bath Vanity:
Includes shipping, delivery and install
Kitchen undercabinet lighting:
Cabinet handles throughout:
Counter Tops:
Kitchen Counter Tops:
Powder/Bath3/Casita Counter Top:
17 Insulation
36 Drywall
27 Countertops
21 Cabinets & Vani
15 HVAC
625
Master and Bath 1 & 2 Counters:
Design Fees:
Kitchen -Laundry-Baths
Cabinetry,Counter Top Layouts
Appliance & Fixture Selection & Coordination:
Bathroom Showers tile layouts & Selections; Fixtures
Selections & Coordintation
NOT Included: Appliance- Fixtures(sinks-faucets-shower fixtures/tile etc.) Labor for installation: 1
Glass pricing TBD 1
Interior Paint: Prep work, sand, caulk, and fil all areas where needed.
Protect all areas where needed.
Paint exthouse completely .
Apply primer where needed.
Apply two top coats of paint to ali areas to include stucco and all woodwork Paint to be use in by Dunn Edwards.
Customer to pick color and sheets.
25 Cleanup Final Clean up - no charge
SUBTOTAL
Profit & Overhead Overhead & Insurance Costs
Project Mangement Project Management
TOTAL
24 Paint
37 Tile Installation
626
STATE CONTRACTOR LICENSES: B, C-53 # 816693
44651 VILLAGE CT., SUITE 100, PALM DESERT CA. 92260
[email protected]/www.gwc-construction.com
PROPOSAL/CONTRACT
SUBMITTED TO:
DATE: 08/18/2022
Thank you for considering GWC CONSTRUCTION, to participate as Project Management for the construction of your residence located at
The scope of our proposal consists of the following:
1.-) Manage to prepare the Internal Cost Break down, in coordination with every sub-contractor and with the suppliers of materials and equipment in accordance with the plans and permits approved by San Bernardino County.
2.-) Supervise the fulfillment and execution of the Work, according to the plans and the conditions of the Contract with each sub-contractor.
SCOPE OF WORK:
SECTION I: TECHNICAL OFFER
1.- The owner will provide the approved plans for the start of the job. From that point on, GWC CONSTRUCTION will carry out the following activities:
item DUTIES
1.-
A.- Coordination and elaboration of contracts with sub-contractors.
B.- Develop job schedule in coordination with
sub-contractors.
C.- Supervise compliance with job execution with all
sub-contractors.
D.- Supervise job compliance with construction, security, personal and industrial codes.
E.- Verify the validity of licenses and insurances of every sub-contractor.
F.- Verify the guidelines of insurance policies and its coverage to avoid potential liabilities.
627
item DUTIES
1.-
G.- Supervise job advancements and the compliance with our GANTT calendar.
H.- Supervise the compliance with technical specifications of the materials and construction processes, indicated on the plans to guarantee the quality of the project development.
I.- Coordinate with the sub-contractors to ensure the suppliance of labor, materials, and equipment.
J.- Register each advancement of the job, to approve the payments for each sub-contractor.
K.- Availability for periodical meetings that the owner(s) may request.
L.- Coordinate and execute with the sub-contractors for the request and approval of job inspections.
M.- Coordinate to obtain approval of Final Inspection.
2.- Deliverables:
- Detailed monthly reports of technical advances and cash flow of the construction. - Preparation and revision of advances in coordination with sub-contractors. - Report of the status of material and equipment acquisition.
SECTION II: ECONOMIC OFFER
1.0 Deposit to initiate with the proposed job. Payment on approval of this proposal.
2.0 Monthly construction management (05
months)
Payment at the end of
each month.
Acceptance
This Proposal is approved and accepted by Owner and Project Manager. Each party understands there are no Verbal Agreements. The written terms, specifications, conditions, provisions, prices, and plans in this Proposal constitute the entire agreement between the parties. Changes in this agreement shall only be made by written Change Order with the approval of both parties.
Approved and Accepted (Contractor) Date
628
Approved and Accepted (Owner) Date
629
STATE CONTRACTOR LICENSES: B, C-53 # 816693
44651 VILLAGE CT., SUITE 100, PALM DESERT, CA. 92260
[email protected]/www.gwc-construction.com
PROPOSAL/CONTRACT
SUBMITTED TO:
DATE: JUNE 21, 2023
Thank you for considering GWC CONSTRUCTION, to BUILD YOUR POOL AND SPA.
We hereby propose to furnish all Labor and Material to build a Pool and Spa in accordance to the Architectural Plans and the following details and general specifications:
Pool size : 24’ X 12’
Pool area : 288 SQ. FT.
Pool perimeter : 72 LN. FT
Pool depth shallow end : 1’
Pool deep end : 6’ (FIVE FEET)
Pool coating : MINI PEBBLES
Spa size : 7’ X 7’
Spa area : 49 SQ FT.
Spa perimeter : 28’ ln. ft.
Spa depth : 40”
Spa raised : 18”
Spa jets : SIX (6)
Spa coating : MINI PEBBLES
SCOPE OF WORK
1. PLANS
Contractor will provide Architectural plans and Standard pool and spa engineering plans.
2. BUILDING PERMITS.
The Contractor will obtain and pay for Building Permits. 630
3. GRADING AND EXCAVATION
Contractor will do the lay out and the pool grading to prepare the Jobsite area and excavate the pool area, remove soil and haul away material excess from job location.
4. REBAR
Contractor will install the pool and spa rebar, in accordance with standard Engineering pool plans details approved by Building Department.
5. PLUMBING
Contractor will provide and install schedule 40 PVC plumbing lines and valves for drains, returns, skimmer and auto fill on pool and spa.
Contractor will install the following equipment:
One (1) Pentair Intelliflo variable speed pump
One (1) Pentair Clear Plus 300 sq ft Cartridge Filter
One (1) Pentair UltraTemp Heat Pump, High Performance Heater One (1) Pentair Aqua Pool Salt System
One (1) computer system Pentair EZ Touch PSL 4 w/screenlogic One (1) Pool color light and one (1) spa color light.
6. GAS & ELECTRICAL WORK
Contractor will install a 2" gas line and valves from meter to pool equipment area.
Contractor will provide and install an electrical line from meter to pool equipment area including conduits, weather proof timer and underwater lights.
7. GUNITE/SHOTCRETE
Contractor will apply Gunite/Shotcrete pneumatically at high velocity on pool and spa.
8. CONCRETE WORK
Contractor will install approx 600 sq. ft. of Concrete broom finish for the pool and spa deck.
9. PLASTER WORK
Contractor will apply Mini pebbles on pool and spa shell.
10. CERAMIC TILE WORK
Contractor will install Grade I or II Ceramic tile on pool and spa water line, and on front and back of the spa.
11. CLEAN UP
Contractor will clean up and wash down the job premises area during Construction process and at the end of the work.
All of the work is to be completed in 45 working days, in substantial and workmanlike manners for the Sum of
Payments to be made as follows:
$X On approval
$X Before Digging and Rebar
$X Before Rough plumbing and electrical.
$X Before Gunite/Shotcrete
$X Before equipment installation
$X Before Plaster
631
$X On Completion.
Acceptance
This Proposal is approved and accepted by Owner and Contractor. Each party understands there are no Verbal Agreements. The written terms, specifications, conditions, provisions, prices, and plans in this Proposal constitute the entire agreement between the parties. Changes in this agreement shall only be made by written Change Order with the approval of both parties.
_________________________________________________________________ Approved and Accepted (Contractor) Date
_________________________________________________________________ Approved and Accepted (Owner) Date
Cancellation Period
You have the right to cancel this agreement at any time prior to midnight of the third business day after the date of this agreement for any reason without penalty. You may also waive your right to cancel before the three days, due to meeting scheduled deadlines, escrow closing, moving into the residence, or time constraints due to other trades scheduled to commence. If you waive your right to cancel and the project commences within three business days your project will immediately be governed by the express terms and conditions stated above in this agreement. If the project will commence before the three day cancellation time period your signature is required below. ____________________________________________________________________________ Owner Waives Right to Cancel Date
NOTICE TO OWNER
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity that helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe.This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required providing you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner.
632
A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
Alterations
Any alterations or deviations from the above outlined specifications of this contract involving any additional cost will only be executed upon a signed written Change Order by the Owner. Owner will incur any additional charges over and above this contract.
Delay
Contractor shall not be responsible for any damage occasioned by delays resulting from work done by Owner’s subcontractors, additional work added by the Owner, acts of Owner or Owner’s agent including failure of Owner/Owner’s agent to make timely progress payments or payments for additional work, shortages of material and/or labor, bad weather, fire, strike, governmental regulations, or any other contingencies unforeseen by the Contractor or beyond the Contractor’s reasonable control.
Right to Stop Work
If any payment is not made to Contractor as per this contract, the Contractor shall have the right to stop work until all past due payments or progress payments are received.
Severability
Contractor presents this document as a Proposal for Professional Services. The pricing of this project will remain in effect for ten (10) days from the date it is issued. Once signed, this Proposal becomes a legal and binding Contract Document, enforceable by all parties, and pricing becomes a permanent part of the Contract Document and cannot change, except by Change Order, as identified in Item 1.
Warranty
Pools and spa are covered by a one year warranty by Contractor. All electronic and/or mechanical components used in the project are covered by a separate manufacturer supported warranty.
Measurements
All material in this Proposal is calculated to be as accurate as possible. Once formed, all concrete is subject to a final field measure to ensure accuracy and adherence to the Contract Documents. Any concrete added outside the scope of the signed Contract Documents will be charged in accordance with the current concrete pricing and will become due and payable with the “concrete/decking” phase payment.
Startup
Pool and Spa Startup consists of daily brushing and chemical balancing for a period of five (5) days. This work has to be done for the Owner and/or a Pool Service Contractor.
Collection and Legal Fees
Owner agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should the Owner default in full payment of this contract. If litigation arises out of this contract, prevailing party (ies) are entitled to all legal, arbitration, and attorney fees.
633
Insurance
GWC Construction shall provide Owner, with a Certificate of Liability Insurance evidencing not less of 1’000.000.00 (ONE MILLION AND OO/100 DOLLARS) by occurrence and Personal Injury.
Payments
Payments shall be made per Section 7159(e) and (f) of the California Business and Professional Code, Pursuant to Section 7159 (f) of the California Business and Professional Code, upon full and satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to the person contracting for this home improvement, a full and unconditional release from any claim or mechanic’s lien Pursuant to Section 3114 of the Civil Code, for that portion of the work for which payment has been made.
Start and Completion
Start day is going to be defined 24 hours after obtain the Building Permit. Completion day is going to be after 75 working days from the start day. Working days are going to be considered from Monday to Friday.
Prior to install the pebbles, Owners and Contractor will make a “Pass Trough” and prepare a writing list of the possible defects of the work, in order to be corrected.
The job is going to be considered 100% complete after Building Department Final Inspection.
Arbitration of Disputes
Any controversy or claim arising out of or related to this Contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Notice: “By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the “Arbitration of Disputes” provision decided by neutral arbitration as provided by California law and you are giving up any rights you might poses to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up judicial rights to discovery and appeal, unless those rights are specifically included in the “Arbitration of Disputes” provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the Business and Professions Code or other applicable laws. Your agreement to this arbitration provision is voluntary.
“I (We) have read and clearly understand the foregoing and agree to submit any and all disputes arising with GWC Construction to “Arbitration of Disputes” provision to neutral arbitration.”
I (We) agree to arbitration: __________ __________
634
PROJECT TEAM RESUMES:
Guillermo W. Caipo
Position: General Manager and Job Supervision
License: B, C-53: #816693
Ana Maria Calle
Position: Assistant Manager and Computer specialist
Xochitl Avina
Position: Accountant and Cost Control
Rob Miller
Position: Attorney
635
We will keep detailed records describing normal refueling methods, our attempts to procure renewable diesel fuel and proof that shows we were not able to procure renewable diesel.
________________________
Guillermo W. Caipo
General Contractor
636
Contract No. C44620F
- 1 -
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 11th day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and GWC Construction, a Sole Proprietorship, with its principal place of business at 44651 Village Court, Suite 100, Palm Desert, California 92260 (“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 3 (“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 July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this 637
Contract No. C44620F
- 2 -
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 Guillermo W.
Caipo, 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 638
Contract No. C44620F
- 3 -
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, 639
Contract No. C44620F
- 4 -
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. 640
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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. 642
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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. 643
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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 644
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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 645
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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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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. 646
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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:
GWC Construction
44651 Village Court, Suite 100
Palm Desert, CA 92260
Attn: Guillermo Caipo, 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, 648
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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 649
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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. 650
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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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND GWC CONSTRUCTION
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
GWC CONSTRUCTION , A SOLE
PROPRIETORSHIP
By:
Its: President/Owner
Printed Name: Guillermo Caipo
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: MN
Bonds: _______
Insurance:
__________
Initial Review
___________
Final Approval
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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
• Desert Willow Golf Resort, 38995 Desert Willow 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 653
Contract No. C44620F
Exhibit A
improvement projects will be conducted in a manner that provides for the adequate and 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.
654
Contract No. C44620F
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 655
Contract No. C44620F
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.
656
Contract No. C44620F
Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 657
Contract No. C44620F
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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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 $40.00
2 Construction Supervisor 1 Hourly Rate $45.00
3 Framer 1 Hourly Rate $35.60
4 Drywall Installer 1 Hourly Rate $35.16
5 Plumber 1 Hourly Rate $30.00
6 Concrete Worker 1 Hourly Rate $33.82
7 Carpenter 1 Hourly Rate $35.60
8 Painter 1 Hourly Rate $30.38
9 Welder 1 Hourly Rate $35.60
10 Flooring Installer 1 Hourly Rate $35.60
11 Laborer 1 Hourly Rate $37.75
658
PER TASK ORDER PERFORMANCE BOND Contract No. C44620F Task Order No. ________ Exhibit D
EXHIBIT “D” BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to GWC Construction, (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 1, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, GWC Construction the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of ____________________________________, ($______________), 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:
659
PER TASK ORDER PERFORMANCE BOND Contract No. C44620F Task Order No. ________ Exhibit D
(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]
660
PER TASK ORDER PERFORMANCE BOND Contract No. C44620F Task Order No. ________ 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.
661
PER TASK ORDER PERFORMANCE BOND Contract No. C44620F Task Order No. ________ 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
662
PER TASK ORDER PERFORMANCE BOND Contract No. C44620F Task Order No. ________ 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
663
PER TASK ORDER PAYMENT BOND Contract No. C44620F Task Order No. ________ 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 July 1, 2024, has awarded to GWC Construction 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 July 1, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of __________________________ ($_____________) 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 664
PER TASK ORDER PAYMENT BOND Contract No. C44620F Task Order No. ________ 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]
665
PER TASK ORDER PAYMENT BOND Contract No. C44620F Task Order No. ________ 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.
666
PER TASK ORDER PAYMENT BOND Contract No. C44620F Task Order No. ________ 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
667
PER TASK ORDER PAYMENT BOND Contract No. C44620F Task Order No. ________ 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
668
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
RESPONSE DEADLINE: June 3, 2024 at 5:00 pm
Report Generated: Tuesday, June 4, 2024
Kincaid Industries, Inc. Response
CONTACT INFORMATION
Company:
Kincaid Industries, Inc.
Email:
[email protected]
Contact:
Rocky Espiritusanto
Address:
31065 Plantation Drive
Thousand Palms, CA 92276
Phone:
(760) 343-5457
Website:
www.kincaidindustries.com
Submission Date:
Jun 3, 2024 4:21 PM
669
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
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.
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.
670
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
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.
1.1._Cover_Letter.pdf
1.2._Experience_&_Technical_Competence.pdf
1.3._Firm_Staffing_and_Key_Personnel.pdf
1.4._Proposed_Method_to_Accomplish_Work.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, 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 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. 671
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
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. Iran Contracting Act Certification*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 695797
Click to Verify Value will be copied to clipboard
672
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000022960
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP 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").
Maximum response length: 5000 characters
673
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
We understand this RFP is primarily for GC Response but Kincaid is submitting for Projects specific to Plumbing, Fire Sprinklers and Site Utilities.
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
10._Project_Team_Resumes.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
A. R. Scott Kincaid
B. President
C. 31065 Plantation Drive, Thousand Palms, CA 92276
D. [email protected]
E. 760-343-5457
674
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
12. 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.* Confirmed
13. Fleet Compliance Certification*
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in item 13 above.
14._Fleet_Compliance_Documentation.pdf
PRICE TABLES
HOURLY RATES
Line Item Description Unit of Measure Unit Cost
1 Construction Foreman Hourly Rate $0.00
2 Construction Supervisor Hourly Rate $0.00
3 Framer Hourly Rate $0.00
4 Drywall Installer Hourly Rate $0.00
5 Plumber Hourly Rate $150.00
6 Concrete worker Hourly Rate $0.00
7 Carpenter Hourly Rate $0.00
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[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[KINCAID INDUSTRIES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 3
Line Item Description Unit of Measure Unit Cost
8 Painter Hourly Rate $0.00
9 Welder Hourly Rate $0.00
10 Flooring installer Hourly Rate $0.00
11 Laborer Hourly Rate $0.00
676
Plumbing • Grading • Engineering • Fire Sprinklers
31 -065 Plantation Drive • Thousand Palms, CA 92276 • (760) 343 -5457 • Fax (760) 343 -5446 License #695797 A, C-36, C-16 • www. Kincaid Industries. com May 30, 2024
SUBMITTED ONLY FOR THE PLUMBING & FIRE SPRINKLERS
To the Awarding Body
City of Palm Desert
PW – Operations & Maintenance
Facilities Repairs and Improvements Project 3
Kincaid Industries, Inc. (“Kincaid”) is a local full-service Plumbing & Fire Sprinkler construction and service company. We are here for all your plumbing and fire sprinkler needs from basic preventative maintenance and certifications to complex and specialized installation and repair services.
Kincaid is unique in the way that we can also do new construction, remodels, modernizations, and site utilities.
Kincaid has and continues to be a reputable industry leader in the field we are fully licensed to perform, i.e., A - General Engineering, C16 – Fire Sprinklers & C36-Plumbing.
We strive to provide the absolute highest standards in customer service. We are always available and can be on call 24/7 to meet your emergency needs when necessary.
With a diverse portfolio of clients, Kincaid has worked on many different types of facilities including school projects across Southern California. We recently completed the new and amazing Apple Tower Theater – this historic theater was built in 1927 and posed several unique challenges as it was being modernized while still maintaining the incredible attention to detail in honoring this historic location in the Broadway District of Downtown Los Angeles. We have and are currently working with the Port of Long Beach Fire Boat Stations, these stations have really tested our ability to adapt to the issues in the field with building fire stations on the water. Also in our portfolio are medical facilities, including the Eisenhower Medical buildings, Desert Regional Center as well as smaller facilities like the Desert AIDS facility.
We have a special focus locally here in the Coachella Valley having worked on the Indian Wells Tennis Gardens, Desert Hot Springs City Hall, the Agua Caliente group of casinos among others. Recently, we have won the heart of the City of Palm Springs and are currently providing the Plumbing & Fire Sprinkler services for all their managed facilities including the Palm Springs International Airport.
We would love to continue serving you!
R. Scott Kincaid, President
677
SCOPE OF SERVICES
678
679
Plumbing • Grading • Engineering • Fire Sprinklers
31 -065 Plantation Drive • Thousand Palms, CA 92276 • (760) 343 -5457 • Fax (760) 343 -5446 License #695797 A, C-36, C-16 • www. Kincaid Industries. com
3. FIRM STAFFING & KEY PERSONNEL
1. Staffing: A sufficient number of Staff will be
assigned and dispatched as required by each Work
Order to efficiently execute the Work.
2. Key Personnel:
Service Manager: Steve Olivas/Ben Allen
Email: [email protected]
Foreman: TDB if necessary
Journeyman: TBD
Apprentice: TBD if necessary
Service Administrative Team
Email: [email protected]
3. Team Organization:
President: Scott Kincaid
Administrative Contact: Rocky Espiritusanto
Service Call Processing: Stacy Delacruz
VP-Estimating & Service Manager: Steve Olivas
Field Dispatch: Ben Allen
Billings & Receivables: Jose Delacruz
4. Proposed Method to Accomplish the Work
Upon receipt of Work Request/Work Order, a Team
member will be assigned to review the work and
provide an estimate for the City to approve. Once
approved, the Work will be scheduled according to the
City’s preference. Once the Work is completed, the
City will be advised.
680
Plumbing • Grading • Engineering • Fire Sprinklers
31 -065 Plantation Drive • Thousand Palms, CA 92276 • (760) 343 -5457 • Fax (760) 343 -5446 License #695797 A, C-36, C-16 • www. Kincaid Industries. com
1.4. PROPOSED METHOD TO ACCOMPLISH THE WORK
1. Proposed Method to Accomplish the Work
Upon receipt of Work Request/Work Order, a Team
member will be assigned to review the work and
provide an estimate for the City to approve. Once
approved, the Work will be scheduled according to the
City’s preference. Once the Work is completed, the
City will be advised.
681
Plumbing • Grading • Engineering • Fire Sprinklers
31 -065 Plantation Drive • Thousand Palms, CA 92276 • (760) 343 -5457 • Fax (760) 343 -5446 License #695797 A, C-36, C-16 • www. Kincaid Industries. com
11. PROJECT TEAM RESUMES
Project Team Members will be determined an
assigned upon receipt of Project/Task Request and
may vary as it relates to our Trades. Resumes will be
provided as needed.
682
Plumbing • Grading • Engineering • Fire Sprinklers
31 -065 Plantation Drive • Thousand Palms, CA 92276 • (760) 343 -5457 • Fax (760) 343 -5446 License #695797 A, C-36, C-16 • www. Kincaid Industries. com
14. Fleet Compliance Documentation
We do not have vehicles that fall under or subject to
CARB Regulations.
683
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Contract No. C44620G
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 11th day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and Kincaid Industries, Inc., an S Corporation, with its principal place of business at 31065 Plantation Drive, Thousand Palms, California 92276 (“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 3 (“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 July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this 685
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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 Scott Kincaid, 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 686
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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, 687
Contract No. C44620G
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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. 688
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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. 690
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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. 691
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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 692
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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 693
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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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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. 694
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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:
Kincaid Industries, Inc.
31065 Plantation Drive
Thousand Palms, CA 92276
Attn: Scott Kincaid, 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, 696
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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 697
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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. 698
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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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND KINCAID INDUSTRIES, 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
KINCAID INDUSTRIES, INC.,
AN S CORPORATION
By:
Its: President
Printed Name: Scott Kincaid
By:
Its: Vice President
Printed Name: Steve Olivas
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: MN
Bonds: _______
Insurance:
__________
Initial Review
___________
Final Approval
700
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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
• Desert Willow Golf Resort, 38995 Desert Willow 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 701
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Exhibit A
improvement projects will be conducted in a manner that provides for the adequate and 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.
702
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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 703
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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.
704
Contract No. C44620G
Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 705
Contract No. C44620G
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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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 $0.00
2 Construction Supervisor 1 Hourly Rate $0.00
3 Framer 1 Hourly Rate $0.00
4 Drywall Installer 1 Hourly Rate $0.00
5 Plumber 1 Hourly Rate $150.00
6 Concrete Worker 1 Hourly Rate $0.00
7 Carpenter 1 Hourly Rate $0.00
8 Painter 1 Hourly Rate $0.00
9 Welder 1 Hourly Rate $0.00
10 Flooring Installer 1 Hourly Rate $0.00
11 Laborer 1 Hourly Rate $0.00
706
PER TASK ORDER PERFORMANCE BOND Contract No. C44620G Task Order No. ________ Exhibit D
EXHIBIT “D” BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Kincaid Industries, Inc., (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 1, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Kincaid Industries, Inc. the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of ____________________________________, ($______________), 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:
707
PER TASK ORDER PERFORMANCE BOND Contract No. C44620G Task Order No. ________ Exhibit D
(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]
708
PER TASK ORDER PERFORMANCE BOND Contract No. C44620G Task Order No. ________ 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.
709
PER TASK ORDER PERFORMANCE BOND Contract No. C44620G Task Order No. ________ 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
710
PER TASK ORDER PERFORMANCE BOND Contract No. C44620G Task Order No. ________ 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
711
PER TASK ORDER PAYMENT BOND Contract No. C44620G Task Order No. ________ 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 July 1, 2024, has awarded to Kincaid Industries, 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 July 1, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of __________________________ ($_____________) 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 712
PER TASK ORDER PAYMENT BOND Contract No. C44620G Task Order No. ________ 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]
713
PER TASK ORDER PAYMENT BOND Contract No. C44620G Task Order No. ________ 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.
714
PER TASK ORDER PAYMENT BOND Contract No. C44620G Task Order No. ________ 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
715
PER TASK ORDER PAYMENT BOND Contract No. C44620G Task Order No. ________ 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
716
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
RESPONSE DEADLINE: June 3, 2024 at 5:00 pm
Report Generated: Tuesday, June 4, 2024
Socal Electrical and Lighting Inc Response
CONTACT INFORMATION
Company:
Socal Electrical and Lighting Inc
Email:
[email protected]
Contact:
Dane Harmon
Address:
73700 Dinah Shore Dr
#407
Palm Desert, CA 92211
Phone:
(760) 699-2686
Website:
socalelectricalandlighting.com
Submission Date:
Jun 3, 2024 3:41 PM
717
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
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.
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.
718
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
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.
COVER_LETTER.docx
Experience_and_Technical_Competence.docx
Firm_Staffing_and_Key_Personnel.docx
Proposed_Method_to_Accomplish_the_Work.docx
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, 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 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. 719
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
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. Iran Contracting Act Certification*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1075225
Click to Verify Value will be copied to clipboard
720
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1001023722
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP 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").
Maximum response length: 5000 characters
721
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
Key_Personnel_Information.docx
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Misti Boring- President
73700 Dinah Shore Drive suite #407
Palm Desert, CA 92211
[email protected]
760-699-2686
Dane Harmon- Vice President
73700 Dinah Shore Drive suite #407
Palm Desert, CA 92211
[email protected]
722
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
760-699-2686
12. 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.* Confirmed
13. Fleet Compliance Certification*
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in item 13 above. fleet_compliance.docx
PRICE TABLES
HOURLY RATES
Line Item Description Unit of Measure Unit Cost
1 Construction Foreman Hourly Rate $195.00
2 Construction Supervisor Hourly Rate $0.00
3 Framer Hourly Rate $0.00
4 Drywall Installer Hourly Rate $0.00
5 Plumber Hourly Rate $0.00
6 Concrete worker Hourly Rate $0.00
723
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-112
Facilities Repairs and Improvements Project 3
[SOCAL ELECTRICAL AND LIGHTING INC] RESPONSE DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project 3
Line Item Description Unit of Measure Unit Cost
7 Carpenter Hourly Rate $0.00
8 Painter Hourly Rate $0.00
9 Welder Hourly Rate $0.00
10 Flooring installer Hourly Rate $0.00
11 Laborer Hourly Rate $99.00
724
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
COVER LETTER
SoCal Electrical & Lighting, Inc is a woman owned company formulated in January 2021 based out of Palm Desert California. We excel in servicing all types of electrical, lighting and low voltage tasks ranging from 0 to 600 volts. Some of our specialties include new construction, remodeling, maintenance, EV charger infrastructure, installation and commissioning, diagnostic and troubleshooting. We perform these duties on or in any type of residential and commercial settings. We strive to keep a delicate yet efficient approach to any task we are given. We have found no issue completing any project we are tasked with large or small. We contain over 20 years of advanced electrical knowledge, striving to keep up with current technologies that allow us to operate efficiently and makes for a better end result on product delivery. We utilize this knowledge to deploy many methods to deliver the most effective and efficient product to our clients. We are currently registered with the DIR and have completed prevailing wage jobs locally and around southern California.
725
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Experience and Technical Competence
Background:
Our firm possesses 20 + years experience in various types of electrical related maintenance and repair inside and outside all types of commercial and residential buildings. We have obtained knowledge over this time to be able to pin point issues allowing us to accurately and efficiently perform repairs keeping diagnosis time to a minimum and resolution of any issues or repairs proper and permanent. Whether it be troubleshooting or installation or a simple repair we are only interested in delivering the most effective solution aimed at keeping our clients costs as minimal as possible including making every effort to eliminate the need for additional trades to make residual repairs after our work is complete, also aimed at keeping overall costs to a minimum.
When addressing new installations, if plans are provided they are priced and followed per plan, any issues in being able to perform per plan are brought up to client or project management and our recommendations for solution put forth for approval. If we are given the ability to design and install we always approach with the clients needs in mind and utilize all technologies available to us to be able to deliver the best product possible, always within the bounds of national and local code requirements.
References:
Some of our recently completed and ongoing projects that fit this RFP include:
Indigo Auto Group / Desert European Motorcars:
We have completed years of interior and exterior electrical power and lighting maintenance along with remodeling and new construction spread across 10 high end automotive brands. We have installed numerous commercial chargers ranging for 12kw to 124 kw along with commissioning. We understand the need for this commercial setting to be operating at capacity safely and always operate in a fashion that has minimal interference with day to day operations.
Contact: Todd Hector, facilities construction and maintenance 760- 898-4844
The Vintage Club:
We have performed HOA Lighting and maintenance and new installations along with safety inspections and corrections since 2021 for all 7 HOAs. This includes miles of landscape lighting and facilities within the gates of The Vintage Club.
Contact: Jacqueline Wright, HOA Manager 760-408-4082
726
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
HEC Development:
We have successfully completed remodeling, maintenance and new construction of many commercial buildings all over Southern California with HEC. We are currently in completion stages of Genesis Palm Springs and under construction at Nissan Palm Springs with this firm. We have also performed many EV charger installs with HEC on a commercial level ranging from 12kw to 250kw.
Contact: Chris Hector, owner 760-898-7743
Academy Fire:
We have responded to numerous troubleshooting and maintenance issues in various buildings spread across the Inland Empire for this firm.
Contact: Jose Molina, facilities manager 347-527-0768
South Coast Air Quality Management:
We have completed electrical installations for SCAQM for their monitoring site in Indio California. This included upstream main electrical panel energizing and subsequent distribution circuitry for their air quality monitoring equipment which provides the public with up to date air quality reporting.
Project was a prevailing wage job.
Contact: Eric Holden 858-386-6059
Hamilton Pacific Chamberlain, LLC:
Completed installation of infrastructure, install and commissioning of commercial EV charging at Sonny Bono Wildlife Preserve. Prevailing wage job
Contact: Hector Ramirez, project coordinator 301-752-9433 ABM :
For ABM we have completed EV charger installation projects across Southern California including infrastructure, underground to set 350 kw chargers
Contact : Phillip Volk / Program Manager e-mobility / 513-341-7903
727
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
728
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Firm Staffing and Key Personnel
Staffing:
This RFP is “no cost” and there are no task orders to refer to regarding personnel requirement, however, in respect to response of simple maintenance needs we possess the capability to deploy 1 to 4 technicians should needs require multiple locations simultaneously with the ability to provide up to 11 employees should any task order require multiple resources to complete in a timely manner.
Technicians / Field Supervision:
Dane Harmon / Electrician / Vice President
Cameron Ross / Electrician /Service Manager
Robert Millan / Electrician / Lead technician
Javier Valles / Electrician / Lead Technician
Trever Woods / Electrician / Field Supervisor
Byron Gutierrez / Electrician / Lead Technician
We possess the ability to deploy on demand an additional 5 electricians at apprentice level to work in conjunction or alongside those named above if needed that are currently employed full-time with our firm.
Key Personnel:
In addition to the list above, key personnel your city will be working with include.
Misti Boring / President
Dane Harmon / Vice President
Sandra Vong / Accounting Manager, HR
Alex Aikins / Office Manager, Scheduling
Trever Woods / Field Supervisor
Cameron Ross / Service Manager
729
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Team Organization:
Field deployment is handled on a case-by-case basis regarding amount of resources required but as a general flow of operations we would handle in the following capacity.
Simple Maintenance and repair under NTE:
Task order received most likely via email to Dane Harmon or Alex Aikins – placed into scheduling with description of work to be completed on our field management software – dispatched to one any one of the technicians on the previously provided list with Cameron Ross having priority – Trever Woods follows up and reviews any issues if anything arises- work order is completed within our system which then sends to Sandra Vong for Final invoicing. If we receive an NTE and repair may exceed, Dane Harmon will submit an estimate for approval.
New installations and RFP with cost:
RFP is received, reviewed, prepared, and submitted by Dane Harmon. Upon acceptance any signatures required are reviewed and provided by Misti Boring and Dane Harmon. Project is sent to scheduling, reviewed, and scheduled by Trever Woods and/ or Alex Aikins, then dispatched to field and responded to by one or more of our field technicians listed on previous page. Completion is reviewed by Dane Harmon and/or Trever Woods for quality control, Project is finalized and sent to Sandra for invoicing. If deposits are required, we will provide a payment schedule for your review and approval.
Subcontractors:
We are heavily seasoned in infrastructure, installation and commissioning of underground utility as well as commercial EV Chargers covering up to and beyond 350kw. In most cases we need to remove and replace asphalt, build and pour pads, trench and install underground conduit. When we are faced with projects that require heavy equipment and asphalt removal – replacement, footing steel and concrete we will sub contract to Willcorp Engineering who is also based out of Palm Desert.
730
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Proposed Method to Accomplish the Work
This response with no cost does not afford us the ability to review any certain tasks requested by the City of Palm Desert so therefore it is difficult to prepare an approach as we don’t know any specifics at this time. Once we are able to review any requests, we will utilize the methods disrobed within our submittal to complete as efficiently as possible. If we observe anything that would require a long- or short-term goal, we will supply our plan at that time.
731
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Key Personnel information
Below are some bullet points of the key personnel the City of Palm desert would be likely to have dealing with should we enter into an agreement together.
Misti Boring
Misti Boring is President of SoCal Electrical & Lighting, Inc. Misti performed many administrative duties during the start of Socal Electrical & Lighting. Misti currently reviews and provides signature of all contacts and makes certain of compliance and delivery of all contracts awarded to SoCal Electrical & Lighting.
Dane Harmon / Vice President
Dane Harmon started his electrical career in 1999 and has been involved in all forms of electrical related work since. Obtaining his contractors license in March 2011 he has been a key player and involved in day to day operations of electrical contracting for 13 years. Today his duties include, estimating, field information resource, oversight and implementation of day to day operations for SoCal Electrical & Lighting.
Some specialties include :
- Troubleshooting
- Design and install of electrical systems 0-600 volts
- Problem Solving
- Management
- Material Sourcing
- Automation install and programming
Dane formulated SoCal Electrical & Lighting with Misti Boring in 2021 and operates SoCal Electrical & Lighting to current day.
Trever Woods / Field Supervisor
Trever Woods began his apprenticeship with Dane Harmon in 2012. He quickly grasped the concept of electrical theory and install allowing him to excel in field to become a very important and beneficial resource for SoCal Electrical & Lighting. Currently Trever uses the knowledge he’s gained to oversee day to day field operations for SoCal Electrical & Lighting, Inc. Trever also excels in areas of :
- project management
- troubleshooting
732
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
- Diagnostics
- safety and more
Trever has been with SoCal electrical & Lighting since January 2021 Cameron Ross/ Service Manager
Cameron started May 2022 and currently heads field support for our service department.
Cameron excels but is not limited to
- Customer service
- Troubleshooting
- Minor and major installations
Alex Aikins/ Office Manager
Alex currently handles our office and administrative needs at SoCal Electrical & Lighting. She has contributed the following duties for us since FEB 2023:
- Customer service
- Scheduling
- Field technician support
- Routing
- Data entry and procurement
Sandra Vong / Accounting Manager,
employed with SoCal Electrical and Lighting, Inc for 1 year to present. Over 10+ years in construction accounting. Currently oversees all accounting aspects of the business from bookkeeping, reporting, HR and managing personnel.
Key Skills include but not limited to:
- AP/ AR; month end and yearend closing
- Payroll, job costing reporting
- Prevailing Wage/ Labor compliance/CPR/DIR
- Union Reporting
- Partners directly with CPA firm for tax filing
733
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Dr. #407 | Palm Desert, CA 92211
Tel: 760.699.2686
License #1075225|C10
www.socalelectricalandlighting.com
_____________________________________________________________________________________ _____________________________________________________________________________________ COMMERCIAL | RESIDENTIAL | PUBLIC WORKS
Fleet Compliance Documentation
N / A
734
Contract No. C44620H
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 11th day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and SoCal Electrical and Lighting, Inc., an S Corporation, with its principal place of business at 73700 Dinah Shore Drive, Suite 407, Palm Desert, California 92211 (“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 3 (“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 July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this 735
Contract No. C44620H
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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 Dane Harmon, Vice 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 736
Contract No. C44620H
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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, 737
Contract No. C44620H
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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. 738
Contract No. C44620H
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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.
739
Contract No. C44620H
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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. 740
Contract No. C44620H
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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. 741
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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 742
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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 743
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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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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. 744
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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:
SoCal Electrical and Lighting, Inc.
73700 Dinah Shore Drive, Suite 407
Palm Desert, CA 92211
Attn: Dane Harmon, Vice 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, 746
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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 747
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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. 748
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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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND SOCAL ELECTRICAL AND LIGHTING, 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
SOCAL ELECTRICAL AND LIGHTING, INC.,
AN S CORPORATION
By:
Its: President
Printed Name: Misti Boring
By:
Its: Vice President
Printed Name: Dane Harmon
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: MN
Bonds: _______
Insurance:
__________
Initial Review
___________
Final Approval
750
Contract No. C44620H
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
• Desert Willow Golf Resort, 38995 Desert Willow 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 751
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Exhibit A
improvement projects will be conducted in a manner that provides for the adequate and 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.
752
Contract No. C44620H
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 753
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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.
754
Contract No. C44620H
Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 755
Contract No. C44620H
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 Four Million Five Hundred Thousand Dollars ($4,500,000.00) 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 $195.00
2 Construction Supervisor 1 Hourly Rate $0.00
3 Framer 1 Hourly Rate $0.00
4 Drywall Installer 1 Hourly Rate $0.00
5 Plumber 1 Hourly Rate $0.00
6 Concrete Worker 1 Hourly Rate $0.00
7 Carpenter 1 Hourly Rate $0.00
8 Painter 1 Hourly Rate $0.00
9 Welder 1 Hourly Rate $0.00
10 Flooring Installer 1 Hourly Rate $0.00
11 Laborer 1 Hourly Rate $99.00
756
PER TASK ORDER PERFORMANCE BOND Contract No. C44620H Task Order No. ________ Exhibit D
EXHIBIT “D” BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to SoCal Electrical and Lighting, Inc., (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 1, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, SoCal Electrical and Lighting, Inc. the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of ____________________________________, ($______________), 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:
757
PER TASK ORDER PERFORMANCE BOND Contract No. C44620H Task Order No. ________ Exhibit D
(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]
758
PER TASK ORDER PERFORMANCE BOND Contract No. C44620H Task Order No. ________ 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.
759
PER TASK ORDER PERFORMANCE BOND Contract No. C44620H Task Order No. ________ 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
760
PER TASK ORDER PERFORMANCE BOND Contract No. C44620H Task Order No. ________ 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
761
PER TASK ORDER PAYMENT BOND Contract No. C44620H Task Order No. ________ 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 July 1, 2024, has awarded to SoCal Electrical and Lighting, 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 July 1, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of __________________________ ($_____________) 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 762
PER TASK ORDER PAYMENT BOND Contract No. C44620H Task Order No. ________ 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]
763
PER TASK ORDER PAYMENT BOND Contract No. C44620H Task Order No. ________ 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.
764
PER TASK ORDER PAYMENT BOND Contract No. C44620H Task Order No. ________ 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
765
PER TASK ORDER PAYMENT BOND Contract No. C44620H Task Order No. ________ 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
766
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: July 11, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 11, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 2a: STUDY SESSION: IMPERIAL IRRIGATION DISTRICT’S ENERGY INFRASTRUCTURE
PARTNERSHIP
Q1: Regarding the IID substation, is it correct that we will not be liable for the $5 million in bonds, as we will either be reimbursed by other property owners or indirectly through increased sales tax revenue over several years
A1: The City would front the initial cash outlay to get the substation underway and then require payback agreements prior to the landowners developing their properties. The City may be out $1- $3 million over the next decade or two depending on the speed of development. Without the substation, the property owners are frozen out.
ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MINUTES
After further review, the City Clerk recommends the approval of the June 27, 2024, City Council Meeting minutes with the following revision:
15a. APPEAL OF THE BUILDING BOARD OF APPEALS DETERMINATION OF THE CHIEF BUILDING OFFICIAL’S APPLICATION OF THE 2022 CALIFORNIA RESIDENTIAL CODE, SECTION R310.1 (EMERGENCY ESCAPE AND RESCUE)
Dylan Guzel, provided closing remarks on behalf of the City, asserted that there are regulations that businesses are required to follow that homeowners do not in order to protect the public; asserted that this action is not considered a regulatory taking as the City stated the room was never intended to be a bedroom, the City did not sell or advertise the unit, and the City upheld the Code at the time of construction.
Dylan Guzel, Deputy City Attorney, provided closing remarks on behalf of the City; pointed out that a vacation rental is a commercial endeavor which is subject to regulations similar to other businesses; noted these regulations are in place for the public health and safety during emergencies; asserted that the County Assessor’s Office statements regarding the number of bedrooms are based on a visual floorplan inspection without comparison to the California Building Codes and pointed out these representatives are not official building inspectors, architects, engineers, or professionals in that capacity; opined that the City’s actions are not a regulatory taking as the City has consistently applied the building code standard that dens cannot be used as a sleeping room and had no role in the advertising or marketing of the property. 767
06/27/2024 Question & Answer Memo