Agenda packet, regular meeting — Palm Desert City Council, August 22, 2024 (part 3 of 5)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Chris Gerry, Senior Project Manager
REQUEST: RESOLUTION APPROVING AN ADMINISTRATIVE POLICY REGARDING

THE USE OF SERVICE ANIMALS
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE OF SERVICE ANIMALS.”
BACKGROUND/ANALYSIS:

The City of Palm Desert (City) adheres to the Americans with Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities, including those accompanied by service animals. The City Council is requested to adopt the proposed resolution approving an administrative policy that outlines guidelines for the use of service animals in City facilities and programs.

Under ADA regulations, public entities must permit service animals in public areas, even if local health codes prohibit animals. Individuals with disabilities accompanied by service animals must not face isolation, unfair treatment, or fees that do not apply to other patrons.

Service animals, as defined in Title II and Title III of the ADA, are specially trained dogs that perform tasks for individuals with disabilities, such as guiding the blind or alerting the deaf. They are not pets but working animals essential to their handler's disability-related tasks. The policy also includes provisions for miniature horses that are trained to assist individuals with disabilities, requiring reasonable accommodation based on factors like training, control, and facility safety.

This administrative policy aligns with federal regulations and reinforces the City’s commitment to accessibility and inclusion. Therefore, staff recommends the City Council adopt the resolution and approve the policy.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

There is no direct financial impact associated with this action.

ATTACHMENT:

1. Resolution
1a. Administrative Policy (ADA-002)
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420
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY

REGARDING THE USE OF SERVICE ANIMALS
WHEREAS, the City of Palm Desert (City) adheres to the Americans with Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities; and WHEREAS, the City is responsible for appropriately supporting individuals with disabilities who use service animals in City-owned and managed properties, facilities, and events; and
WHEREAS, the City desires to formalize its policy for service animals; and WHEREAS, the City Council has been presented with a draft policy in the form attached to this Resolution as “Administrative Policy ADA-002” and by this reference incorporated herein.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to establish and periodically review and update Administrative Policy ADA-002.

SECTION 3. The attached Administrative Policy ADA-002 shall be added to the City’s Administrative Procedures.

ADOPTED ON AUGUST 22, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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Resolution No. 2024-____ Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.

ANTHONY J. MEJIA

CITY CLERK
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CITY OF PALM DESERT

ADMINISTRATIVE PROCEDURES
Subject Service Animals
Policy No. ADA-002
Date Issued: August 22, 2024
Approved by Resolution 2024-___
Authored by Public Works Department
Introduction
In compliance with the Americans with Disabilities Act (ADA), the City of Palm Desert (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its programs, services, and activities, which includes the use of service animals.

Defining Service Animals
A. According to Title II and Title III of the ADA, as defined by the U.S. Department of Justice, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities.

B. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other specific duties.

C. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

D. This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

Allowance
Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public must generally allow service animals to accompany people with disabilities in all areas of the facility where the public is permitted.

For example, in a hospital, it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms, unless the animal poses a safety issue.

However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment. 423
ADA-002

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Policy for Use of Service Animals
The City, in accordance with the ADA, requires that service animals be under the control of their handlers at all times. Staff and employees are not responsible for the care or supervision of an individual’s service animal. The animal must be harnessed, leashed, or tethered unless the individual’s disability prevents the use of these devices or if they interfere with the service animal’s safe and effective performance of tasks. In such cases, the individual must maintain control of the animal through voice, signal, or other effective means.

Guidelines
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

A. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility (e.g., in an emergency evacuation or homeless shelter), they should both be accommodated by being assigned, if possible, to different locations within the room or different rooms in the facility.

B. A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control, and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

C. City establishments that sell or prepare food must generally allow service animals in public areas, even if state or local health codes prohibit animals on the premises.

D. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a City program requires a deposit or fee to be paid by patrons with pets, the City must waive the charge for service animals.

Miniature Horses
In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to perform work or tasks for people with disabilities.

Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and typically weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations outline four assessment factors to help entities determine whether miniature horses can be accommodated in their facility. The assessment factors are: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the handler’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. 424

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
SUBJECT: AWARD CONTRACT C47630 TO ECONOLITE SYSTEMS, INC. OF

ANAHEIM, CALIFORNIA, FOR THE TRAFFIC SIGNAL HARDWARE
UPGRADES (PROJECT NO. MTS00003)
RECOMMENDATION:

1. Award Contract No. C47630 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrades in the amount of $211,487.75, plus a contingency of $30,000 for unforeseen conditions.

2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.

BACKGROUND/ANALYSIS:

The City of Palm Desert (City) is responsible for 99 signalized intersections. Each intersection includes a signal controller cabinet that houses the signal controller and other components.

Several cabinet controllers and components have exceeded their useful lifespans, making them susceptible to malfunction due to deterioration caused by desert weather conditions.

The Traffic Signal Hardware Upgrades (Project) addresses cabinet controllers and components at nine signalized intersections. The scope of work includes, but is not limited to, removing existing and installing new conductors and cables; replacing existing traffic signal controller cabinets; and removing and replacing controller components. On June 5, 2024, the City advertised the Project and received seven bids, as follows:

Contractor Location Total Bid
Econolite Systems, Inc. Anaheim, CA $211,487.75
Yunex LLC Riverside, CA $239,850.00
Elecnor Belco Electric, Inc. Chino, CA $279,500.00
California Professional Engineering, Inc. La Puente, CA $304,000.00 Crosstown Electrical & Data, Inc. Irwindale, CA $323,745.00 Alfaro Communications Construction, Inc. Compton, CA $326,644.00 DBX, Inc. Temecula, CA $386,800.00
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City of Palm Desert
Traffic Signal Hardware Upgrades

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Econolite Systems, Inc., submitted the lowest responsive bid. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. References were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

The Project is included in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Measure A Account No. 2134250-5000906, with a total budget of $800,000.

Therefore, awarding this contract has no financial impact to the General Fund.

ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Contractor’s Proposal

4. Vicinity Map
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CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. C47630, is made and entered into this 22nd day of August, 2024, by and between City of Palm Desert, a Charter City and 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, sometimes hereinafter called the “City” and Econolite Systems, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
2024-25 TRAFFIC SIGNAL HARDWARE UPGRADES
MTS00003

REPLACE AND REWIRE TRAFFIC EQUIPMENT AT NINE SIGNALIZED INTERSECTIONS Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 427
53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 428
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of 429
them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees 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. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.

6. Pollution Liability Insurance. [Reserved.]

7. Builder’s Risk Insurance. [Reserved.]
C.Other Provisions or Requirements

1. 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.

2. 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, its agents, representatives, employees or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
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3. 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 self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, 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 Contract.

6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

7. 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, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. 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.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or 432
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.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to 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.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, 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.

15. City’s Right to Revise Requirements. 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 substantial additional 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.
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16. 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.

17. 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 Contract, and that involve or may involve coverage under any of the required liability policies.

18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

19. 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.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year 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
ECONOLITE SYSTEMS, INC.

By:

Its: Vice President
Printed Name: Christopher
Flores
By:

Its: Operations
Manager
Printed Name: Patrick
Showalter
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
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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
436
Contract No. C47630
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Econolite Systems, Inc., (hereinafter referred to as the “Contractor”) an agreement for 2024-25 Traffic Signal Hardware Upgrades Project MTS00003 (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 22, 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, Econolite Systems, 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 sum of Two Hundred and Eleven Thousand, Four Hundred and Eightyseven Dollars and Seventy-five Cents, ($211,487.75), 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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Contract No. C47630
(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]
438
Contract No. C47630
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.
439
Contract No. C47630
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
440
Contract No. C47630
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
441
Contract No. C47630

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed August 22, 2024, has awarded to Econolite Systems, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
2024-25 Traffic Signal Hardware Upgrades Project MTS00003 (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 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 sum of Two Hundred and Eleven Thousand, Four Hundred and Eighty-seven Dollars and Seventy-five Cents, ($211,487.75) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 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 442
Contract No. C47630
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]
443
Contract No. C47630
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.
444
Contract No. C47630
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
445
Contract No. C47630
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
446
Econolite Systems, Inc. Response

CONTACT INFORMATION

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
To 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.

1. In response to the Contract Documents for project number MTS00003 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.

6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or
Company
Econolite Systems, Inc.

Email
[email protected]
Contact
Dana McCombs
Address
1250 N. Tustin Avenue
Anaheim, CA 92807
Phone
(714) 575-5688
Website
www.econolite.com
Submission Date
Jul 1, 2024 2:38 PM
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447

2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.  Confirmed

2. BID SCHEDULE*
IMPORTANT:

THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work.

If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

I certify that I have read, understood the above statement.  Confirmed

3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.

E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond)

4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.

Bond ID: SCA0611294076
Vendor ID: 270206675
 Verify Bid Bond

5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website.

Fidelity and Deposit Company of Maryland, Zurich American Insurance Company Click to Verify Value will be copied to clipboard

6. DESIGNATION OF SUBCONTRACTORS*
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Please download the below documents, complete, and upload.  DESIGNATION_OF_SUBCONTRACTORS.docx
 DESIGNATION_OF_SUBCONTRACTORS_(Econolite).pdf

7. 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.

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

8. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.  Confirmed

9. 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. 1000052909
Click to Verify Value will be copied to clipboard

10. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 969067
Click to Verify Value will be copied to clipboard

11. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* Pass Fail
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I am aware of the provisions of section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this Contract.  Confirmed

12. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

13. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.  CARB_Fleet_Compliance_Certification_Letter.pdf

14. Type of Business*
C Corporation (if corporation, two signatures are required)

15. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.

Econolite Systems, Inc.

Click to Verify Value will be copied to clipboard

16. How many years has Bidder’s organization been in business as a Contractor? * 22 17. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)

1. Full Name

2. Title

3. Physical Business Address

4. Email Address

5. Phone Number
Christopher Flores
Regional Vice President
1250 N. Tustin Ave, Anaheim, CA 92807
[email protected]
(714) 575- 5619

18. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class.

For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification.

By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.

Failure to comply may result in termination of any agreement entered into with the vendor.  Confirmed
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PRICE TABLES
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Signal rewiring and other
improvements at
intersection of Country
Club Drive and
Suncrest/Regent
1 LS $20,570.67 $20,570.67
2 Signal rewiring and other
improvements at
intersection of Country
Club Drive and Liberty
Drive/Resorter Boulevard
1 LS $39,732.67 $39,732.67
3 Signal rewiring and other
improvements at
intersection of Fred
Waring Drive and
Monterey Avenue
1 LS $17,662.21 $17,662.21
4 Signal rewiring and other
improvements at
intersection of Hovley
Lane East and Beacon
Hill/Largo
1 LS $13,610.41 $13,610.41
5 Signal rewiring and other
improvements at
intersection of Hovley
Lane East and Corporate
Way
1 LS $28,474.17 $28,474.17
6 Signal rewiring and other
improvements at
intersection of Hovley
Lane East and Indian
Ridge Drive/Casbah Way
1 LS $30,654.16 $30,654.16
7 Signal rewiring and other
improvements at
intersection of Highway
111 and Town Center
Way/El Paseo
1 LS $23,912.53 $23,912.53
8 Signal rewiring and other
improvements at
intersection of Monterey
Avenue and Shadow
Ridge Road
1 LS $16,648.59 $16,648.59
9 Signal rewiring and other
improvements at
intersection of Monterey
Avenue and Hanh (Town
Center Way)/San
Gorgonio Way
1 LS $20,222.34 $20,222.34
Total $211,487.75
451
452
Traffic Signal Modifications and Hardware Upgrades - Vicinity Map Esri, NASA, NGA, USGS, FEMA, City of Palm Desert, County of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, City Boundary
Intersection for Improvement
7/24/2024
0 0.5 1 2 mi
0 1 2 4 km
1:96,311
453
454

Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Richard D. Cannone, AICP, Director of Development Services SUBJECT: RESOLUTION AMENDING THE PET REIMBURSEMENT POLICY TO

INCLUDE MICROCHIPPING AND INCREASE THE REIMBURSEMENT

AMOUNT FOR SPAYING AND NEUTERING
RECOMMENDATION:

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT.”
BACKGROUND/ANALYSIS:

In September 2010, the City Council authorized the reimbursement of pet adoption fees for adoptions from the Riverside County Department of Animal Services (RCDAS). In July 2014, the City Council approved a change to offer subsidies of up to $50 for spay/neuter surgeries for dogs and cats and $25 for annual vaccinations. In January 2019, the City Council expanded the reimbursement of pet adoption fees to also include non-profit organizations.

At the March 28, 2024, City Council Study Session, staff recommended that microchipping be added as a reimbursable fee at a cost of $21 to further reduce the number of animals being brought to the shelter. Staff also recommend increasing the spay and neutering reimbursement amounts to $100 for cats and $150 for dogs. The consensus of the City Council at that study session was to move forward with the staff’s recommendations.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

The City Council approved $10,000 for this purpose in the Fiscal Year 2024-25 Annual Budget in account 1104230-4388400.

ATTACHMENT:

1. Draft Resolution
455
456
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, AMENDING THE PET REIMBURSEMENT

POLICY FOR THE CITY OF PALM DESERT
WHEREAS, in September 2010, the City Council of the City of Palm Desert established a policy to authorize reimbursement of pet adoption fees for adoptions from the Riverside County Department of Animal Services; and WHEREAS, in July 2014, the City Council expanded the policy to include reimbursement for spaying, neutering, and vaccinations; and WHEREAS, in January 2019, the City Council January authorized reimbursement of pet adoption fees to also include nonprofit organizations with offices in the city; and WHEREAS, the City Council seeks to amend the pet reimbursement policy to increase the reimbursement amounts for spaying and neutering and include reimbursements for microchipping to further assist in reducing the number of animals in the animal shelter.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows:

SECTION 1. That the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. The Pet Reimbursement Policy is included on Exhibit "A" of this resolution.

ADOPTED ON this 22nd day of August, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
457
Resolution No. 2024- ____
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on ____________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________, 2024. _________________
ANTHONY J. MEJIA

CITY CLERK
458
Resolution No. 2024- ____
Exhibit A
Pet Reimbursement Policy
A. Animal Adoptions
Residents seeking reimbursement for Pet Adoptions are required to submit the following information to the Development Services Department:

1. Proof of residency within the City of Palm Desert by presenting one of the following options:
a. Utility bill and property tax bill with the resident’s city address, or b. Rental or lease agreement and a utility bill with the resident’s city address.

2. Receipt showing payment for pet adoption from one of the following sources:
a. Coachella Valley Animal Campus, or
b. Nonprofit 501(c)(3) organizations with offices located within the city.

3. Terms and Conditions:
a. Nonprofit organizations must meet the IRS criteria to be classified as nonprofit and may be required to provide proof of current tax-exempt status pursuant to 26 U.S.C. § 501.

4. Reimbursement rates shall be commensurate with the approved Riverside County fee schedule for adoptions.

B. Vaccinations, Spay/Neutering, and Microchipping
Residents seeking reimbursement for vaccinations, spaying/neutering, and microchipping are required to submit the following information to the Development Services Department:

1. Proof of residency within the City of Palm Desert by presenting one of the following:
a. Utility bill and property tax bill with the resident’s city address, or b. Rental or lease agreement and a utility bill with the resident’s city address.

2. Receipt showing payment for the vaccinations, spaying/neutering, and/or microchipping from the last 60 days.

3. Proof of the current license (dogs only)

4. Reimbursements are available for up to four animals per household per year.

Reimbursements shall be as follows:
a. Vaccinations
i. Reimbursable amount: up to $25
ii. Eligible Vaccinations:
1) Dogs: Rabies, DA2PD, DA2PP/4 in 1 (Distemper, Adenovirus/ Hepatitis, Parainfluenza), DHPP (Distemper, Hepatitis,
Parainfluenza, Parvo) and Bordetella, and all boosters for the above vaccinations.
2) Cats: Rabies, FVRCP (Feline Viral Rhinotracheitis, Calicivirus, and Panleukopenia), FELV (Feline Leukemia), and all boosters for the above vaccinations.
b. Microchipping
i. Reimbursable amount: up to $21
c. Spay or Neuter
i. Reimbursable amount: up to $100 for cats, and up to $150 for dogs. 459
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: ACCEPT CONTRACT NO. C46270 FOR CONSTRUCTION OF THE PALM

DESERT AQUATIC CENTER AND FREEDOM PARK SHADE

IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK

TO FILE THE NOTICE OF COMPLETION
RECOMMENDATION:

1. Accept Contract No. C46270 with USA Shade and Fabric Structures (USA Shade) for the Palm Desert Aquatic Center and Freedom Park Shade Improvements Project as complete.

2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.

BACKGROUND/ANALYSIS:

On September 14, 2023, the City Council awarded Contract No. C46270 to USA Shade and Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park. The contract amount was $784,485.27, with an additional contingency of $150,000, bringing the total budget cost to $934,485.27.

The shade cloths at Freedom Park were replaced in January 2024. Construction for the Palm Desert Aquatic Center shades commenced on September 27, 2023. During the project at the Palm Desert Aquatic Center, several underground utilities were discovered, necessitating engineering to spread footings and additional materials. City staff submitted Change Order No. 1 in the amount of $12,259. The revised total for the contract, including the Change Order totaled $796,744.27.

On July 14, 2024, staff inspected the completed work and confirmed it met all contract requirements.

Legal Review:

This report has been reviewed by the City Attorney’s office FINANCIAL IMPACT:

The unused contingency funds of $131,741.00 will be returned to the Capital Projects Fund Balance for reallocation.

ATTACHMENTS:

1. Notice of Completion

2. Vicinity Map USA Shade and Fabric
Structures (USA Shade)
Total Contract Contingency
9/14/23 Approval $784,485.27 $150,000.00
C/O 1 $12,259.00 ($12,259.00)
Completed Contract $796,744.27 $137,741.00
461
462
To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.

APN 622-250-015 & NOTICE OF COMPLETION
APN 626-140-062 (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.

2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph.

3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.

4. That on the 12th day of July 2024 work of improvement described as the Aquatic Center and Freedom Park Shade Structure Project, Contract No. C46270, on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: USA Shade & Fabric Structures (USA Shade).

6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Palm Desert Aquatic Center located off Magnesia Falls Drive in Palm Desert, California, 92260 and Freedom Park located off Country Club Drive in Palm Desert, California, 92211.

CITY OF PALM DESERT

A MUNICIPAL CORPORATION
Date: By:

Karina Quintanilla, Mayor

When recorded, return to:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
463
464

HOVLEY LN E

PORTOLA AVE

OUNTRY CLUB DR

COOK ST

COUNTRY CLUB DR

HOVLEY LN E

COOK ST

A FALLS DRSAN PABLO AVE

ELDORADO DR

HOVLEY LN E

OASIS CLUB DR

COUNTRY C

FRANK SINATRA DR

ELDORADO DR

TAMARISK ROW DR

COOK ST

FRANK SINATRA DR

PORTOLA AVE

PORTOLA A

COOK ST

GERALD FORD DR

HOVLEY LN W

PORTOLA AVE

FRED WARING DR WARNER TRL

FRED WARING DR
HWY 111

EL PASEO

DEEP CANYON RD

COOK ST

FAIRWAY DR

OUNTAIN DR

PORTOLA AVE

ELDORADO DR

VARNER RD

MILES AVE
Copyright nearmap 2015
Shade Improvement at the Palm Desert Aquatic Center
and Freedom Park
Project # MFA00022 I
Palm Desert
Aquatic Center
APN: 622250014

VICINITY MAP
Freedom Park
APN: 626140062
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: REDUCTION OF THE SUBDIVISION FAITHFUL PERFORMANCE BOND,

AND RELEASE OF THE SURVEY MONUMENTS BOND, AND THE
ROUGH GRADING BOND FOR TRACT MAP NO. 37506-2, UNIVERSITY

PARK PHASE II
RECOMMENDATION:

1. Authorize the City Engineer to reduce Subdivision Faithful Performance Bond No. 800134560 for Tract Map No. 37506-2 to $1,462,430.

2. Authorize the City Engineer to release Survey Monuments Bond No. 800134560 for Tract Map No. 37506-2.

3. Authorize the City Engineer to release Grading Bond No. 800134559 for Tract Map No. 37506-2.

BACKGROUND/ANALYSIS:

On November 20, 2018, the Planning Commission approved Tentative Tract Map 37506 by Resolution No. 2745, a request by University Park Investor, LLC, of Danville, California, to develop a 174+ acre master planned subdivision located near the southeast corner of the intersection of Gerald Ford Drive and Portola Avenue. Attachment 1 of this report provides a vicinity exhibit showing the location of the Tract. Tract Map No. 37506-2 is Phase 2 of this project, which includes ten public streets, two public parks, and 169 single-family lots. On September 15, 2022, the City Council adopted Resolution No. 2022-79 approving Final Tract Map No. 37506-2 and subdivision improvement agreements with University Park Investor, LLC (“subdivider”).

A bond in the amount of $2,331,546 for subdivision improvement performance was submitted for public improvements, inclusive of public street, sidewalk, and storm drain improvements at the time of final tract map approval (Bond No. 800134560). A separate survey monuments bond was submitted in the amount of $51,000 (Bond No. 800134564). A grading bond was submitted in the amount of $2,051,664.40 (Bond No. 800134559).

The subdivider has made a request to reduce the Faithful Performance Bond ($2,331,546) in accordance with the terms and requirements of the subdivision improvement agreement. City staff have verified that the request is reasonable as the improvements have been partially completed in accordance with the approved plans, and the remaining portion of the improvements have been documented in a list provided to the subdivider. The remaining value of the uncompleted improvements and Performance Bond amount is $1,462,430. The reduced bond amount generally includes a 50% retention for completed improvements, 100% retention for improvements which are not completed, and a 20% contingency. The partial release, or reduction, of the Subdivision Performance Bond is not an acceptance of the complete 467
City of Palm Desert
TR 37506-2 – University Park Phase II Bond Reduction and Bond Release

Page 2 of 2 ends

improvements, and the obligation to maintain the improvements remains the sole responsibility of the subdivider until all required improvements, including but not limited to public improvements, have been accepted by the City Council.

At the time of final map approval, a survey monuments bond was submitted in the amount of $51,000. The monuments for the tract were inspected and confirmed to be set accordingly. The survey monuments bond will be released in its full amount.

At the time of final map approval, a grading bond was submitted for rough grading. The rough grading for the project is now complete. The grading bond will be released in its full amount ($2,051,664.40). The project will continue construction through precise grading. Development Services retains a cash deposit in the amount of $92,640 for fugitive dust control (PM10).

City staff recommends that the City Council authorize the City Engineer to release of the Grading Bond and the Survey Monument Bond in their entirety and reduce the Faithful Performance Bond to $1,462,430.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

There is no direct financial impact to the General Fund with this action. The subdivider, or successor in interest, must return to City Council to request the acceptance of all improvements and the release of the remaining bonds when all improvements have been completed. Once the public streets and storm drains are completed and accepted, their long-term maintenance will be the responsibility of the City of Palm Desert. The estimated cost of street maintenance per year for this tract is $94,833. This cost includes street sweeping, asphalt repairs, and asphalt maintenance, including overlay and slurry.

ATTACHMENTS:

1. Vicinity Map

2. Subdivision Faithful Performance Bond

3. Survey Monuments Bond

4. Grading Bond
468
Attachment 1
TR 37506-2 - Vicinity Map
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472
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476
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Neal Ennis, Project Manager
SUBJECT: AWARD CONTRACT C47860 TO ALL AMERICAN ASPHALT FOR THE

HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS
PROJECT, PROJECT NO. CST00006
RECOMMENDATION:

1. Award a Contract C47860 with All American Asphalt, of Corona, CA, in the amount of $551,177, plus a 10% contingency, for the Haystack Road Traffic Calming and Safety Improvements Project, Project No. CST00006.

2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.

3. Authorize the City Manager to execute the agreement and any written requests for change orders up to contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion.

BACKGROUND/ANALYSIS:
 In May 2021, the City Council approved amendments one and two of Contract C37870A with KOA Corporation to include professional engineering services for the Haystack Road Traffic Calming and Safety Improvements Project.
 Community engagement meetings were held with residents and cyclists to provide preferences and guidance related to the project.
o Community engagement meeting #1 – May 2021
o Community engagement meeting #2 – July 2021
o Community engagement meeting #3 – October 2021
o Community engagement meeting #4 – October 2023
 The consistent feedback regarding cyclist safety prompted a redesign to better serve the community and increase anticipated safety and use.
 The project was scaled back from Class IV bike lane design, which included dedicated separated bike lanes, to an improved Class II painted buffered bike lane design. This project includes asphalt slurry seal of Haystack Road, as well as ADA improvements and crosswalks at intersections along Haystack Road.

Request for Bids:

The project was advertised for proposals through the City’s bid management portal, OpenGov, and on July 26, 2024, two proposals were received electronically. 503
City of Palm Desert
Award Contract C47860 with All American Asphalt for Project No. CST00006

Page 2 of 2 ends

Contractor Location Bid Amount
All American Asphalt Corona, CA $551,177.00
Pavement Coatings Co. Jurupa Valley, CA $620,724.55
The engineer’s estimate for the construction of this project is $653,000. Staff reviewed the bids received and determined that All American Asphalt submitted the lowest responsive bid. All American Asphalt has performed well for the City on previous projects. Staff recommends awarding the contract to All American Asphalt in an amount not to exceed of $551,177.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Funds for this project were included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 under the Measure A Fund Account No. 2134565-5000909. There is no financial impact to the General Fund from this action.

Project - CST00006
Haystack Road Traffic Calming
Measure A Approved FY
2024-25 Budget
Project
Expenditures
Funding Source 2134565-5000909 $2,034,665
Plan Review $1,625
Engineering/Design $329,020
Materials and Supplies $24,669
Construction $551,177
Construction Management $206,930
Contingency $55,117
Remaining Project Budget $866,127
ATTACHMENTS:

1. All American Asphalt Proposal

2. Construction Contract C47860

3. Payment and Performance Bonds
504
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260

EVALUATION TABULATION
IFB No. CST00006
Haystack Road Curb Ramps & Class II Bikeway
RESPONSE DEADLINE: July 26, 2024 at 10:00 am
Report Generated: Thursday, August 1, 2024

SELECTED VENDOR TOTALS
Vendor Total
All American Asphalt $551,177.00
Pavement Coatings Co. $620,724.55
TABLE 1
All American Asphalt Pavement Coatings Co.

Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total
X 1 Mobilization and Demobilization 1 LS $19,500.90 $19,500.90 $60,000.00 $60,000.00 X 2 Construction Schedule 1 LS $1,600.00 $1,600.00 $2,500.00 $2,500.00 X 3 Contractor Staking 1 LS $26,500.00 $26,500.00 $27,000.00 $27,000.00 X 4 Temporary Traffic Control 1 LS $30,000.00 $30,000.00 $72,000.00 $72,000.00 X 5 Erosion Control 1 LS $5,000.00 $5,000.00 $2,000.00 $2,000.00 X 6 SWPP/Environmental Protection Plan 1 LS $5,000.00 $5,000.00 $1,000.00 $1,000.00 X 7 Remove Existing AC Pavement and Base 394 SF $8.00 $3,152.00 $12.25 $4,826.50 505

EVALUATION TABULATION
IFB No. CST00006
Haystack Road Curb Ramps & Class II Bikeway

EVALUATION TABULATION
PUBLIC WORKS - Haystack Road Curb Ramps & Class II Bikeway

Page 2 ends

All American Asphalt Pavement Coatings Co.

Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total
X 8 Clearing and Grubbing 1 LS $31,500.00 $31,500.00 $25,000.00 $25,000.00 X 9 Remove Existing PCC Sidewalk 1529 SF $4.00 $6,116.00 $5.15 $7,874.35 X 10 Asphalt Concrete 10 TONS $1,250.00 $12,500.00 $410.00 $4,100.00 X 11 Slurry Seal 389977 SF $0.30 $116,993.10 $0.26 $101,394.02 X 13 PCC Curb Ramp with Detectable Waring Surface 8 EA $5,650.00 $45,200.00 $9,250.00 $74,000.00 X 14 PCC Sidewalk 804 SF $15.00 $12,060.00 $12.30 $9,889.20 X 15 6" Curb Type 1 307 LF $50.00 $15,350.00 $56.65 $17,391.55 X 16 12" Curb Type 1 24 LF $45.00 $1,080.00 $87.50 $2,100.00 X 17 Cross Gutter and Spandrel 2680 SF $25.00 $67,000.00 $24.70 $66,196.00 X 18 Sign Post 6 EA $500.00 $3,000.00 $386.00 $2,316.00 X 19 Sign Panel 20 EA $300.00 $6,000.00 $200.00 $4,000.00 X 20 6" White Roadway Markings (Paint) 36302 LF $1.00 $36,302.00 $0.78 $28,315.56 X 21 8" White Roadway Markings (Paint) 2614 LF $1.00 $2,614.00 $4.59 $11,998.26 X 22 12" White Roadway Markings (Paint) 145 LF $5.00 $725.00 $6.05 $877.25 X 23 6" Yellow Roadway markings (Paint) 10402 LF $1.00 $10,402.00 $0.80 $8,321.60 X 24 8" Yellow Roadway Markings (Paint) 54 LF $5.00 $270.00 $1.48 $79.92 506

EVALUATION TABULATION
IFB No. CST00006
Haystack Road Curb Ramps & Class II Bikeway

EVALUATION TABULATION
PUBLIC WORKS - Haystack Road Curb Ramps & Class II Bikeway

Page 3 ends

All American Asphalt Pavement Coatings Co.

Selected Line
Item
Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total
X 25 Bike and Golf Cart Symbol 23 EA $2,300.00 $52,900.00 $1,632.00 $37,536.00 X 26 High Visibility Bike Lane Extension Green (Thermoplastic) 216 SF $29.00 $6,264.00 $12.50 $2,700.00 X 27 Ladder Crosswalk (Paint) 2427 SF $3.00 $7,281.00 $6.12 $14,853.24 X 28 Pavement Markings Words and Symbols (Paint) 1039 SF $5.00 $5,195.00 $8.10 $8,415.90 X 29 Raised Pavement Markers 612 EA $6.00 $3,672.00 $6.60 $4,039.20 X 30 Pavement Markings Removal 1 LS $18,000.00 $18,000.00 $20,000.00 $20,000.00 Total $551,177.00 $620,724.55
507
508
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 22nd day of August, 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, (“City”) and All American Asphalt, a Corporation, with its principal place of business at P.O. Box 2229, Corona, CA 92878 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

Haystack Road Traffic Calming and Safety Improvements
Project No. CST00006
(hereinafter referred to as “the Project”).

Haystack Road Curb Ramps & Class II Bikeway Project:

Install Class II Bike Lanes and Other Striping Improvements on Haystack Road.

The Scope of work consists of demolition and removal of existing improvements, base, roadway markings, etc. needed to perform the work shown on the plans, preparation of existing subgrade, placement of erosion control measures, construction of new pavement and curb, application of street striping, markings, crosswalks and bike paths, installation of traffic signs.

Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred, Fifty-One Thousand, One Hundred, Seventy-Seven Dollars ($551,177.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. 509
Contract No. ___________
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BBK 72500.00001\32374943.1
ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
510
Contract No. ___________
3 Revised 01-2024
BBK 72500.00001\32374943.1
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE.

A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 511
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4 Revised 01-2024
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(d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, 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. The only limitations on this provision shall be those imposed by Civil Code section 2782.

B. Insurance

1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

6. 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.

C.Other Provisions or Requirements

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The 513
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6 Revised 01-2024
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City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, 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 Contract.

7. 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, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any 514
Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374943.1
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.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
516
Contract No. ___________
9 Revised 01-2024
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND ALL AMERICAN ASPHALT
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:

Isra Shah
Best Best & Krieger LLP
City Attorney

ALL AMERICAN ASPHALT, A

CORPORATION
By:

Its:

Vice President
Printed Name:

Edward J. Carlson
By:

Its:

Secretary
Printed Name:

Michael Farkas
CLSB#267073 Class A – General Engineering
Contractor’s License Number and
Classification
DIR#1000001051
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
517
518
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to All American Asphalt, (hereinafter referred to as the “Contractor”) an agreement for Haystack Road Curb Ramps & Class II Bikeway (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, All American Asphalt, 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 sum of Five Hundred, Fifty-One Thousand, One Hundred, SeventySeven Dollars, ($551,177.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
519
Contract No. ___________
(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.

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]
520
Contract No. ___________
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.
521
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
522
Contract No. ___________
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
523
Contract No. ___________

Haystack Road Curb Ramps & Class II Bikeway Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 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 sum of Five Hundred, Fifty-One Thousand, One Hundred, Seventy-Seven Dollars, ($551,177.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 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 524
Contract No. ___________
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]
525
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
526
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
527
Contract No. ___________
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
528

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Neal Ennis, Project Manager
REQUEST: AWARD CONTRACT C47830 TO GRANITE CONSTRUCTION COMPANY FOR THE PD LINK PHASE 2 PROJECT, PROJECT NO. CST00005
RECOMMENDATION:

1. Award Contract C47830 with Granite Construction Company of Indio, CA, in the amount of $1,166,000, plus a 10% contingency, for the PD Link Phase 2 Project, Project No. CST00005.

2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.

3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.

4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory project completion.

BACKGROUND/ANALYSIS:
 In May 2020, the City Council awarded Contract C37870A to KOA Corporation for professional engineering services associated with PD Link Phase 2 Project.  Community engagement meetings were held with residents and cyclists to provide preferences and guidance related to the project.
o Community engagement meeting #1 – October 2020
o Community engagement meeting #2 – October 2020
o Community engagement meeting #3 – March 2021
o Study Session – December 2023
 The consistent feedback regarding cyclist safety prompted a redesign to better serve the community and increase anticipated safety and use.
 The project was scaled back from Class IV bike lane design, which included dedicated separated bike lanes, to an improved Class II painted buffered bike lane design.

Request for Bids
The project was advertised for proposals through the City’s bid management portal, OpenGov, and on July 19, 2024, one proposal was received electronically.

Contractor Location Bid Amount
Granite Construction Company Indio, CA $1,166,000
Granite Construction Company was the sole vendor to submit a responsive bid. Staff reviewed the documents submitted and confirmed that the bid was satisfactory and responsive. Granite 529
City of Palm Desert
Award Contract C47830 with Granite Construction Company for Project No. CST00005

Page 2 of 2 ends

Construction Company is a preferred vendor for the City and has performed satisfactorily on previous City projects. Granite Construction Company’s pricing was within the engineers estimate. Additionally, the reduced design efforts of the project have reduced planned costs of implementation by $1,377,000. Staff recommends awarding the contract to Granite Construction Company in an amount not to exceed of $1,166,000.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Funds for this project were included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2024-25 under the Measure A Fund Account No. 2134670-5000202. There is no financial impact to the General Fund from this action.

Project - CST00005
PD Link Phase 2
Measure A Approved
Budget
Project
Expenditures
Funding Source 2134670-5000202 $3,605,000
Engineering/Design $140,640
Construction $1,166,000
Construction Management $200,000
Contingency $116,600
Remaining Project Budget $1,981,760
ATTACHMENTS:

1. Granite Construction Company Proposal

2. Payment and Performance Bonds

3. Construction Contract C47830

4. PD Link Executive Summary
530
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260

EVALUATION TABULATION
IFB No. CST00005
PD Link Phase 2
RESPONSE DEADLINE: July 19, 2024 at 10:00 am
Report Generated: Thursday, August 1, 2024

SELECTED VENDOR TOTALS
Vendor Total
Granite Construction
Company
$1,166,000.00
TABLE 1
Granite Construction
Company
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
X 1 Mobilization 1 LS $105,000.00 $105,000.00
X 2 Traffic Control 1 LS $95,550.00 $95,550.00
X 3 Erosion Control 1 LS $57,000.00 $57,000.00
X 4 Demo/ Unclassified Excavation 3 CY $200.00 $600.00
X 5 Remove PCC Curb and Gutter 287 CY $200.00 $57,400.00 X 6 Remove Existing Striping and Pavement Markings 1 LS $26,000.00 $26,000.00 X 7 Remove Concrete Sidewalk/Curb Ramp/Driveway 1 LS $95,000.00 $95,000.00 531

EVALUATION TABULATION
IFB No. CST00005
PD Link Phase 2

EVALUATION TABULATION
PUBLIC WORKS - PD Link Phase 2

Page 2 ends

Granite Construction
Company
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
X 8 Remove Asphalt Concrete Pavement and Base 987 SF $30.00 $29,610.00 X 9 Remove Sign & Post 2 EA $150.00 $300.00
X 10 Class II Aggregate Fill 200 TONS $150.00 $30,000.00 X 11 Construct 4" Asphalt Concrete Pavement 25 TONS $1,500.00 $37,500.00 X 12 Construct 8" PCC Curb and 24" Gutter 348 LF $59.00 $20,532.00 X 13 Unclassified Fill 1 LS $500.00 $500.00
X 14 Construct PCC Sidewalk 141 CY $620.00 $87,420.00
X 15 Construct 4" PCC Pavement 2550 SF $20.00 $51,000.00 X 16 Construct PCC Curb Ramp with Detectable Warning Surface 6 EA $7,500.00 $45,000.00 X 17 Construct Cross Gutter 1340 SF $19.00 $25,460.00
X 18 Traffic Signal Modification at Town Center Way and Hahn Rd 1 LS $123,950.00 $123,950.00 X 19 Traffic Signal Modification at Town Center and Hwy 111 (reset Bike Video Detection)
1 LS $3,500.00 $3,500.00
X 20 Install Rectangular Rapid Flashing Beacon 2 EA $11,000.00 $22,000.00 X 21 Install Pavement Markings 1 LS $39,000.00 $39,000.00 X 22 Install Ladder Crosswalk/ Bike Lane Extension 10634 SF $4.50 $47,853.00 532

EVALUATION TABULATION
IFB No. CST00005
PD Link Phase 2

EVALUATION TABULATION
PUBLIC WORKS - PD Link Phase 2

Page 3 ends

Granite Construction
Company
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total
X 23 Install Striping 26292 LF $1.65 $43,381.80
X 24 Install Bike and Golf Cart Symbols 1 LS $44,000.00 $44,000.00 X 25 Install Sign Post and Sign 80 EA $400.00 $32,000.00 X 26 Install Reflective Pavement Markers 530 EA $5.00 $2,650.00 X 27 Install Yield Line 1 LS $1,000.00 $1,000.00
X 28 Belson Outdoor Fixit Plus with Air Kit 4 3 EA $7,200.00 $21,600.00 X 29 Belson Outdoor Contemporary Loop Bike Rack Model 5805 3 EA $3,100.00 $9,300.00 X 30 Belson Outdoor Contemporary Loop Bike Rack Model 5809 3 EA $3,700.00 $11,100.00 X 31 CVWD Encroachment Permit and Inspection Process Allowance 1 LS $793.20 $793.20 Total $1,166,000.00
533
534
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Granite Construction Company, (hereinafter referred to as the “Contractor”) an agreement for PD LINK Phase 2 Project (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, GRANITE CONSTRUCTION COMPANY, 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 sum of One Million, One Hundred, Sixty-Six Thousand Dollars, ($1,166,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
535
Contract No. ___________
(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.

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]
536
Contract No. ___________
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.
537
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
538
Contract No. ___________
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
539
Contract No. ___________

PD LINK Phase 2 Project (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 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 sum of One Million, One Hundred, Sixty-Six Thousand Dollars, ($1,166,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 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 540
Contract No. ___________
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]
541
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
542
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
543
Contract No. ___________
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
544
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 22nd day of August, 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, (“City”) and Granite Construction Company, a Corporation, with its principal place of business at 585 West Beach Street, Watsonville, CA 95076 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

PD LINK Phase 2 Project
Project No. CST00005
(hereinafter referred to as “the Project”).

Demolition and removal of existing improvements, base, roadway markings needed to perform the work shown on the plans. Preparation of existing subgrade, placement of erosion control measures, construction of new pavement and curbs, application of street striping, markings, crosswalks, and bike paths, installation of traffic signs.

ARTICLE 2. TIME FOR COMPLETION.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, One Hundred, SixtySix Thousand Dollars ($1,166,00.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the PD Link Executive Summary.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s 545
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374943.1
actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 546
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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE.

A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to 547
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faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, 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. The only limitations on this provision shall be those imposed by Civil Code section 2782.

B. Insurance

4. 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, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
548
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A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

C.Other Provisions or Requirements

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, 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 Contract.

7. 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, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any 550
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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.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City, Coachella Valley Water District, and thier officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

ARTICLE 8. PREVAILING WAGES.

ARTICLE 9. FALSE CLAIMS.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND GRANITE CONSTRUCTION COMPANY
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:

Isra Shah
Best Best & Krieger LLP
City Attorney

GRANITE CONSTRUCTION COMPANY, A

CORPORATION
By:

Its: V.P. Desert Cities Region
Printed Name:

Bill Moore
By:

Its: Regional Chief Estimator
Printed Name:

Joseph P. Richardson
CSLB #89 Class A – General Engineering
Contractor’s License Number and
Classification
DIR #1000000085
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
553
554
City of Palm Desert
Finance Department
Veronica Chavez, Director of Finance
73-510 Fred Waring Drive, Palm Desert, CA 92260
(760) 346-0611

EXECUTIVE SUMMARY
PUBLIC WORKS - PD Link Phase 2

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EXECUTIVE SUMMARY
IFB No. CST00005
PD Link Phase 2
RESPONSE DEADLINE: July 19, 2024 at 10:00 am
Wednesday, August 14, 2024

SOLICITATION OVERVIEW
Project Title PD Link Phase 2
Project ID CST00005
Project Type PUBLIC WORKS
Release Date June 25, 2024
Due Date July 19, 2024
Procurement Agent Cristal Ortega
Project Description The City of Palm Desert, ("City") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PD Link Phase 2, Project No. CST00005 (the “Project”).

INTRODUCTION
Summary
The City of Palm Desert, ("City") invites and will receive sealed Bids for the furnishing of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PD Link Phase 2, Project No. CST00005 (the “Project”).

Background
The City is a charter city in the State of California. The City is a thriving community of approximately 50,000 full-time and 32,000 seasonal residents. It is located in the Coachella Valley in eastern Riverside County, part of the low desert region of Southern California. The City features big-city resources in a friendly, small-town setting, offering first class educational opportunities, safe and clean streets, as well as plentiful shopping and community events. Palm Desert is considered the geographical, educational and retail center of the Coachella Valley.
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EXECUTIVE SUMMARY
IFB No. CST00005
PD Link Phase 2

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Incorporated in 1973, the City operates under a council-manager form of government with a five-member City Council elected at large. Each council member serves a four-year term. The City Council meets on the second and fourth Thursdays of the month at Palm Desert City Hall, 73-510 Fred Waring Drive.

Contact Information
Project Contact:

Staci Kolbeck
Accounting Technician I
73510 Fred Waring Drive
Palm Desert, CA 92260
Email: [email protected]
Phone: (760) 776-6376
Procurement Contact:

Cristal Ortega
Management Analyst II
73510 Fred Waring Dr.

Palm Desert, CA 92260
Email: [email protected]
Phone: (760) 776-6327
Department:

CP - Capital Improvement Projects
Timeline
Release Project Date June 25, 2024
Pre-Proposal Meeting (Non-Mandatory) July 8, 2024, 1:00pm Public Works Conference Room 73-510 Fred
Waring Drive
Question Submission Deadline July 12, 2024, 5:00pm
Question Response Deadline July 16, 2024, 5:00pm
Proposal Submission Deadline July 19, 2024, 10:00am

SOLICITATION STATUS HISTORY
Date Changed To Changed By
Jun 18, 2024 11:20 AM Draft Neal Ennis
Jun 19, 2024 8:14 AM Review Neal Ennis
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PD Link Phase 2

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Date Changed To Changed By
Jun 19, 2024 8:35 AM Draft Cristal Ortega
Jun 21, 2024 9:24 AM Review Neal Ennis
Jun 25, 2024 8:08 AM Final Cristal Ortega
Jun 25, 2024 8:08 AM Post Pending Cristal Ortega
Jun 25, 2024 8:11 AM Open Cristal Ortega
Jul 19, 2024 10:00 AM Pending OpenGov Bot
Jul 30, 2024 11:34 AM Evaluation Neal Ennis
Jul 30, 2024 11:37 AM Award Pending Neal Ennis
Jul 31, 2024 1:38 PM Closed Neal Ennis

SELECTED VENDOR

VENDOR AWARDED BY THE EVALUATION PROCESS
Vendor Location
Granite Construction Company Indio, CA

PROPOSALS RECEIVED
Status Vendor Contact Info Submission Date
Submitted Granite Construction
Company
Joe Richardson
[email protected]
Jul 19, 2024 9:55 AM
No Bid Mariposa Landscapes, Inc. Larry Rudd
estimating@mariposaca.com
(626) 960-0196 Ext: 2730
Jul 10, 2024 12:14 PM

PRICING RESPONSES
TABLE 1
Granite Construction Company
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $105,000.00 $105,000.00
2 Traffic Control 1 LS $95,550.00 $95,550.00
3 Erosion Control 1 LS $57,000.00 $57,000.00
4 Demo/ Unclassified Excavation 3 CY $200.00 $600.00
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IFB No. CST00005
PD Link Phase 2

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Granite Construction Company
Line Item Description Quantity Unit of Measure Unit Cost Total 5 Remove PCC Curb and Gutter 287 CY $200.00 $57,400.00
6 Remove Existing Striping and Pavement
Markings
1 LS $26,000.00 $26,000.00
7 Remove Concrete Sidewalk/Curb
Ramp/Driveway
1 LS $95,000.00 $95,000.00
8 Remove Asphalt Concrete Pavement and Base 987 SF $30.00 $29,610.00 9 Remove Sign & Post 2 EA $150.00 $300.00
10 Class II Aggregate Fill 200 TONS $150.00 $30,000.00
11 Construct 4" Asphalt Concrete Pavement 25 TONS $1,500.00 $37,500.00 12 Construct 8" PCC Curb and 24" Gutter 348 LF $59.00 $20,532.00 13 Unclassified Fill 1 LS $500.00 $500.00
14 Construct PCC Sidewalk 141 CY $620.00 $87,420.00
15 Construct 4" PCC Pavement 2550 SF $20.00 $51,000.00
16 Construct PCC Curb Ramp with Detectable
Warning Surface
6 EA $7,500.00 $45,000.00
17 Construct Cross Gutter 1340 SF $19.00 $25,460.00
18 Traffic Signal Modification at Town Center Way
and Hahn Rd
1 LS $123,950.00 $123,950.00
19 Traffic Signal Modification at Town Center and
Hwy 111 (reset Bike Video Detection)
1 LS $3,500.00 $3,500.00
20 Install Rectangular Rapid Flashing Beacon 2 EA $11,000.00 $22,000.00 21 Install Pavement Markings 1 LS $39,000.00 $39,000.00 22 Install Ladder Crosswalk/ Bike Lane Extension 10634 SF $4.50 $47,853.00 23 Install Striping 26292 LF $1.65 $43,381.80
24 Install Bike and Golf Cart Symbols 1 LS $44,000.00 $44,000.00 25 Install Sign Post and Sign 80 EA $400.00 $32,000.00
26 Install Reflective Pavement Markers 530 EA $5.00 $2,650.00 27 Install Yield Line 1 LS $1,000.00 $1,000.00
28 Belson Outdoor Fixit Plus with Air Kit 4 3 EA $7,200.00 $21,600.00 558

EXECUTIVE SUMMARY
IFB No. CST00005
PD Link Phase 2

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Granite Construction Company
Line Item Description Quantity Unit of Measure Unit Cost Total 29 Belson Outdoor Contemporary Loop Bike Rack
Model 5805
3 EA $3,100.00 $9,300.00
30 Belson Outdoor Contemporary Loop Bike Rack
Model 5809
3 EA $3,700.00 $11,100.00
31 CVWD Encroachment Permit and Inspection
Process Allowance
1 LS $793.20 $793.20
Total $1,166,000.00

QUESTIONS AND ANSWERS
Approved, Unanswered Questions
Approved, Answers Provided

1. Liquidated damages and Project Duration
Jul 10, 2024 11:54 AM
Question: Where in the bid documents can they be located? Jul 10, 2024 11:54 AM
Answered by Neal Ennis: Attachments Tab - D - Sample- CONTRACT_FOR_CONSTRUCTION_&_BONDS - ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 250 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $ 1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
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IFB No. CST00005
PD Link Phase 2

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Jul 10, 2024 11:58 AM

ADDENDA & NOTICES
ADDENDA ISSUED:

No Addenda issued.

NOTICES ISSUED:

No Notices issued.

EVALUATION

SELECTED VENDOR TOTALS
Vendor Total
Granite Construction
Company
$1,166,000.00
TABLE 1
Granite Construction Company
Selected Line Item Description Quantity Unit of Measure Unit Cost Total X 1 Mobilization 1 LS $105,000.00 $105,000.00
X 2 Traffic Control 1 LS $95,550.00 $95,550.00
X 3 Erosion Control 1 LS $57,000.00 $57,000.00
X 4 Demo/ Unclassified
Excavation
3 CY $200.00 $600.00
X 5 Remove PCC Curb and Gutter 287 CY $200.00 $57,400.00 X 6 Remove Existing Striping and
Pavement Markings
1 LS $26,000.00 $26,000.00
X 7 Remove Concrete
Sidewalk/Curb
Ramp/Driveway
1 LS $95,000.00 $95,000.00
X 8 Remove Asphalt Concrete
Pavement and Base
987 SF $30.00 $29,610.00
X 9 Remove Sign & Post 2 EA $150.00 $300.00
X 10 Class II Aggregate Fill 200 TONS $150.00 $30,000.00 X 11 Construct 4" Asphalt
Concrete Pavement
25 TONS $1,500.00 $37,500.00
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EXECUTIVE SUMMARY
IFB No. CST00005
PD Link Phase 2

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Granite Construction Company
Selected Line Item Description Quantity Unit of Measure Unit Cost Total X 12 Construct 8" PCC Curb and
24" Gutter
348 LF $59.00 $20,532.00
X 13 Unclassified Fill 1 LS $500.00 $500.00
X 14 Construct PCC Sidewalk 141 CY $620.00 $87,420.00
X 15 Construct 4" PCC Pavement 2550 SF $20.00 $51,000.00 X 16 Construct PCC Curb Ramp
with Detectable Warning
Surface
6 EA $7,500.00 $45,000.00
X 17 Construct Cross Gutter 1340 SF $19.00 $25,460.00
X 18 Traffic Signal Modification at
Town Center Way and Hahn
Rd
1 LS $123,950.00 $123,950.00
X 19 Traffic Signal Modification at
Town Center and Hwy 111
(reset Bike Video Detection)
1 LS $3,500.00 $3,500.00
X 20 Install Rectangular Rapid
Flashing Beacon
2 EA $11,000.00 $22,000.00
X 21 Install Pavement Markings 1 LS $39,000.00 $39,000.00 X 22 Install Ladder Crosswalk/ Bike
Lane Extension
10634 SF $4.50 $47,853.00
X 23 Install Striping 26292 LF $1.65 $43,381.80
X 24 Install Bike and Golf Cart
Symbols
1 LS $44,000.00 $44,000.00
X 25 Install Sign Post and Sign 80 EA $400.00 $32,000.00 X 26 Install Reflective Pavement
Markers
530 EA $5.00 $2,650.00
X 27 Install Yield Line 1 LS $1,000.00 $1,000.00
X 28 Belson Outdoor Fixit Plus
with Air Kit 4
3 EA $7,200.00 $21,600.00
X 29 Belson Outdoor
Contemporary Loop Bike
Rack Model 5805
3 EA $3,100.00 $9,300.00
X 30 Belson Outdoor
Contemporary Loop Bike
Rack Model 5809
3 EA $3,700.00 $11,100.00
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EXECUTIVE SUMMARY
IFB No. CST00005
PD Link Phase 2

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Granite Construction Company
Selected Line Item Description Quantity Unit of Measure Unit Cost Total X 31 CVWD Encroachment Permit
and Inspection Process
Allowance
1 LS $793.20 $793.20
Total $1,166,000.00
562

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
SUBJECT: AWARD A CONTRACT FOR THE ON-CALL CITYWIDE ADA CURB RAMP

MODIFICATIONS AND SIDEWALK REPLACEMENT PROGRAM
(PROJECT NO. MST00013)
RECOMMENDATION:

1. Award a contract to We R Builders, Inc., for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program in an annual amount not to exceed $600,000, for a three-year term with the option of two one-year extensions.

2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.

3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and to review and approve written contract amendment requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.

BACKGROUND/ANALYSIS:

To maintain the safety and functionality of sidewalks and curb ramps, the City of Palm Desert (City) annually contracts for modification and replacement services, making it an essential part of infrastructure maintenance efforts.

As part of this commitment, on June 5, 2024, staff released a Request for Proposal (RFP) for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (Program). This includes all public sites in Palm Desert requiring Americans with Disabilities Act (ADA) improvements in the public right-of-way, including Desert Willow Golf Resort and the affordable housing properties under the Palm Desert Housing Authority. The Program focuses on modifying and repairing curb ramps to ensure ADA compliance and repairing and replacing damaged and non-compliant sections of sidewalks. While past services have been on a project basis, the City is opting for an on-call basis to provide greater flexibility and efficiency.

The City received two proposals by the deadline of June 27, 2024. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). The companies submitting proposals included:

Company Location
CT&T Concrete Paving, Inc. Diamond Bar, CA
We R Builders, Inc. Glendale, CA
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City of Palm Desert
ADA Improvements

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A Selection Committee comprising of three staff members from the Public Works Department reviewed the proposals. Following an evaluation, the Committee proposes awarding a contract to We R Builders, Inc., (Contractor) for on-call services.

The Contractor demonstrated conformance with the RFP by providing the content, including within the identified format, and itemized fee proposal showed on average 20% to 30% lower prices on items that compose most of the work required in accordance with the scope of work.

In addition to best overall pricing, the Contractor also displayed the required experience to further solidify the recommendation. Lastly, staff conducted a reference check and received commendable feedback on their past performance, including their responsiveness, work quality, and ease to work with from their client’s perspective.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

The approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25 includes an annual amount of $600,000 under various accounts for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program.

The table below lists the budget programmed for Fiscal Year 2024-25:

Project Account Budget
ADA Curb Ramp Modifications 1104312-4332000 $50,000
2134312-4400100 $100,000
Civic Center & Park Improvements 4004674-4400100 $150,000 Desert Willow 4414195-4809200 $150,000
El Paseo Parkway Improvements 2134310-4400100 $75,000
Housing Authority Replacement Expense 8714195-4331100 $75,000 Total: $600,000
Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore, there is no further financial impact to the general fund.

ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Proposal
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Contract No. ___________
1 CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 22nd day of August, 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, (“City”) and WE R BUILDERS, a Corporation, with its principal place of business at 3746 FOOTHILL BLVD, SUITE 304, GLENDALE, CA, 91214 ("Vendor").

The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

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.

The City is a public agency of the State of California and is in need of services for the following project:

On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program Project No. MTS00013
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 22, 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 Two (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 565
Contract No. ___________
2 means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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 BASSAM AL-BEITAWI, 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 NEZAR ALSMADI, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.

Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat 566
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3 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 subsubconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business 567
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4 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. (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 568
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5 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) Fidelity Coverage. [Reserved]
(F) Cyber Liability Insurance. [Reserved]
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. 569
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6 (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 self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to 570
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7 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 subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 571
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8 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 “C” 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 “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.
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9 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 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 573
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10 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 total compensation shall not exceed SIX HUNDRED THOUSAND Dollars ($600,000) per Fiscal Year 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.

3.3.2.1 Retainer. [Reserved]

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall 574
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11 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.

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. 575
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12 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: WE R BUILDERS, INC.
3746 FOOTHILL BOULEVARD, SUITE 304
GLENDALE, CA 91214
ATTN: NEZAR ALSMADI, PRESIDENT
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: BASSAM AL-BEITAWI, PUBLIC WORKS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement 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 576
Contract No. ___________
13 elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. 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.
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Contract No. ___________
14 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. [Reserved]
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Contract No. ___________

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND WE R BUILDERS, 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

WE R BUILDERS, A CORPORATION
By:

Its: President
Printed Name:

Nezar Alsmadi
By:

Its: Secretary
Printed Name:

Nezar Alsmadi
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
579
Exhibit “A”
EXHIBIT “A”

SCOPE OF SERVICES
580
Exhibit “A”
SCOPE OF SERVICES (CONT).
581
Contract No. ___________
Exhibit “B”
EXHIBIT “B”

SCHEDULE OF SERVICES
 Contractor shall perform services on an as-requested basis for the City of Palm Desert.  No work shall be initiated without a written request and approval from City of Palm Desert.  A meeting will be held with the Contractor to finalize the scope and cost of the project.  The Contractor will provide an estimated timeline for project milestones and completion.
 The Contractor shall perform all work within the time agreed upon with the City, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the contract documents.

The term of this Agreement shall be from August 22, 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 Two (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. 582
Contract No. ___________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
[SEE FOLLOWING PAGES]
583
584
Contract No.

Exhibit “C” Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to We R Builders, Inc., (hereinafter referred to as the “Contractor”) an agreement for On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, We R Builders, 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 Six Hundred Thousand Dollars ($600,000), 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.

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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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Contract No.
(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.

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.
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Contract No.

NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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
588
Contract No.

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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
589
Contract No.

On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 22, 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 Six Hundred Thousand Dollars, ($600,000) 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.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or 590
Contract No.
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]
591
Contract No.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
592
Contract No.

NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
593
Contract No.

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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
594
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — C O V E R L E T T E R —
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
To Whom This May Concern,
We, We R Builders, Inc., are pleased to submit our proposal for the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. Our company is dedicated to delivering high-quality construction services, with a particular focus on ADA compliance and public infrastructure improvements.

Our proposal outlines our qualifications, experience, and approach to successfully executing the scope of work detailed in the RFP. Our team is committed to providing exceptional service and ensuring the successful completion of this project in alignment with the City's standards and expectations.

Authorized Negotiator:

Nezar Alsmadi
President, Secretary & Treasurer
We R Builders, Inc.
3746 Foothill Blvd. #304
Glendale, CA 91214
Office: 714-874-5275
Cell: 714-423-3844
Email: [email protected]
We look forward to the opportunity to collaborate with the City of Palm Desert and contribute to enhancing its public infrastructure.

Sincerely,
Nezar Alsmadi
President, Secretary & Treasurer
We R Builders, Inc.

Nezar Alsmadi |
595
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — E X E C U T I V E S U M M A R Y —
We R Builders, Inc. is delighted to present our proposal for the referenced contract. With our longstanding commitment to quality and excellence in the construction industry, we are uniquely positioned to meet the challenges and requirements of this project.

COMPANY OVERVIEW:

We R Builders, Inc. has established itself as a leader in Concrete and Masonry Construction, as well as facilitating more sophisticated General Engineering & Building Projects. Our expertise extends across various sectors, encompassing Public Works and Private Works projects, making us a versatile and reliable choice for diverse construction needs.

PROPOSAL HIGHLIGHTS:
 SERVICES OFFERED: We R Builders, Inc. presents this Proposal acknowledging the understanding of the demands of this Contract. We R Builders utilizes state-of-the-art technology and methodologies to ensure project success.  PROJECT MANAGEMENT: Our approach to project management is centered around efficiency, communication, and quality control. We employ a systematic methodology to ensure projects are completed on time, within budget, and to the highest standards.
 HEALTH AND SAFETY: Adhering to strict health and safety standards is a cornerstone of our operations. We implement rigorous safety protocols and risk management strategies to ensure the wellbeing of all stakeholders.  PAST PERFORMANCE: We have a proven track record of successful projects, as evidenced by our portfolio and client references. Our past projects demonstrate our capability to handle complex and large-scale construction tasks.

CONCLUSION:

We R Builders, Inc. is fully committed to delivering exceptional quality services through this Contract. Our team is prepared to bring its expertise, resources, and dedication to ensure the success of this project. We are enthusiastic about the possibility of collaborating and establishing this working relationship.

Thank you for considering our proposal. We look forward to the opportunity to discuss this in further detail.

Sincerely,
We R Builders, Inc.

Office: (714) 423-3844 | E-Mail: [email protected] 596
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — C O M P A N Y I N F O R M A T I O N —
The provided information offers a comprehensive overview of the company's profile — COMPANY OVERVIEW:
 COMPANY: We R Builders, Inc.
 ENTITY TYPE: S-Corporation
 BUSINESS ADDRESS: 3746 Foothill Blvd. #304, Glendale, CA 91214  EMAIL: [email protected]
 OFFICE PHONE: (714) 874-5275
 POINT OF CONTACT: Nezar Alsmadi (President, Secretary & Treasurer)  NEZAR’S CELL PHONE: (714) 423-3844
PAST INCIDENTS:

In the past five years, there has been Zero (0) litigation/arbitration/mediation instance(s) involving our company.

We possess all necessary licenses and certifications to perform the services set forth in this Contract, with no claims or disciplinary actions taken against our company or key personnel within the past five years. 597
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — S E L E C T I V E W O R K E X P E R I E N C E —
Included herein is a curated selection of contracts recently completed by We R Builders, Inc., demonstrating our expertise and commitment to excellence. These examples reflect a portion of our extensive portfolio, underscoring our capability to deliver high-quality results in response to public solicitations.

Please Note: In the event that further references or detailed information on previously completed projects are needed, WRB is fully prepared to furnish these at your request. This is part of our commitment to ensuring full transparency and confidence in our qualifications for your project.
(1) CONTRACT NAME: Concrete, Masonry and Drainage Repair/Maintenance Master Agreement OWNER: Sierra Corporate Management, Inc.

CONTRACT VALUE: $1M | Completion Date: December 2022
CONTACT: Edmund Nisbet; (682) 215-9049; [email protected] DESCRIPTION OF WORK:

As the primary contractor, we have been entrusted with the maintenance and major projects requiring professional services across all facilities owned by the client in Southern California, including Orange County, Los Angeles County, Riverside County, and San Bernardino County. This responsibility encompasses a broad range of activities with stringent requirements to ensure the highest standards are met. Our work has involved both minor and major concrete and masonry repairs across various facilities. A critical aspect of our role includes coordinating with homeowners, ensuring a smooth and unobtrusive process while performing necessary upgrades and repairs. This has been particularly significant in community pool projects, where we have upgraded facilities to meet health and safety standards, enhancing the recreational experience for residents.

In addition to these tasks, we have focused on upgrading various community areas to ensure ADA compliance, making them accessible and safe for all users. A notable aspect of our work has been facilitating construction services to address and improve drainage infrastructures. Given the unique elevation challenges in communities along the mountains, our team has been instrumental in designing and implementing comprehensive new drainage systems. This includes the installation of necessary pumps, laying new piping, and adding catch basins to effectively manage water flow and prevent potential issues. Our commitment to meeting the specific needs of each community, particularly in challenging environments, demonstrates our capability to deliver tailored, high-quality solutions, ensuring every project not only meets but exceeds the expectations of our client and the community residents.
(2) CONTRACT NAME: Retaining Wall and Foundation System Replacement OWNER: Hollydale Estates
CONTRACT VALUE: $350K | Completion Date: December 2022
CONTACT: Edmund Nisbet; (682) 215-9049; [email protected] DESCRIPTION OF WORK:

The scope of work entailed replacing over 500 linear feet of failing retaining CMU block walls, accompanied by the installation of new foundational systems. This intricate task required a harmonized approach, blending technical skill with acute attention to resident coordination and safety. Effective communication with residents impacted by the construction was paramount. Our team diligently informed and collaborated with the community to minimize disruption, ensuring a smooth process throughout the project's duration. Emphasizing safety, we rigorously implemented measures to secure the worksite during operation and at the close of each workday, safeguarding both the public and the residents. Compliance with the specifications and requirements of local authorities was a critical aspect of our execution strategy. We engaged continuously with regulatory bodies, adhering strictly to their guidelines, particularly in aspects related to structural integrity and safety.

This meticulous adherence to regulatory standards was instrumental in the successful and compliant completion of the project, showcasing our commitment to quality, safety, and community cooperation.

NOTE: No claims against both parties for all projects below. 598
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — S E L E C T I V E W O R K E X P E R I E N C E —
(3) CONTRACT NAME: Community Pool Renovations & Upgrades OWNER: Solterra at Civic Center
CONTRACT VALUE: $300K | Completion Date: December 2021
CONTACT: Alex Segal; (949) 910-8031; [email protected] DESCRIPTION OF WORK:

Our construction company successfully completed the Community Pool Renovations & Upgrades project, which involved comprehensive enhancements to several community pools to meet and exceed current health and safety standards. A significant focus of this project was the extensive renovation of the concrete pool decks, where our team excelled in removing and replacing the existing structures to guarantee durability, compliance, and aesthetic appeal. Alongside the deck work, we undertook the replacement of coping, plaster, and advanced drainage systems, integrating new drain pumps where needed for superior water management. The project also encompassed updates to plumbing and electrical systems to ensure all components were modern and fully compliant with regulations. To further enhance safety and user experience, we installed new tile work, handrails, steps, and perimeter fencing, all chosen for their quality and longevity. Our efforts extended to the surrounding landscapes as well, with the repair and upgrade of irrigation systems to maintain the beauty and functionality of the pool areas. Through meticulous planning, execution, and collaboration with health and safety regulators, we transformed these community pools into modern, safe, and aesthetically pleasing recreational facilities. This project highlighted our expertise in concrete renovations and our commitment to delivering high-quality, community-focused construction solutions, solidifying our reputation as a leader in the industry.
(4) CONTRACT NAME: Citywide Pedestrian Crossing Improvements OWNER: City of Riverside¸ Department of Public Works
CONTRACT VALUE: $314K | Completion Date: March 2024
CONTACT: David Hatch; (951) 288-3632; [email protected] DESCRIPTION OF WORK:

Our construction firm proudly completed the Citywide Pedestrian Crossing Improvements project for the City of Riverside's Public Works Department, significantly enhancing pedestrian safety and accessibility across 14 key locations within the city. This comprehensive project, completed on time and within budget, involved the installation of ADA-compliant curb ramps, state-of-the-art flashing LED stop signs, and high-visibility crosswalks, all aimed at improving pedestrian visibility and ensuring safer navigation for both pedestrians and vehicles.

Through meticulous planning and execution, we employed stringent traffic control measures in line with CA MUTCD guidelines, ensuring minimal disruption during construction. Our proactive coordination with utility providers guaranteed uninterrupted services, while our dedication to environmental stewardship was demonstrated through our adherence to dust control measures and stormwater pollution prevention strategies.

The project's success was further assured by our commitment to quality assurance and materials control, ensuring the durability and effectiveness of the infrastructure improvements made. This project not only reflects our firm's expertise in managing and executing complex urban infrastructure projects but also underscores our commitment to enhancing community safety and accessibility, solidifying our reputation as a leader in the construction industry.
599
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — S E L E C T I V E W O R K E X P E R I E N C E —
(5) CONTRACT NAME: On-Call Related Services
OWNER: Eastern Municipal Water District
CONTRACT VALUE: $1.8M | Completion Date: 2023 (Extension – 5 Years) CONTACT: Haely Hernandez; (951) 928-3777 ext. 6231; [email protected] DESCRIPTION OF WORK:

This contract involves proficient management and coordination of the master contract with the owner, ensuring that all work is scheduled and executed effectively to align with the owner's requirements. Our approach is structured to maximize efficiency, often by bundling multiple location repairs to optimize resource use and response times.

The scope of work is diverse and includes concrete flat work such as sidewalks, curbs and gutters, cross-gutters, drive approaches, and ADA curb ramps, alongside more specialized tasks like fencing repairs, structural foundation repairs, CMU block wall repairs, and bespoke masonry and concrete work for unique situations.

Our team is adept at handling sophisticated scenarios, demonstrating flexibility and innovation in our solutions.

Crucial to our success is the seamless coordination and scheduling of work with other contractors involved in the project. We maintain open communication channels and collaborative relationships to ensure all activities are harmonized, minimizing disruption and facilitating a timely and successful completion of the project, in accordance with the owner's schedule and standards. Our focus is on delivering high-quality results while maintaining rigorous safety and quality controls throughout the project lifecycle. (6) CONTRACT NAME: On-Call Emergency Asphalt and PCC Restorations.

OWNER: City of Santa Ana, Public Works Department
CONTRACT VALUE: $3M (Work-Orders) | Completion Date: 2023 (Extension – 3 Years) CONTACT: Michelle Cabanas; (714) 647-5031; [email protected] DESCRIPTION OF WORK:

This contract focuses on comprehensive concrete restorations in public rights-of-way, covering essential elements such as Sidewalks, Curbs and Gutters, Cross-Gutters, Drive-Approaches, and ADA Curb Ramps. Our approach includes thorough inspections, precise removal of damaged concrete, and meticulous replacement ensuring seamless integration with existing infrastructure and full ADA compliance.

While the primary emphasis is on concrete work, brief attention is also given to necessary asphalt pavement restorations. We prioritize adherence to city standards and safety for the public, city personnel, and our staff, implementing stringent traffic and pedestrian control measures in line with the WATCH manual, and ensuring the use of all required Personal Protective Equipment (PPE). Our goal is to deliver high-quality, durable restorations with minimal public disruption, upholding the highest safety and quality standards. 600
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — O R G A N I Z A T I O N C H A R T —
President/Secretary/Treasurer Administration Operations Project Management & Supervision
Accounting & General
Administration
Safety Implementations
(PPEs; Traffic Control; etc.)
Construction & Direct Project
Obligations 601
We R Builders, Inc.
3746 Foothill Blvd, #304, Glendale, CA 91214
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L — C O M P A N Y P E R S O N N E L —
Our team is led by industry experts and consists of highly skilled professionals, both in the field and in management roles. Our onsite crews are composed of individuals who bring years of experience in their respective specialties, contributing significantly to the success of each project. These crews are led by seasoned management personnel who possess deep industry knowledge and a commitment to excellence.

Each member of our onsite team is selected for their expertise, work ethic, and ability to collaborate effectively.

This ensures not only the seamless execution of projects but also adherence to the highest standards of safety and quality. From skilled laborers and technicians to site supervisors and safety officers, every team member plays a crucial role in delivering the exceptional results that We R Builders, Inc. is known for.

This harmonious blend of onsite craftsmanship and offsite strategic management allows We R Builders, Inc. to tackle a wide range of construction projects with confidence and proficiency. Our team's synergy is the backbone of our success, enabling us to consistently exceed client expectations and build lasting relationships in the construction industry.

In response to the contract referenced, we are pleased to designate the following key personnel to oversee and ensure the successful execution of this project:
(1) PROJECT MANAGER: Nezar Alsmadi (Resume Attached)
(2) PROJECT SUPERINTENDENT: Elias Hermosillo (Resume Attached) (3) PROJECT/FIELD ENGINEER: Saed Elsaadi (Resume Attached) We have carefully selected each member of our team for this contract based on their specialized expertise, proven experience, and relevant certifications, ensuring their capability to successfully fulfill the project's requirements with excellence and precision.

Enclosed on the following pages are the detailed resumes of each key personnel as listed above, providing comprehensive insights into their qualifications and expertise. 602
Proposed Method to Accomplish the Work
Technical and Management Approach:

We R Builders, Inc. will employ a structured and systematic approach to accomplish the work outlined in the On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program. Our method involves careful planning, coordination, and execution to ensure compliance with ADA requirements and the City’s specifications. The following outlines our proposed method to accomplish the work:

1. Project Planning and Mobilization:
• Initial Site Assessment: Conduct thorough site assessments to identify the specific locations and scope of work required for ADA curb ramps, sidewalks, curbs and gutters, and drive approaches.
• Coordination with City Officials: Schedule meetings with City officials to discuss project details, timelines, and any specific requirements or constraints. • Mobilization: Mobilize necessary equipment, materials, and personnel to the project site. Ensure all safety protocols are in place and that the work area is secured and prepared for construction activities.

2. Traffic Control and Safety Measures:
• Traffic Control Plan: Develop and implement a comprehensive traffic control plan in accordance with CA MUTCD guidelines to ensure the safety of both workers and the public.

Install appropriate signage, barriers, and detours as needed. • Safety Protocols: Conduct safety briefings and ensure all personnel are equipped with the necessary personal protective equipment (PPE). Maintain a clean and safe work environment throughout the project duration.

3. Sawcut and Removal of Existing Concrete:
• Sawcutting: Utilize precision sawcutting equipment to accurately cut the existing concrete at designated locations for removal. Ensure clean and straight cuts to minimize damage to adjacent structures.
• Concrete Removal: Carefully remove the sawcut concrete sections, including existing sidewalks, curbs, gutters, and drive approaches. Dispose of all debris in accordance with environmental regulations and project specifications.

4. Construction of ADA Curb Ramps and Concrete Improvements:
603
• ADA Compliance: Construct new ADA-compliant curb ramps, ensuring proper slopes, tactile warning surfaces, and smooth transitions. Adhere to ADA guidelines and City standards. • Sidewalk Construction: Pour and finish new concrete sidewalks, ensuring a smooth and even surface. Use appropriate curing methods to achieve the required strength and durability.
• Curbs and Gutters: Construct new curbs and gutters, ensuring proper alignment, elevation, and drainage capabilities. Follow City specifications and quality standards. • Drive Approaches: Construct new drive approaches, ensuring proper grades and smooth transitions to existing pavements. Verify compliance with ADA and City requirements.

5. Asphalt Concrete Patching and Installation:
• Asphalt Patching: Perform necessary asphalt concrete patching to restore disturbed areas adjacent to the new concrete structures. Ensure seamless integration with existing pavements.
• Traffic Signal Pull Boxes: Install new traffic signal pull boxes as required, ensuring proper placement and functionality. Coordinate with utility providers for necessary connections.

6. Installation of Truncated Domes and Flexible Crack Filler:
• Truncated Domes: Install tactile warning surfaces (truncated domes) on all ADA curb ramps to provide visual and tactile cues for pedestrians. Ensure proper adhesion and durability. • Flexible Crack Filler: Apply flexible crack filler material to existing cracks in the concrete and asphalt surfaces to prevent further deterioration and extend the lifespan of the pavement.

7. Quality Control and Inspections:
• Quality Assurance: Implement a comprehensive quality control program to ensure all work meets project specifications and standards. Conduct regular inspections and testing as required.
• Final Inspections: Coordinate with City inspectors to conduct final inspections and address any punch list items promptly. Ensure all work is completed to the satisfaction of the City.

8. Project Closeout and Documentation:
• Site Cleanup: Perform thorough site cleanup, removing all construction debris, materials, and equipment. Restore the work area to its original condition or better. • Documentation: Provide detailed documentation, including as-built drawings, inspection reports, and material certifications. Ensure all project records are complete and 604
submitted to the City.

Draft First Year Schedule:
• Month 1: Project kickoff, mobilization, initial site assessments, and setup. • Month 2-4: ADA curb ramp modifications at designated locations. • Month 5-7: Sidewalk replacement and repairs.
• Month 8-10: Curbs and gutters construction, and drive approach replacements. • Month 11-12: Asphalt patching, installation of traffic signal pull boxes, installation of truncated domes, flexible crack filler application, final inspections, and project closeout.

Additional Necessary Tasks:
• Community Engagement: Enhance community engagement to inform residents about project timelines and potential disruptions.
• Progress Meetings: Schedule regular progress meetings with City officials to ensure alignment and address any emerging issues promptly.

By following this detailed method, We R Builders, Inc. is confident in delivering a successful project that meets the City of Palm Desert’s standards and expectations, ensuring ADA compliance and enhancing public infrastructure.
605
We R Builders
Fee Proposal

ITEM
NO. ITEMS DESCRIPTION Estimated Quantity Units
1 Remove and Replace Sidewalk
Section 4" Thick Per Riverside County
MINIMUM REPAIR COST $
5,500.00
2 UP TO 100 $40.00
3 101 UP TO 500 $26.00
4 501 UP TO 1000 $22.00
5 1001 UP TO 2000 $20.00
6 >2000 $19.00
7 Remove and Replace Sidewalk
Section 6" Thick Per Riverside County
MINIMUM REPAIR COST $
5,500.00
8 UP TO 100 $45.00
9 101 UP TO 500 $32.00
10 501 UP TO 1000 $25.00
11 1001 UP TO 2000 $22.00
12 >2000 $20.00
13 Remove and Replace Cross Gutter,
Approach or Street Section up to 8"
Thick Per Riverside County
MINIMUM REPAIR COST $
5,500.00
14 UP TO 100 $60.00
15 101 UP TO 200 $50.00
16 201 UP TO 500 $40.00
17 501 UP TO 2000 $30.00
18 >2000 $25.00
19 Remove and Replace 6" Curb &
Gutter Per Riverside County
MINIMUM REPAIR COST $
5,500.00
20 UP TO 20 $250.00
21 21 UP TO 50 $200.00
22 51 TO 100 $150.00
23 >100 $130.00
24 Remove and Replace 6" Curb Only
Per Riverside County
MINIMUM REPAIR COST $
5,500.00
25 UP TO 50 $180.00
26 51 UP TO 100 $160.00
27 101 TO 250 $140.00
28 251 TO 500 $120.00
29 501 TO 1000 $75.00
606
30 >1000 $70.00
31 Remove and Replace 8" Curb Only
Per Riverside County
MINIMUM REPAIR COST $
5,500.00
32 UP TO 50 $210.00
33 51 UP TO 100 $180.00
34 101 TO 250 $150.00
35 251 TO 500 $120.00
36 501 TO 1000 $80.00
37 >1000 $75.00
38 Remove and Replace 6" Curb Only
Per Riverside County
MINIMUM REPAIR COST $
5,500.00
39 UP TO 50 $200.00
40 51 UP TO 100 $170.00
41 101 TO 250 $140.00
42 251 TO 500 $120.00
43 501 TO 1000 $100.00
44 >1000 $90.00
45 Remove and Replace 8" Curb Only
Per Riverside County
MINIMUM REPAIR COST $
5,500.00
46 UP TO 50 $210.00
47 51 UP TO 100 $170.00
48 101 TO 250 $140.00
49 251 TO 500 $120.00
50 501 TO 1000 $85.00
51 >1000 $75.00
52 Remove and Replace ADA Curb
Ramp Per Riverside County
MINIMUM REPAIR COST $
8,000.00
53 1 TO 5 $9,500.00
54 6 TO 10 $8,500.00
55 UP TO 15 $8,000.00
56 Retrofit Truncated Domes on Existing
Surface & Grind existing lip to 0"
curb face
MINIMUM REPAIR COST $
5,500.00
57 1 TO 5 $1,200.00
58 6 TO 10 $1,300.00
59 UP TO 15 $1,200.00
60 Sidewalk Ramping
MINIMUM REPAIR COST $
5,500.00
61 UP TO 100 $35.00
62 101 TO 500 $35.00
63 >500 $35.00
64 Sidewalk Grinding MINIMUM REPAIR COST $
5,500.00
607
65 UP TO 100 $60.00
66 101 TO 500 $40.00
67 >500 $40.00
68 Sidewalk Patching
MINIMUM REPAIR COST $
5,500.00
69 UP TO 100 $50.00
70 101 TO 500 $45.00
71 >500 $35.00
72 Doweling
MINIMUM REPAIR COST $
5,500.00
73 1 $300.00
74 2 Sack Slurry
UP TO 5 $800.00
75 UP TO 20 $700.00
76 Provide and Install Base
1 $625.00
77 3 $250.00
608
WE R BUILDERS, INC.
3746 FOOTHILL BLVD., #304, GLENDALE, CA 91214
714.874.5275 | [email protected]
DIR #1000884610 | LICENSE #1055746
THROUGH JUNE 30, 2024
WE R BUILDERS , INC.

T & M C O S T - P L U S R A T E S WWW.WRBCONSTRUCTION.COM WRB.T&M.LBR.24

LABORER COST-PLUS RATES
(FORM: WRB.T&M.LBR.24)

PROJECT MANAGEMENT CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME PROJECT ADMINISTRATOR PADM $80.00 $100.00 $120.00
PROJECT ENGINEER 1 PEG1 $85.00 $115.00 $130.00
PROJECT ENGINEER 2 PEG2 $92.00 $130.00 $155.00
PROJECT ENGINEER 3 PEG3 $105.00 $140.00 $160.00
SUPERINTENDENT PMSP $135.00 $190.00 $225.00
PROJECT MANAGER PMPM $150.00 $200.00 $250.00
SENIOR PROJECT MANAGER PMSR $205.00 $275.00 $325.00

LABORERS CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME GENERAL FOREMAN LAGF $145.00 $170.00 $220.00
FOREMAN LAFM $120.00 $140.00 $190.00
GROUP 4 - PIPE LAYER, C&S LAG4 $107.00 $135.00 $180.00
GROUP 3 - PIPELINE BACKUP MAN LAG3 $105.00 $132.00 $170.00 GROUP 2 - CHUTE MAN LAG2 $103.00 $130.00 $165.00
GROUP 1 - GENERAL LAG1 $100.00 $128.00 $160.00
APPRENTICE - 6TH PERIOD (85%) LAA6 $90.00 $120.00 $145.00

OPERATING ENGINEERS CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME OPERATOR FOREMAN, (APPDX. A) OEFM $140.00 $200.00 $235.00 OPERATOR GROUP 3, (APPDX. A) OEG3 $135.00 $190.00 $225.00 OPERATOR GROUP 8, (APPDX. A) OEG8 $138.00 $195.00 $230.00

TEAMSTERS CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME GROUP 10 - WORKING TRUCK DRIVER TDG10 $110.00 $140.00 $170.00

CEMENT MASONS CLASS CODE STRAIGHT-TIME OVER-TIME DOUBLE-TIME CEMENT MASON FOREMAN CMFM $135.00 $190.00 $225.00
CEMENT MASON JOURNEYMAN CMJM $110.00 $140.00 $185.00
CEMENT MASON CARPENTER CMCR $115.00 $137.00 $188.00
NOTE(S) / TERMS — UNLESS THE CONTRACT BID DOCUMENTS DEEM OTHERWISE, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY. • THE RATES PROPOSED HEREIN CONSIST OF WRB'S IN-HOUSE EMPLOYEE’S RATES ONLY. ALL LABOR, EQUIPMENT, MATERIAL, SUPPLIES, PRODUCTS OR SUBCONTRACTORS, PROVIDED BY A THIRD-PARTY SHALL BE COMPENSATED FOR PER THE FOLLOWING: MATERIAL,

SUBCONTRACTORS, SUBSISTENCE, OUTSIDE EQUIPMENT RENTALS, MACHINERY RENTALS, TOOLS RENTALS, COSTS IN FUEL FOR SUCH RENTALS, PERMITS, INSPECTIONS, AND OTHER RELATED COSTS OR FEES WILL BE BILLED AT COSTS PLUS (+) SALES TAX (AS APPLICABLE) PLUS (+) MARKUPS OF 10% FOR OVERHEAD, AND PLUS (+) MARKUPS OF 15% FOR PROFITS. • ALL RATES ARE PROVIDED ASSUMING PROVIDING SUCH SERVICES DURING STANDARD WORK HOURS (BETWEEN THE HOURS OF 7AM – 4PM). • OVERTIME RATES: SHIFT(S) SHALL BE COMPENSATED FOR PER UNION AGREEMENT(S). IF UNSCHEDULED ON-CALL EMERGENCY DISPATCHES OCCUR AFTER CREW WORKED THEIR STANDARD 8-HOUR WORK SHIFT, OVERTIME/DOUBLE-TIME RATES MAY APPLY AT THE BEGINNING OF THE WORK SHIFT, DEPENDENT ON CREWS TOTAL HOUR WORKED, AND PER UNION AGREEMENT(S). • FOREMAN'S & TRUCK DRIVERS SHALL BE COMPENSATED FOR ONE ADDITIONAL (+1) WORKHOUR (ST, OT, OR DT) PER WORK-SHIFT, IN ADDITION TO THE WORK HOURS REPORTED FOR THE CREW'S WORK SHIFT(S). • TRAVEL TIME: BILLING TIME WILL BEGIN ONCE EMPLOYEES ARE DISPATCHED, AND END UPON THEIR RETURN TO THE COMPANY FACILITY. • SUBSISTENCE: LODGING & MEALS FOR MANAGEMENT, SUPERINTENDENTS & GENERAL FOREMAN WILL BE BILLED, WHEN DEEMED ADEQUATE, AT ACTUAL COSTS, PLUS MARK-UP AT 15%.
• WE R BUILDERS, INC. WILL PROVIDE/MAINTAIN UNDERGROUND SERVICE ALERT (USA) NOTIFICATIONS FOR ALL WORK CONDUCTED WITHIN OUR WORK LIMITS, FOR THE DURATION OF OUR WORK, WHILE PERFORMING OUR SERVICES. ON ALL EMERGENCY WORK DISPATCHED DURING DIG ALERT’S NON-OPERATING/BUSINESS HOURS, WE R BUILDERS, INC. WILL CONDUCT WORK TO COMPLY WITH APPLICABLE AUTHORITY(S) WITH JURISDICTION STANDARDS AND REGULATIONS, TO PROPERLY ACCOMMODATE THE CIRCUMSTANCE ON-HAND. • ALL WAGE SCALES PRESENTED HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE. • THIS DOCUMENT DOES NOT INCLUDE ALL LABOR CLASSIFICATIONS. ADDITIONAL LABOR CLASSIFICATIONS ARE AVAILABLE UPON REQUEST(S).

SOME WORK AREAS MAY BE SUBJECT TO SPECIAL WAGE AGREEMENTS; IF APPLICABLE, FEES WILL BE BILLED ACCORDINGLY. • THESE TERMS SHALL EXTEND AND APPLY TO THE ATTACHED EQUIPMENT RATES, AS APPLICABLE. • INVOICES WILL BE ISSUED ON A WEEKLY BASIS (UNLESS OTHERWISE PROVIDED BY WE R BUILDERS, INC. AT A LATER DATE), AND TO BE PAID UPON RECEIPT. DELINQUENT PAYMENTS 7-DAYS OVERDUE WILL INCUR IN A 1.50% INTEREST SURCHARGE AND WILL ACCRUE FOR EVERY TWO WEEKS PAYMENTS ARE DELINQUENT THEREAFTER).
609
WE R BUILDERS, INC.
13746 FOOTHILL BLVD., #304, GLENDALE, CA 91214
714.874.5275 | [email protected]
DIR #1000884610 | LICENSE #1055746
THROUGH JUNE 30, 2024
WE R BUILDERS , INC.

T & M C O S T - P L U S R A T E S WWW.WRBCONSTRUCTION.COM WRB.T&M.EQR.24

EQUIPMENT COST-PLUS RATES
(FORM: WRB.T&M.EQR.24)
AIR COMPRESSORS — U.O.M. RATES CONCRETE EQUIPMENT — U.O.M. RATES AIR COMPRESSOR ‐ 13 HP (TRUCK MOUNTED) HOURLY $8.00 CONCRETE MIXER ‐ 1/3 CUYD CAP. (TOW TYPE) DAILY $90.00 AIR COMPRESSOR ‐ 185 CFM W/ TOOLS & HOSES HOURLY $20.00 CONCRETE SAW ‐ WALK BEHIND HOURLY $60.00 CONCRETE VIBRATOR (ELECTRIC) DAILY $100.00
ASPHALT PAVING EQUIPMENT — U.O.M. RATES CONCRETE WASHOUT BIN (5.25 CUYD) DAILY $75.00 ASPHALT SPREADER BOX (VARIABLE WIDTH) HOURLY $6.00
PROPANE TORCH ‐ PORTABLE HOURLY $5.00 CONFINED SPACE & SAFETY EQUIPMENT — U.O.M. RATES ROLLER ‐ 24" WIDTH WALK-BEHIND-TYPE HOURLY $24.00 AIR SUPPLY SYSTEM ‐ ALLEGRO DAILY $250.00 ROLLER ‐ 30” – 36" WIDTH WALK-BEHIND-TYPE HOURLY $28.00 AIR CART W/60 MIN. BOTTLES DAILY $160.00 ROLLER ASPHALT SMTH VIB.DUAL DRUM 3 TO 5 TON HOURLY $41.00 STRETCHER BASKET W/ BUCKLES DAILY $75.00 ROLLER ASPHALT SMTH VIB. DUAL DRUM 8 TON HOURLY $50.00 GAS / OXYGEN MONITOR DAILY $100.00 TACK SPRAYER/EMULSION POT (220 GAL. CAP.) HOURLY $18.00 HARNESS ‐ FULL BODY TYPE DAILY $15.00 LANYARD RETRACTABLE TYPE ‐ 30' LENGTH (YO‐YO) DAILY $35.00 BACKHOES — U.O.M. RATES MANHOLE BLOWER ‐ 4130 CFM (GAS POWERED) DAILY $40.00 CAT 420 D 4X4 / CASE 580 SUPER M 4X4 HOURLY $57.00 S.C.B.A. 5 MINS (SCOTT SKA‐PAK 2.2‐3.0) DAILY $75.00 CAT 430E / CASE 590 SUPER M 4X4 HOURLY $70.00 TRIPOD W/ WINCH FOR CONFINED SPACE ENTRY DAILY $80.00 VELOMETER (AIR FLOW MEASURING DEVICE) DAILY $100.00
BACKHOES ATTACHMEMNT — U.O.M. RATES VENT BLOWER TRAILER MOUNTED (12,000 CFM) HOURLY $35.00 AUGER DRILL ‐ 12" DIAMETER (MAX DEPTH 8') HOURLY $180.00 VENT BLOWER TRAILER MOUNTED (25,000 CFM) HOURLY $50.00 AUGER DRILL ‐ 24" DIAMETER (MAX DEPTH 8') HOURLY $250.00 HYDRAULIC BREAKER 1000 LB FOR BACKHOES HOURLY $50.00 EXCAVATOR & EXCAVATOR ATTACHMENTS — U.O.M. RATES COMPACTION WHEEL ‐ 12" OR 18" WIDE HOURLY $10.00 EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $105.00 EXCAVATOR - CAT 315 (OR SIMILAR) HOURLY $85.00
BORING EQUIPMENT — U.O.M. RATES BUCKET ATTACHMENT (24” – 36” WIDE) HOURLY $10.00 ACCU‐PUNCH BORE MOLE 2" DIAMETER HOURLY $18.00
GENERATORS — U.O.M. RATES
COMPACTION EQUIPMENT — U.O.M. RATES GENERATOR 5 KW HOURLY $10.00 TAMP / POWDER PUFF ‐ AIR DRIVEN DAILY $25.00 GENERATOR 25 KW HOURLY $20.00 JUMPING JACK HOURLY $15.00 GENERATOR 45 KW HOURLY $35.00 VIBRATORY SOIL PLATE COMPACTOR 34" W (CAT 320) HOURLY $26.00 GENERATOR 118 KW HOURLY $75.00 VIBRATORY PLATE 24” (WALK BEHIND) DAILY $100.00 GENERATOR 230 KW HOURLY $115.00 610
WE R BUILDERS, INC.
13746 FOOTHILL BLVD., #304, GLENDALE, CA 91214
714.874.5275 | [email protected]
DIR #1000884610 | LICENSE #1055746
THROUGH JUNE 30, 2024
WE R BUILDERS , INC.

T & M C O S T - P L U S R A T E S WWW.WRBCONSTRUCTION.COM WRB.T&M.EQR.24

EQUIPMENT COST-PLUS RATES
(FORM: WRB.T&M.EQR.24)

EXCAVATOR — U.O.M. RATES TRAFFIC CONTROL EQUIPMENT — U.O.M. RATES EXCAVATOR - CAT 320 (OR SIMILAR) HOURLY $105.00 ARROW BOARD (SOLAR) HOURLY $15.00 BARRICADE ‐ TYPE I/DELINEATOR TRAFFIC CONE DAILY $1.00
GENERATORS — U.O.M. RATES BARRICADE ‐ TYPE-II/TYPE-III/ADA PEDESTRIAN TYPE DAILY $3.00 GENERATOR 5 KW HOURLY $10.00 TEMP. CHAIN LINK FENCE PANEL 6' X10' W/ FEET DAILY $7.00 GENERATOR 25 KW HOURLY $20.00 RAMP PEDESTRIAN TYPE (BARIATRIC PANEL RAMP) DAILY $20.00 GENERATOR 45 KW HOURLY $35.00 TRAFFIC SIGNS 30" X 30" DAILY $5.00 GENERATOR 118 KW HOURLY $75.00
GENERATOR 230 KW HOURLY $115.00 TRAILERS — U.O.M. RATES TRAILER ‐ LOW BOY TYPE HEAVY HAUL ‐ 88K LBS CAP. HOURLY $31.00 LOADERS & LOADER ATTACHMENTS — U.O.M. RATES
SKID STEER LOADER - CAT 262 HOURLY $50.00 TRUCKS — U.O.M. RATES HYDRAULIC BREAKER ATTACHMENT (FOR CAT 262) HOURLY $32.00 TRUCK – 5 CY CAPACITY HOURLY $65.00 PAVEMENT GRINDER ATTACHMENT (FOR CAT 262) HOURLY $50.00 TRUCK – 10 CY CAPACITY HOURLY $85.00 BROOM/SWEEPER ATTACHMENT (FOR CAT 262) HOURLY $10.00 TRUCK – PICK‐UP TRUCK/SUV/VAN HOURLY $25.00 TRUCK – SERVICE TYPE (F‐350/450/550) HOURLY $40.00
MISCELLANEOUS EQUIPMENT / TOOLS — U.O.M. RATES TRUCK – WATER TYPE 2000 GALLON HOURLY $50.00 CUT‐OFF SAW/CHAIN SAW/SKILL SAW/JIG SAW DAILY $75.00
JACKHAMMER 70 LB AIR DAILY $90.00 WATER PUMPS (W/ 25' SUCT. & 50' DISCHARGE) — U.O.M. RATES TEST PUMP HYDROSTATIC ‐ 5 HP DAILY $80.00 WATER PUMP SUBM./TRASH TYPE, ELEC./GAS/AIR 2" DAILY $60.00 TEST PUMP HYDROSTATIC ‐ 8 HP DAILY $125.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 3" DAILY $85.00 PIPE TONGS (4" TO 12") DAILY $8.00 WATER PUMP SUBMERSIBLE TYPE, ELECTRIC 4" DAILY $135.00 PIPE TONGS (16" TO 24") DAILY $15.00 WATER PUMP TRAILER MOUNTED, DIESEL 6" DAILY $265.00 TAPPING MACHINE - WATER TYPE (UP TO 2") PER INCH $40.00 NOTE(S) / TERM(S) –
SWEEPERS & BROOMS — U.O.M. RATES THE TERMS AND CONDITIONS PROVIDED ON FORM ‘WRB.T&M.LBR.24’ SHALL EXTEND AND BROOM / SWEEPER ‐ SELF PROPELLED DAILY $38.00 APPLY TO THESE RATES IN-FULL (AND AS APPLICABLE), AS-IF INCLUDED HEREIN.

POWER BROOM / POWER SWEEPER (WALK BEHIND) HOURLY $45.00 611
612

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Palm Desert City CouncilAugust 22, 2024

Palm Desert City Council
August 22, 2024