Agenda packet, regular meeting — Palm Desert City Council, September 25, 2025 (part 3 of 3)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 25, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: APPROVE CHANGE ORDER NO. 1 TO AMEND CONTRACT NO. C43100 WITH MULTI W SYSTEMS, INC., FOR PUMP PREVENTATIVE

MAINTENANCE SERVICES AT THE PALM DESERT AQUATIC CENTER
(PROJECT NO. MLS00020)
RECOMMENDATION:

1. Approve Change Order No. 1 to amend Contract No. C43100 with Multi W Systems, Inc., to add preventative maintenance services to the Palm Desert Aquatic Center pumps and increase the annual amount to $63,000.

2. Increase allowable extra work in an amount not to exceed $35,000 per fiscal year.

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

4. Authorize the City Manager to execute the change order, the optional three extensions, and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

The Civic Center Campus, Hovley Soccer Park, and Freedom Park utilize booster pumps to compensate for low water pressure and provide irrigation for more than 87 acres of turf and landscaped areas. Each location operates a site-specific pumping system designed to reduce irrigation times and increase water-use efficiency. Likewise, the pool pumps at the Palm Desert Aquatic Center (PDAC) require regular preventative maintenance to support continuous operation of the facility. Preventative maintenance and timely replacement of these pumps are critical to preserving City assets, avoiding costly emergency repairs, and ensuring uninterrupted service to the community.

The City of Palm Desert (City) currently maintains two separate agreements with Multi W Systems, Inc., one for irrigation pump maintenance at three City parks (Contract No. C43100), and another for pump maintenance and repairs at the Palm Desert Aquatic Center (Contract No.

A43722). With the expiration of Contract No. A43722 for PDAC pump services, staff recommend consolidating responsibilities into the irrigation pump Contract No. C43100.

Change Order No. 1 adds quarterly PDAC pump maintenance at an annual cost of $20,000 (4 x $5,000/quarter), increasing the annual contract value from $43,000 to $63,000. The quote and detailed scope of services can be found in Attachments 3 and 4, respectively. Staff also recommends increasing the allowable “extra work” authorization from $17,000 to $35,000 per fiscal year to ensure sufficient funding is available for unanticipated pump repairs or component replacements. The increase in as-needed allowable extras is intended to address any parts, materials, or repair work related to the aquatic center’s seven water pumps quickly and efficiently to ensure continuity of service.
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City of Palm Desert
Change Order No. 1 to Contract No. C43100

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This consolidation provides continuity of service, simplifies contract administration, and ensures that all City pump maintenance needs are addressed under a single agreement.

Legal Review:

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

FINANCIAL IMPACT:

Funds totaling $120,000 are part of the Public Works Department operations budget for the Civic Center and Palm Desert Aquatic Center pumps, as part of the approved Fiscal Year 2025-26 Financial Plan. The new contract amount, including allowable extra work, totals $98,000.

Therefore, there is no further financial impact to the General Fund.

The budget and costs for each area are outlined in the table below:

Account No. Location Budget Expenses Balance
1104610-4332001 Civic Center Park $40,000 $33,000
1104611-4332001 Other Parks $30,000 $30,000
2424595-4400100 Palm Desert Aquatic Center $50,000 $35,000 Total: $120,000 $98,000 $22,000
*Although the amounts listed are intended to cover the costs, actual distribution will vary based on actual use.

Future year amounts will be included in annual budget requests and extensions will be contingent on budget approval.

ATTACHMENTS:

1. C43100 Agreement

2. Change Order No. 1

3. Mutli W Systems Quote

4. Exhibit A – Scope of Services and Special Provisions 390
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CITY OF PALM DESERT

CONTRACT CHANGE ORDER
Justification:

YES NO
Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:

Net Change in Contract Price:

Original Contract Amount: +
Contingency: +
Total Budget Amount:

Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:

Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).

Contract Purpose:

Contractor Name:

Contract No / P.O. #:

Change Order No.:

Contingency:

Account No.:

Project No.:

Vendor No.:

YES NO
Project Manager:

This Change Order is hereby executed on:

C43100 24251319 1
✔
Multiple MLS00020 V0015627 Pump Preventative Maintenance Multi W Systems, Inc. Shawn Muir / Brad Chuck September 25, 2025 Increase in scope to add Palm Desert Aquatic Center Pumps to maintenance $ 20,000.00 schedule. $ 0.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 The circulation pumps for the three pools and two waterslides at the Palm Desert Aquatic Center are currently maintained only on an as needed basis. This is not optimum, as regular maintenance is the preferred method for pump upkeep, rather than response to failure. Staff are requesting to add these pumps to the quarterly maintenance schedule that is already in place for various irrigation pumps throughout the City (see attached Exhibit A). In addition, staff request to increase the allowable extra work under this agreement to an amount not to exceed $25,000 per fiscal year for repairs and replacements as needed.
$ 43,000.00 $ 0.00 $ 43,000.00 $ 0.00 $ 43,000.00 -$ 20,000.00 $ 0.00 -$ 20,000.00 The amount of the contract will be increased by the sum of: Twenty Thousand 00 $ 20,000.00 $ 63,000.00 423
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.

1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________Contractor

3. CERTIFIED FUNDS

AVAILABLE
______________________
Finance Director 4. APPROVED BY: ______________________ Interim City Manager
NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C43100 1
N/A
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Date: 9/15/2025
Quotation #: 38952YHR2
To: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Brad Chuck
Ship to: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Brad Chuck
Terms: N30
Subject: Maintenance & Hourly Rates
Total
Subtotal
Sales Tax (8.75%)
Fax: E-mail: Tel.: 760-346-0611 [email protected] Q'ty Item Description Unit Price Total
Field labor Civic Center Park quarterly maintenance, scope of work to include:
- Vertical turbine irrigation pumps motor lubrication oil/grease check. Lubricate per motor manufacturer’s instruction.
- Vacuum cleaning service on (3) VFD cabinets.
- Infrared inspection of pump power circuit for potential issues. - Measure and record (3) irrigation pumps – pump run current (A) and voltage (V). - Verify SCADA system is reading and logging irrigation pump system status.

Calibrate SCADA and/or pump system as needed.
- Simulate alarm condition and verify alarm messages are received by email and/or text message.
- Operate irrigation pumps in hand mode and visually inspect each pump. For example: noise level, pump packing rings condition, pressure reading, and flow rate reading.
- Adjust and tighten irrigation pump packing glands as needed. - Visually inspect and record fertigation pump – pump run current (A) and voltage (V).
- Lubricate fertigation pump’s motor bearings per motor manufacturer’s instruction. - Check and record well pump – pump run current (A) and voltage (V). - If pressure gauges are available, check and record well pump discharge pressure (PSI).
- Check and clean (1) Amiad SAF-6000 water filter.
- Test run vertical turbine irrigation pumps and well pump in automatic mode and verify proper operation.
- Perform vacuum cleaning in Irrigation Pump Room and Well Pump Room (Underground).
- Submit Maintenance Service Report to Customer.
1 4,750.00 4,750.00

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Date: 9/15/2025
Quotation #: 38952YHR2
To: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Brad Chuck
Ship to: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Brad Chuck
Terms: N30
Subject: Maintenance & Hourly Rates
Total
Subtotal
Sales Tax (8.75%)
Fax: E-mail: Tel.: 760-346-0611 [email protected] Q'ty Item Description Unit Price Total
Field labor Hovley Soccer Park quarterly maintenance, scope of work to include:
- Visually check (1) irrigation booster pump and (1) pressure regulating valve. - If pressure gauges are available, check upstream and downstream pressure of pressure regulating valve. Fine tune pressure setting by the pilot valve as needed. - Test operation of the irrigation pump in hand and timer modes and verify proper operation.
- Measure and record the irrigation pump – pump run current (A) and voltage (V). - Check and lubricate irrigation pump’s motor bearings per motor manufacturer’s instruction.
- Infrared inspection of pump power circuit for potential issues. - Vacuum cleaning service for the irrigation pump control panel and irrigation pump enclosure.
- Fine tune (1) pressure regulating valve’s pilot valve pressure setting as needed. - If pressure gauges are available, check and record water pressure at upstream and downstream of pressure regulating valve.
- Inspect and record irrigation pump’s suction and discharge pressure. - Visually inspect and record fertigation pump – pump run current (A) and voltage (V).
- Lubricate fertigation pump’s motor bearings per motor manufacturer’s instruction. - Submit Maintenance Service Report to Customer.
1 3,000.00 3,000.00
Field labor Freedom Park quarterly maintenance, scope of work to include:
- Visually inspect (2) irrigation booster pumps and inline master valves. - Test run irrigation booster pumps in hand and timer modes, and verify proper operation.
- Measure and record (2) irrigation pumps – pump run current (A) and voltage (V). - Inspect and lubricate (2) irrigation pumps’ motor bearings per motor manufacturer’s instruction.
- Infrared inspection of pump power circuit for potential issues. - Inspect and record irrigation pump’s suction and discharge pressure. - Vacuum cleaning service for the irrigation pump control panel and irrigation pump enclosure.
- Submit Maintenance Service Report to Customer.
1 3,000.00 3,000.00

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1. Freight is not included and shall be added unless otherwise mentioned in this quote.

2. Unloading by others.

3. Quotation is valid for 30 days.

4. 30% restocking fee to be charged for all cancelled items.

We appreciate your interest in our products and please feel free to contact us should you need further information on this matter.

Sincerely yours,
Yi-Kang Huang, Application/Electrical Engineer, [email protected] $15,750.00
$15,750.00
$0.00
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PREVENTATIVE PUMP MAINTENANCE

SCOPE OF SERVICES

1. GENERAL SCOPE OF WORK
The City of Palm Desert currently has three (3) parks and an aquatic center that utilize various pumps, Variable Frequency Drives, SCADA systems, filters, screens, and other ancillary equipment. The pumps are essential to circulate pool water and features, and irrigate highly visited areas such as baseball fields, soccer fields, amphitheater, open turf spaces, and other greenbelt and landscaped areas. Maintaining the irrigation pump systems is critical to ensure city facilities, parks and landscape are maintained at a world class level.

The City is looking for a qualified Contractor to inventory the City's pump infrastructure and develop a Preventive Maintenance Program and perform the necessary work to keep these city assets operational. Contractor shall also maintain pump rooms, enclosed areas, and adjacent critical areas clean and free of debris.

Maintenance shall be performed a minimum of once every three (3) months. Contractor shall also supply the necessary tools, equipment, and qualified staff necessary to perform the job. In addition, contractor will report issues discovered and submit estimates for repairs.

2. SERVICES TO BE PERFORMED
City Staff conducted a preliminary inventory of the pump rooms at City parks and stations and noted: Six (6) irrigation booster pumps, three (3) VFD’s, two (2) SCADA systems, and one (1) well pump. In addition, pressure regulating valves, filters, fertigation pumps, and supporting components were also noted.

Equipment at the Palm Desert Aquatic Center includes three (3) pool pumps, two (2) water slide pumps, one (1) water feature pump, and six (6) VFDs,
Contractor shall conduct an independent inventory of the pump rooms and irrigation systems and submit a Preventive Maintenance Program Proposal based on the findings.

Equipment locations and approximate quantities:

A. Civic Center Park: Three (3) irrigation booster pumps, three (3) VFD’s, two (2) SCADA systems, Amiad filter, and one (1) well pump. In addition, there is a fertigation system at this location.

B. Hovley Soccer Park: One (1) irrigation booster pump and one (1) pressure regulating valve. In addition, there is a fertigation system at this location.

C. Freedom Park: Two (2) irrigation booster pumps and inline master valves.

D. Palm Desert Aquatic Center: Three (3) pool pumps, two (2) water slide pumps, one (1) water feature pump, and six (6) VFDs,
Contractor is to perform industry standard maintenance on a quarterly basis, including but not limited to:
• Cleaning the filters associated with the pumps to ensure proper flow. • Checking amps on motor controls and VFD’s,
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• Checking seals and gaskets.
• Oil and lubricating equipment per manufacturer's recommendations. • SCADA systems review and testing.
• Checking valves, hoses, and equipment to ensure they operate correctly. • Contractor shall be on-site to respond to emergency repairs within 24 hours of receiving notification.

3. PERFORMANCE OF EXTRA WORK
• Contractor shall not perform extra work without City authorization. • Authorization shall be in writing, on a completed City Work Request Form, and signed by an authorized City representative.
• Additional Work labor shall be paid at the hourly rate listed on the Price Sheet Schedule • unless otherwise agreed upon.
• Additional Work materials shall be paid at the rate of “cost plus fifteen percent (15%) markup. • Invoicing for Additional Work shall include an itemized invoice describing the unit cost and/or labor hours at the contract rate, materials costs, and copies of materials invoices from the supplier(s).
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PREVENTATIVE PUMP MAINTENANCE

SPECIAL PROVISIONS

1. PRE-COMMENCEMENT CONFERENCE
A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of construction. The job-site foreman or superintendent assigned by the Contractor for this project shall be present at the Precommencement Meeting. The Contractor shall prepare a tentative maintenance schedule for submission and review at the Pre-Construction Meeting. The discussion shall include but not be limited to: project supervision; progress schedules and reports; payments to Contractor; safety; and other anticipated issues pertinent to the contract.

At this conference, the Contractor shall designate, in writing, a representative who shall have authority to act for the Contractor with the City of Palm Desert. An alternate representative may be designated. The representative or alternate shall be present at the job site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor.

In the absence of the Contractor or its designated representative, necessary or desirable directions or instructions may be given by the Engineer to the superintendent or person having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.

Those attending the meeting shall include, but not be limited to the following:

1. Contractor

2. City of Palm Desert Department Project Manager

3. City of Palm Desert Landscape Staff

4. Pertinent Subcontractor(s)

2. PUBLIC CONVENIENCE
The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under active maintenance no greater length or amount of work then can be prosecuted properly with due regard to the rights of the public. Contractor must obey City directives.

Pedestrian paths of travel must be maintained free of obstructions and hazardous conditions, except where the condition is necessary for completion of the work. To the extent any portion of the work requires obstructing pedestrian paths of travel, the work shall be performed so as to minimize the extent of the obstruction. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area.

3. HOURS OF WORK
Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the established hours of operation under this contract:
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May 1 through September 30
Weekdays (MTWTF): 5:30 AM to 7:00 PM
Weekends (Saturday): *8:00 AM to 5:00 PM
Weekends (Sunday): No Work
Government Code Holidays: No Work
October 1 through April 30
Weekdays (MTWTF): 7:00 AM to 5:30 PM
Weekends (Saturday): *8:00 AM to 5:00 PM
Weekends (Sunday): No Work
Government Code Holidays: No Work
*Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent.

Work is not permitted on Sundays and during City of Palm Desert holidays.

Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by City of Palm Desert is not held to these restrictions.)

4. UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not.

The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.

The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (909) 335-7581 at least two (2) working days prior to the start of construction.

The Contractor shall coordinate installation of utility facilities within the project with the inspector listed above as contact. Requests for information not shown on the specific utility installation plan shall be directed to the contact for that utility. The exact location and identification of all existing utilities shall be determined by the Contractor prior to the start of any work. The Contractor shall protect-in-place all utilities unless otherwise noted on the plans.

5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS The Contractor shall be responsible for all damages to persons or property that occurs as a result of the work. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City of Palm Desert.

All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or 432
adjacent to the Project site where work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including any material that may fall in swimming pools, lagoons, or other water features. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by City of Palm Desert or City of Palm Desert’s agent.

6. CHANGES IN THE WORK/EXTRA WORK
Contractor shall make no changes in the work without written direction from City of Palm Desert.

Contractor shall not be compensated for any change made without City of Palm Desert’s written direction.

Contractor shall not perform Extra Work without City of Palm Desert approval and work order.

Contractor shall submit extra work invoices with a copy of the approved City of Palm Desert work order and applicable receipts.

If City of Palm Desert requests Contractor in writing for extra work, the Agreement price will be adjusted based on the following:

1. Price Sheet Hourly Rates.

2. Parts and materials will be billed at cost with an allowable 15% markup.

The cost for extra or changed work performed on a Time and Materials basis shall be determined as follows:

1. Labor: Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only the actual wages paid which shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.

2. Material: Only materials furnished by Contractor and necessarily used in performance of extra Work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges.

3. Equipment: For Contractor-owned equipment, payment will be made at rental rates listed for equipment in California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which the extra Work is accomplished, and which schedule is incorporated herein by reference as though fully set forth herein.
(a) For rented equipment, payment will be made based on actual rental invoices.

Equipment used on extra work shall be of proper size and type. (b) Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is 433
inoperative due to breakdowns.
(c) Individual pieces of equipment or tools having a replacement value of $100 or less, whether or not consumed by use, shall be considered to be small tools.

If no agreement can be reached on a change order, City of Palm Desert shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City of Palm Desert within seven (7) days of the issuance of the unilateral change order, disputing the terms of the unilateral change order and providing sufficient supporting documentation for its position as City of Palm Desert may reasonably require.

7. CLAIMS
The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the City of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City of Palm Desert to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Palm Desert shall be considered as a payment made under the Contract Documents by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the Contractor for any such payment made in good faith.

8. DISPUTE RESOLUTION
Notwithstanding any other provision herein, provisions and procedures in this Section, claims of $375,000 or less shall be resolved pursuant to the procedures set forth in California Public Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert.

If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against the City of Palm Desert.

9. PROJECT SAFETY
The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

1. All employees on the project and all other persons who may be affected thereby; 434

2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub-Subcontractors;

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and

4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours.

The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacture. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the City of Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract.

The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. The Contractor shall use proper safety signing and barricading as required by the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the W.A.T.C.H. handbook.

The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work.

The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches, slopes, and excavations requiring shoring shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress.

High visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced.

Contractor shall ensure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name adequately displayed on the vehicles.

All safety devices and all guards for equipment shall be in place and in proper working order during equipment use. No safety device or guards shall be removed, modified or altered in any way, except in strict accordance with the manufacturer’s recommendation.

In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Engineer immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to City of Palm Desert. 435
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Engineer, then said costs and expense will be paid by the City of Palm Desert and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety.

10. WORK AREA APPEARANCE
The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris developed during maintenance operations shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left unattended in parking areas without express permission from the City of Palm Desert. No tarps shall be permitted in any area overnight.

11. CLEANUP AND RESTORATION OF SURFACES
The Contractor shall, as directed by the Engineer, remove from all public and private property, at its own expense, all temporary structures, rubbish, and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor.

All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after operations, be restored to a condition at least equal to that which existed prior to landscape maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor’s operations in the course of work.

12. RECYCLING SPECIFICATIONS
Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted and County-licensed, diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock.

Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill.

Contractor shall include the costs for the diversion of the above-listed materials in its bid for the job. All other debris generated that is beyond the scope of normal and routine maintenance shall 436
be paid as an extra. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state, federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site.

Contractor shall remove all green waste generated from maintenance operations on a daily basis.

No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e. corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City or City of Palm Desert green waste. Said products shall be approved by the Engineer or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report.

13. PERMITS AND LICENSES
a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the City, City of Palm Desert, and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all subcontractors shall be required to have a City of Palm Desert Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the price and no additional compensation will be allowed therefor.
c. Fees: Contractor shall be responsible for all inspection and permit fees required by agencies (other than the City of Palm Desert, Public Works Department) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the lump sum contract bid price and no additional compensation will be allowed therefor.

14. INSPECTION OF THE WORK
There will be inspection of this work to ensure strict adherence to the specifications and work schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the City of Palm Desert should any deviation of said work schedule become necessary. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the City of Palm Desert.

15. PROTECTION OF PUBLIC
The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of their maintenance operations.

Unusual conditions may arise during the scope of work, which will require that immediate and 437
special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary.

Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent.

The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation

16. TRAFFIC CONTROL
Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Contractor shall provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers, cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III.

A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be maintained free of hazardous conditions. The immediate area must be barricaded in such a manner that pedestrian traffic cannot enter.

The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the City Engineer, shall be considered as included in the in the contract bid price, and no additional compensation will be made therefor.

17. MEASUREMENT AND PAYMENT
City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to subtract an associated amount form the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies:
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1. Failure to comply with Contract Documents.

2. Failure to comply in a timely manner with contractually legitimate requests made by City of Palm Desert.

3. Failure to provide specified reports or falsification of reports.

4. Failure to supply adequate equipment, labor or supervision.

5. Failure to repair deficiencies in the allotted time frame.

6. Failure to comply with schedules.

7. Failure to protect public health and safety.

8. Failure to provide adequate identification on vehicles or employees.

In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm Desert, City of Palm Desert many choose to obtain the services of a separate landscape maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor.

18. VEHICLES ON SIDEWALK AND TURF
Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval.

19. REFUSE DISPOSAL
All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense.

Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert.

20. GREEN WASTE
Contractor shall remove all green waste generated from maintenance operations on a daily basis.

No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation Yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the City of Palm Desert or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report.

21. SCHEDULES
At the pre-commencement conference, Contractor and City of Palm Desert staff will review the Work Schedule submitted by the Contractor. This schedule will be considered the permanent schedule. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. In addition, Contractor shall submit a weekly report by 1:00 p.m. every Friday showing work performed in the current week and work scheduled for the following week. Failure to submit the required report by 1:00 p.m. every Friday may result in a $250 fine. Contractor shall adhere to the schedule. City of Palm Desert must receive notification of changes at least 24 hours in advance. Reports may be transmitted electronically to either [email protected] or [email protected] or a 439
facsimile (Fax) to 760-341-7098.

22. LICENSE AND CERTIFICATION REQUIREMENTS
Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of any chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use.

At the time that the Proposal is submitted, Contractor shall possess current licensure and certification as follows, and the same shall be maintained current and valid for the term of the contract:

1. C-61, subcategory D-21
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 25, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO CONDOR, INC., FOR THE

PALM DESERT AQUATIC CENTER PUMP ROOM RENOVATION
PROJECT (PROJECT NO. CFA00009)
RECOMMENDATION:

1. Award a construction contract to Condor, Inc., of El Monte, California, in the amount of $647,000, with a 20% contingency of $129,400, for a total not-to-exceed amount of $776,400 to cover unforeseen expenses.

2. Authorize the Director of Finance to appropriate funds from General Fund Facility Reserve to the Interfund Transfer Account (Account Number 1104199-4501000) in the amount of $776,400, and transfer to the Palm Desert Aquatic Center Transfer Account (Account No. 2420000-3910000).

3. Authorize the appropriation of $776,400 to the Palm Desert Aquatic Center Capital Improvement Account (Account No. 2424549-4400100).

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

5. Authorize the City Manager to execute the agreement, change orders up to the contingency amount, and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

The Palm Desert Aquatic Center (PDAC) was constructed in 2011 as a public recreational amenity for residents and visitors. The facility features three separate pools, each designed to serve a range of community programming and recreational needs:
 Lap Pool: 887,000 gallons; 50 meters in length; depth up to 15 feet. Amenities include diving boards, a climbing wall, a floating obstacle course, and lanes for lap swimming and water fitness programs.
 Recreation Pool: 190,000 gallons; zero-depth entry to a maximum depth of five feet.

Includes a rope swing, dual water slides, and designated areas for swim instruction and recreational use.
 Splash Pool: 13,000 gallons; uniform one-foot depth. Designed for young children, the pool includes a water playground for safe and interactive play.

The facility has been operated and maintained by the Family YMCA of the Desert since its opening. Most of the equipment needed to operate the pools is located in the facility’s pump room. Currently, the pump room houses three filtration systems, five heaters, and various pumps and controllers. This equipment has run 24 hours a day, seven days a week, since it was commissioned, with the exception of the heaters, which are only operated in the winter. Due to 441
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the extensive use, extreme desert climate, and normal wear and tear, the equipment has reached the end of its useful life and must be replaced. Evidence of this emerged at the start of this year’s recreational swim season, when the lap pool required temporary closures over several days, leading to a modified operating schedule to allow for water clarity to improve.

Preparation for the renovation project began in July 2024, when City staff issued a Request for Proposals (Project ID# 2024-RFP-126) for engineering and design services to renovate the pump room and replace the original equipment. On September 12, 2024, the City awarded a contract to Rogers, Stringer & McClelland, Inc. (RSM, Inc.). The scope of work included assessment and data collection, feasibility and alternatives analysis, preliminary and final engineering, bidding support, and construction engineering services.

RSM, Inc. subsequently prepared the final construction documents and specifications and assisted staff in assembling the bid package, including contractor qualification requirements specific to the project’s specialized needs (i.e., aquatic facility renovations, specialized plumbing, and equipment).

Project Description:

The project will renovate the existing pump room by removing and replacing three pool filtration systems, removing five heaters and replacing them with four higher-efficiency heaters, removing and replacing six strainer baskets, replacing two pumps, and reconfiguring the pump room, including plumbing and fixtures to optimize space and efficiency in operations. The purchase of the pump room equipment was authorized by the City Council on August 28, 2025. These upgrades will ensure the efficient and reliable operation of the aquatic facility’s pools Request for Bids:

The project was advertised via the City’s bid portal, OpenGov, (Project ID# 2025-NIB-205), and three bids were received electronically on August 28, 2025:

Contractor Location Base Bid
Condor, Inc. El Monte, CA $647,000
California Waters Yorba Linda, CA $710,300
California Commercial Pools, Inc. Glendora, CA $1,298,000.

Staff have reviewed the bid documents and determined that the bid submitted by Condor, Inc., is the lowest responsive bid and in compliance with all specifications, including all required forms.

Based on this review, staff recommend awarding the construction contract to Condor, Inc.

Due to the elevated cost of construction materials associated with this project, staff is recommending approval of a 20% contingency rather than the standard 10%. This higher contingency will help ensure adequate funding is available to address unforeseen needs for additional supplies or labor, thereby minimizing the risk of project delays that could otherwise extend the closure of the aquatic center.

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

FINANCIAL IMPACT:

Budget totaling $1,620,145 for Palm Desert Aquatic Center Improvements, which includes the Pump Room Renovation, are included in the Fiscal Year 2025-26 Financial Plan and Capital Improvement Project (CIP) List under Account No. 2424549-4400100. However, funds are fully encumbered due to projects currently in process. Therefore, an appropriation of $776,400 is necessary from the General Fund Facility Reserve Funds to complete the construction portion of the project.

The table below outlines the budget and expenses related to the Palm Desert Aquatic Center Improvements Project:

Authorized/Requested Budgets Date
Authorized
Total
2424549-4400100 FY 2025/26 $300,000
Carryover FY 2025/26 $320,145
Appropriation 08/28/2025 $1,000,000
*9.28.25 Appropriation Pending $776,400
Total Budget $2,396,545
Authorized Expenditures Date
Authorized
CIP
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RSM, Inc. (Pump Design #A48350) 09/12/2024 $65,000
RSM, Inc. (Pump Contingency A48350) 09/12/2024 $15,000
RSM, Inc. (PDAC Improv Design A49190) 04/22/2025 $58,000 RSM, Inc. (PDAC Improv Conting A49190) 04/22/2025 $10,000 Horizon Lighting (Generator Install) 05/13/2025 $85,968 Knorr Systems (Circulation Pump) 08/13/2025 $70,369
Knorr Systems (Equipment Purchase) 08/28/2025 $989,206
Knorr Systems (Equipment Contingency) 08/28/2025 $15,000 Fence Improvements Pending $150,000
HVAC Replacements Pending $50,000
Resling Chairs Pending $25,000
Roof Access Ladder Pending $25,000
Turbochef Pending $50,000
*Construction: Condor, Inc. Pending $647,000
*20% Contingency Pending $129,400
Total Est. Expenditures $2,884,543
Remaining Project Budget Available $11,602
*This request
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An additional appropriation is anticipated in the amount of $500,000 for concrete work associated with this project. The concrete replacement is currently out to bid, with a construction award anticipated in October. At that time, staff will return to the City Council to request approval of the contract award, and any additional budget appropriation required. Any unused contingency from this phase will be reallocated to support the remaining improvement items, thereby potentially reducing the total appropriation request at that time.

ATTACHMENTS:

1. Construction Contract

2. Contractor Bid

3. Payment and Performance Bond Forms

4. Vicinity Map
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CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 25th day of September, 2025, 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 Condor, Inc., a Corporation, with its principal place of business at 3000 Durfee Avenue, El Monte, CA 91732 ("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:

Palm Desert Aquatic Center Pump Room Renovation Project Project No. CFA00009
(hereinafter referred to as “the Project”).

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.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions provided in the Contract Documents, and including all applicable taxes and costs, the sum of Six Hundred Forty-Seven Thousand and 00/100 Dollars ($647,000.00).

Payment shall be made as set forth in the General Conditions. The City will pay the 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 everyday 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 445
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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
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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.

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 447
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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 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. 448
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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.

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:

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. Fidelity Coverage. Reserved.
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7. Pollution Liability 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.

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 450
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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 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 451
Contract No. ___________
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BBK 72500.00001\32374943.1
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, 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.

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.

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. Selfinsurance 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 452
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9 Revised 01-2024
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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.
[SIGNATURES ON FOLLOWING PAGE]
453
Contract No. ___________
10 Revised 01-2024
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND CONDOR, 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:

Chris Escobedo
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
CONDOR, INC., A CORPORATION
By:

Frederick Weiss
President
By:

Earl Weiss
Treasurer/CFO
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
___________
Initial Review
____________
Final Approval
____________
Bonds
454
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[CONDOR, INC.] RESPONSE DOCUMENT REPORT
NIB No. 2025-NIB-205
Palm Desert Aquatic Center Pump Room Renovation
RESPONSE DEADLINE: August 28, 2025 at 5:00 pm
Report Generated: Friday, August 29, 2025
Condor, Inc. Response

CONTACT INFORMATION
Company:

Condor, Inc.

Email:
[email protected]
Contact:

Doug Havens
Address:
3000 Durfee Ave
El Monte, CA 91732
Phone:
(626) 455-0050 Ext: 1005
Website:

N/A
Submission Date:

Aug 28, 2025 4:01 PM (Pacific Time)
455
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 28, 2025 11:19 AM by Doug Havens
Addendum #2
Confirmed Aug 28, 2025 11:19 AM by Doug Havens
Addendum #3
Confirmed Aug 28, 2025 11:19 AM by Doug Havens
Addendum #4
Confirmed Aug 28, 2025 11:19 AM by Doug Havens
Addendum #5
Confirmed Aug 28, 2025 11:19 AM by Doug Havens

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 ID 2025-NIB-205and 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. 456
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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.

A. 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
B. 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. 457
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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. Lump Sum Pricing Proposal*
Please submit your lump sum proposal based on the plans, specifications, and contractor requirements _Condor_Proposal_-_Palm_Desert_Pump_Room_Renovation.pdf

4. 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.

Hard Copy Original Bid Bond (delivered before bid submittal deadline) 458
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5. 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: No response submitted
Vendor ID: No response submitted

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

United Fire & Casualty Company
Click to Verify Value will be copied to clipboard

7. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

DESIGNATION_OF_SUBCONTRACTORS_Condor.pdf

8. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

BIDDER_INFORMATION_AND_EXPERIENCE_FORM_CONDOR.pdf

9. NON-COLLUSION DECLARATION*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. 459
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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

10. 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/Public-Works/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. 460
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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 nonresponsive.

Confirmed

11. 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. 1000004667
Click to Verify Value will be copied to clipboard

12. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 812288
Click to Verify Value will be copied to clipboard

13. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* 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

14. 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 461
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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.

15. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.

Condor_Fleet_Letter_250828.pdf

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

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

Condor, Inc.

Click to Verify Value will be copied to clipboard

18. How many years has Bidder’s organization been in business as a Contractor? * 23 19. 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
462
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5. Phone Number
Corporation (C-Corp): Requires two signatures from authorized officers— one from President or Vice President, and the other from the Secretary or Treasurer.

An alternate signatory may be used if authorized by a Notarized Corporate Resolution or Article of Authority.

LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.

Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.

Earl Weiss, Secretary/ Treasurer/ CFO, 3000 Durfee Ave., El Monte, CA 91732, [email protected], P.626-455-0050 Ext. 1012 Frederick Weiss, President, 3000 Durfee Ave., El Monte, CA 91732, [email protected], P.626-455-0050 Ext. 1010

20. 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

21. Lump Sum Proposal*
Please submit your lump sum proposal based on the plans, specifications, and contractor requirements. _Condor_Proposal_-_Palm_Desert_Pump_Room_Renovation.pdf 463
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PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Lump Sum Pricing Proposal 1 Each $647,000.00 $647,000.00 TOTAL $647,000.00
464
Condor, Inc. 3000 Durfee Ave, El Monte, CA 91732
Phone: (626) 455-0050  Fax: (626) 455-0070
[email protected]CSLB No. 812288 A, B, C53 DIR #1000004667 Commercial Aquatic Facilities

PROPOSAL
Bid Date: August 28, 2025
Bid Time: 5:00pm
Palm Desert Aquatic Center
73751 Magnesia Falls Drive
Palm Desert, CA 92260
Project: Palm Desert Aquatic Center Pump Room Renovation Pump Room Repairs
Project Id: 2025-NIB-205
Following is our scope of work:

OVERVIEW
Furnish and install all supervision, labor, material, equipment, machinery and management to renovate the pump room at your facility. The work is priced per the scope below. Our work includes start-up, instruction of owner’s personnel, and warranties. Our price is based on the onsite visit and project documents provided for the bid.

SCOPE OF WORK
Per Project Bid Documents
PRICE
ITEM Description Total
1 PUMP ROOM RENOVATION LS $ 647,000

EXCLUSIONS& CLARIFICATIONS
Per Project Bid Documents
465

DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number

NONE
466
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number

(Attach additional sheets if necessary)
467

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
Condor, Inc. Corporation
3000 Durfee Avenue
El Monte, CA 91732 626-869-5123 626-455-0050 [email protected] 23 years23 years N/A 5/1/2002 California Frederick Weiss Earl Weiss Earl Weiss Earl Weiss 468

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________

12.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Construction & Renovation of Aquatic Facilities including Commercial Swimming Pools, Spas, Water Features, Water Play Areas, Commercial Decorative Fountains NONO Aquatic Design Group - Dennis Berkshire O: 760-685-0784, [email protected] PoolCorp. -Stephanie Gustin, O: 985-263-0150, C: 909-214-4419, [email protected] Harrington Plastics- Cindy Fedele, O: 909-597-8641, [email protected] 469
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work

Please See Attached: Exhibit A
470
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work

Please See Attached: Exhibit B
471
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Please See Attached: Exhibit C
472
E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
Please See Attached: Exhibit D
473
Condor, Inc.

Work in Progress EXHIBIT A
Project Name Project Description
Contract
Amount Owner Architect
Architect
Contact
Architect
Phone Architect Email % Complete
Scheduled
Completion
Balance to
Complete
Coronado NAB Pool Major Pool Renovation 3,159,000 NAVFAC Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 45% Dec 2025 1,737,450 Granada Hills Aquatic Center New Competition Swimming Pool 3,434,000 City of LA Dept of Rec & Parks Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 98% Sep 2025 68,680 Huntington Park HS Aquatic Center New Competition Swimming Pool 2,029,634 LAUSD Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 99% Sep 2025 20,296 Lake Cahuilla Veterans Regional Park Modernization Major Pool Renovation 1,053,000 Riverside County Regional Park Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 70% Oct 2025 315,900 Nogales HS Aquatic Center New Competition Swimming Pool 4,080,000 Rowland USD Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 45% Oct 2025 2,244,000 Port Damage (Hueneme) Trainer Pool Repair Design-Build Training pool 1,725,000 NAVFAC Southwest Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 20% Jun 2026 1,380,000 USC Football Performance Center New Hydrotherapy Pools & Equipment 2,540,873 USC Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 22% Feb 2026 1,981,881 474
Condor, Inc.

PROJECT REFERENCE LIST (3-
Year)
Exhibit B
Project Name
Project Description P=Commercial
Swimming Pool, R=Commercial
Pool Renovation,
F=Fountain/Water Feature OWNER
Final Contract
Amount
General Contractor/Construction
Manager/ Owner Contact GC PMgr PHONE GC PMgr Email Architect Architect Contact Architect Phone Architect Email Completion
Date
29 Palms Major Pool Repair R NAVFAC Southwest $981,000.00 West Development, Inc. Josh Anderson 760-390-5755 [email protected] USMC Engineering Branch 8/15/2025 Chaffey HS Scoreboard R Chaffey Joint Union High School District $2,603,602.16 Tilden Coil Lisa Griffin 909-460-5689 [email protected] Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 1/5/2024 Chapman P Chapman University $697,200.00 Chapman University Evan Spotswood 714-997-6658 [email protected] Rogers Stringer & McClelland, Inc. Bernard Rogers 925-217-6620 [email protected] 12/11/2023 Chino HS P Chino Valley Unified School District $3,098,000.00 Balfour Beatty Construction Frank Camacho 949-236-0961 [email protected] Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 8/12/2024 Crawford Pool Re-Plastering and Deck Renovation R UC Irvine $823,000.00 UCI Amirreza Anvarhossein 949-343-5375 [email protected] Jones and Madhavan Doug Jones 805-777-8449 [email protected] 10/29/2024 Delano P City of Delano $2,641,682.37 Bowe Contractors Inc Greg Willcut 661-858-8878 [email protected] Water Technology, Inc Scott LeMonds 920-210-2193 [email protected] 6/12/2024 Fillmore Aquatic Center R City of Fillmore $416,979.04 City of Filmore Mario Cisneros 805-585-0724 [email protected] Aquatic Design Group Greg Cannon 760.444.8302 [email protected] 8/16/2023 Intuit Dome P Murphy's Bowl LLC $5,368,885.00 AECOM Turner Mala Patel 310-654-4016 [email protected] Counsilman-Hunsaker Jeff Nordorft 314-276-9503 [email protected] 5/9/2025 La Canada High School P La Canada USD $2,364,000.00 Hamel Contracting Inc Gavin Wakefield 951.600.2783 [email protected] Aquatic Design Group Dennis Berkshire 760-685-0783 [email protected] 11/7/2023 McCambridge Park Pool Repair R City of Burbank $793,000.00 City of Burbank Damian Skinner 818-391-9000 [email protected] Aquatic Design Group Michelle Gable 760.637.7851 [email protected] 1/17/2025 MCRD Marine Corps Recruit Depot P NAVFAC Southwest $2,486,620.00 Heffler Contracting Group Jesse Tovar 619-933-3580 [email protected] Sillman Architectural Mark Baker (619) 294-7515 [email protected] 6/30/2023 MSMU Mount Saint Mary's University P Mount Saint Mary's University $1,579,000.00 Illig Construction Co Troy Sommo 951-212-0043 [email protected] Aquatic Design Group Dennis Berkshire 760-685-0784 [email protected] 12/13/2024 Park La Brea Replaster R Prime Park La Brea Titleholder, LLC $450,000.00 Prime Group Sara Hartley 323-459-7104 [email protected] In-house N/A N/A N/A 2/21/2025 Camp Pendleton P Department of the Navy $5,252,369.00 RQ Construction LLC Clint Petit 760-310-2808 [email protected] Aquatic Design Group Gregory S. Ferrell 760-444-8312 [email protected] 8/14/2025 Pendleton Plaster R Department of the Navy $634,724.00 Heffler Contracting Group Casey Judge 619-933-5249 [email protected] USMC Engineering Branch 2/28/2025 Rancho Santiago R Rancho Santiago Community College District $413,955.00 Rancho Santiago CCD Erik Martinez 714-300-3369 [email protected] Rogers Stringer & McClelland, Inc. Bernard Rogers 925-217-6620 [email protected] 9/20/2023 Rancho Simi P City of Simi Valley $1,591,934.00 Rancho Simi Recreation & Park District Douglas Duran 805-584-4480 [email protected] Jones & Madhavan Nachi Madhavan 805-777-8449 x
102 [email protected] 4/15/2024
Robinson Park P City of Pasadena $1,039,000.00 Hamel Contracting Inc Kimberly Riley 951-600-2783 ext. 136 [email protected] Aquatic Design Group Dennis Berkshire 760-438-8400 [email protected] 10/1/2023 Saddleback College Swimming Pool Refurbishment R Saddleback $1,474,377.00 Newman Midland Corp. Adam Nassary 562-494-1773 [email protected] Aquatic Design Group Dennis Berkshire 760-685-0784 [email protected] 11/22/2023 San Clemente R City of San Clemente $616,000.00 PDM Consulting Inc Pieter De Monchy 760-333-7927 [email protected] John Bates associates Architecture & Land Planning Johne Bates 949-455-9301 1/31/2024 Santa Ana Zoo Giant River Otter & Primate Trails P City of Santa Ana $1,598,000.00 G. B. Cooke, Inc. George Cooke 626-945-7830 [email protected] TJP Engineering Nicole Nuccitelli 818-497-6223 [email protected] 3/29/2024 SLO ASI Leisure Pool R
Board of Trustees of the California State
University California Polytechnic State $506,000.00 Cal State Poly Luis Mejia Jr. 805.503.5368 [email protected] Aquatic Design Group Gregory S. Ferrell 760-444-8312 [email protected] 4/1/2024 South El Monte R City of South El Monte $618,026.00 City of South El Monte Danilo Batson 626-374-1799 [email protected] Condor- In House 7/18/2025 475
Condor, Inc.

DENNIS McCORMICK

JOBSITE PROJECT MANAGER / SUPERINTENDENT

AREAS OF EXPERTISE
Over 47 years of Commercial Construction experience. Project Manager and Superintendent for Condor Inc., a major commercial pool builder. Specialization in public works Swimming Pool projects for cities, schools and parks. Expertise includes supervision and construction management.

RECENT PROJECTS OVER $1,000,000.-
Project Name City OWNER
Final Contract
Amount
Chaffey HS Scoreboard
Ontario and
Rancho
Cucamonga
Chaffey Joint Union High School
District $2,603,602.16
Chino HS Chino
Chino Valley Unified School
District $3,098,000.00
Crawford Pool Re-Plastering and
Deck Renovation Irvine UC Irvine $823,000.00
La Canada High School La Canada La Canada USD $2,364,000.00 MSMU Mount Saint Mary's
University Los Angeles Mount Saint Mary's University $1,579,000.00 Rancho Simi Simi Valley City of Simi Valley $1,591,934.00 Robinson Park Pasadena City of Pasadena $1,039,000.00
Saddleback College Swimming
Pool Refurbishment Long Beach Saddleback $1,474,377.00
Santa Ana Zoo Giant River Otter
& Primate Trails Santa Ana City of Santa Ana $1,598,000.00

EXHIBIT C
476

EXHIBIT D
477
Management Bios
Fred Weiss – President
Fred, co-founder, brings over thirty years of construction management experience and knowledge to ensure each project’s successful and timely completion. His expertise includes engineering, design, estimating, bidding, negotiating and evaluating of contracts, supervision and management of construction, scheduling, purchasing, and change order analysis. Prior to founding Condor, Fred was a part owner and project manager at another firm specializing in swimming pool construction, and previously worked as an aerospace engineer developing radar systems for Hughes Aircraft. Fred is a Registered Civil Engineer, license #49856, and is bilingual (Spanish). Fred received his B.A. in Mathematics from Pomona College, and his M.S. in Applied Mechanical Engineering Science from the University of California, San Diego. [email protected]
Earl Weiss – Chief Financial Officer
Earl, co-founder, is a veteran business executive with experience in small to mid-sized firms both in the U.S. and abroad. He is focused on ensuring excellence in day to day administration and financial management for the benefit of our clients and our staff. His expertise includes estimating, bidding, negotiating and evaluating of contracts, supervision and management of construction, scheduling, accounting, legal, back-office management, purchasing, and change order analysis. Earl’s prior experience includes import-export, retail management and ownership in a swimming pool construction firm. Earl is also an accomplished graphic illustrator and is bilingual (Spanish). Earl holds a B.A. in Business Administration from the University of California, Santa Barbara.
[email protected]
Janice Ohta – Chief Executive Officer
Janice, founding investor, is a seasoned executive with experience managing and consulting with companies ranging from small early-stage startups to large international corporations. The industries for which she has worked or consulted include biotechnology, life science venture capital, aerospace, high end retailing, and construction. Janice is committed to ensuring that Condor, Inc. sets and meets the highest standards in all aspects of our business from operations to administration so that Condor can deliver the best quality work for our clients. Janice holds a B.A. from the University of California, San Diego and an M.B.A. from the University of California, Los Angeles. [email protected]
478
Condor, Inc. founded in 2002, is a recognized leader in the construction of commercial aquatic facilities and is expanding into infrastructure work with federal, state or municipal organizations. Condor has a reputation for excellent work, innovative design, timely schedules, jobsite safety and experienced crews. Our team of project managers, superintendents and administrative staff are committed to delivering the highest quality work through exceptional workmanship, extraordinary service, attention to detail and professional integrity. At Condor, we are proud to collaborate with architects, owner’s representative and subcontractors to provide the highest value to our clients.

Primary Services
• Competition swimming pools
• Recreational aquatic facilities
• Water and play parks
• Fountains
• Inland Marine
Differentiators
NAICS
Diversity Certifications
SBE – SBA #1729707, CalTrans Small Business #1729707
WBE/WOSB - (NWBOC) CPS11411 and WOSB11412
MBE – Southern California Minority Supplier Diversity Council SC07475 On Time Schedules
On Budget Projects
Exceptional Workmanship
Experienced Crews
Attention to Detail
Professional Integrity
238990
238110
237110
238140
237310
541330
Licenses
California License #812288 A, B, C-53
Nevada License #74996 A
479
Orange Coast College
Kinesiology & Aquatic Center
Project Details:
• One (1), 50 Meter Competition Swimming
Pool
• 16,010 SQ. FT.
• Two (2) Floating Bulkheads
• Diving Area
• Deep Trough Gutter System
• Competitive Timing System and Scoreboard
• One (1), Instructional Swimming Pool
• 6,156 SQ. FT.
• Rim Flow Gutter System
• 25,000 SQ. FT. of Concrete Pool Deck
480
481
Elk Grove Aquatic Center
Project Details: • One (1), 50 Meter Competition Swimming Pool
• 12,624 SQ. FT. • Diving Area • Deep Trough Gutter System • Competitive Timing System and Scoreboard • One (1), Instructional Swimming Pool • 3,750 SQ. FT. • Rim Flow Gutter System • One (1), Recreational Swimming Pool • 6,196 SQ. FT. • Rim Flow Gutter System • Lazy River • Play Features • 40’ Tower and Slides 482
483
San Jose State University
Student Recreation and Aquatic
Center
Project Details:
• One (1), 50 Meter Competition Swimming
Pool
• 12,322 SQ. FT.
• Diving Area
• Deep Trough Gutter System
• Competitive Timing System and Scoreboard
• One (1), Activity Pool
• 6,973 SQ. FT.
• Rim Flow Gutter System
• 19,300 SQ. FT. of Concrete Decks
484
485
Torrance Aquatic Center
Project Details:
• One (1), 50 Meter Competition Swimming
Pool
• 14,838 SQ. FT.
• Deep Trough Gutter System
• Competitive Timing System and Scoreboard
• 31,800 SQ. FT. Concrete Deck
486
487
Crafton Hill College
Project Details:
• One (1), 50M Myrtha Competition Swimming Pool
• Perimeter Overflow
• One (1) Bulkhead
488
489
City of Long Beach
Belmont Outdoor Pool
Project Details:
• One (1), Myrtha Competition Pool
• 13,535 SQ. FT.
• 592,000 GAL.
• Perimeter Overflow
• One (1) Moveable Bulkhead
490
491
California State University
Fullerton
Project Details:
• One (1), 50M Competition Pool
• 12,928 SQ. FT.
• 714,000 GAL.
• Perimeter Overflow
• One (1) Moveable Bulkhead
492
493
Michelle and Barack Obama
Sports Complex
Project Details:
• One (1), Competition Pool
• 7,882 SQ. FT.
• 378,000 GAL.
• Perimeter Overflow
• 1M Diving Board
494
495
Chaffey Unified—Los Osos and
Colony High School
Project Details:
• Two (2), Competition Pools, Mechanical
Rooms and Decks
• 26,148 SQ. FT. OF POOLS
• 27,303 SQ. FT OF DECKS
• 1,057,000 GAL. OF WATERS
• Perimeter Overflow
496
497
MCB Camp Pendleton — CTT and
UET Tanks
Project Details:
• Two (2), Training Tanks, One Combat
Training Tank, and One Underwater Egress
Tank, + Mechanical Rooms
• 13,554 SQ. FT. CTT POOL
• 2,550 SQ. FT. UET POOL
• 1,154,000 GAL. OF WATERS
• Rim Flow Gutter Overflow
• CTT Pool has a 16' deep diving area, toe
ledge, 27 racing lanes, state of the art Mechanical System. • UET Pool has a 12' deep end, toe ledge,
state of the art Mechanical System.
498
499
500
Condor, Inc.
3000 Durfee Avenue, El Monte, CA 91732
626.455.0050 phone 626.455.0070 fax
www.condor-inc.com [email protected]
501
Condor, Inc. 3000 Durfee Ave, El Monte, CA 91732
Phone: (626) 455-0050  Fax: (626) 455-0070
[email protected]CSLB No. 812288 A, B, C53 DIR #1000004667 Commercial Aquatic Facilities
Fleet Compliance
August 28, 2025
Condor, Inc. does not maintain a Fleet of Vehicles and therefore does not fall under the Regulation and is Exempt from the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024
Please feel free to contact us at (626) 455-0050 if you have any questions.

Sincerely,
Earl Weiss
502
Condor, Inc. 3000 Durfee Ave, El Monte, CA 91732
Phone: (626) 455-0050  Fax: (626) 455-0070
[email protected]CSLB No. 812288 A, B, C53 DIR #1000004667 Commercial Aquatic Facilities

SCOPE OF WORK
Per Project Bid Documents
PRICE
ITEM Description Total
1 PUMP ROOM RENOVATION LS $ 647,000

EXCLUSIONS& CLARIFICATIONS
Per Project Bid Documents
503
504
505
506
507
508
509
Copyright © 2025 State of California
Home | Online Services | Insurance Company Search | Details  Surety Company Information
Surety Company
Code
G72
Company
Information

UNITED FIRE & CASUALTY COMPANY
P O BOX 73909
CEDAR RAPIDS IA 52407
(866) 609-4943
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8/29/25, 12:28 PM Insurance Company Details
https://cslb.ca.gov/OnlineServices/InsuranceSearch/INSDetail.aspx?Action=INSDETIC&Code=G72 1/1 510
Contract No. ___________
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 Condor, Inc., (hereinafter referred to as the “Contractor”) an agreement for Palm Desert Aquatic Center Pump Room Renovation Project (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 13, 2025, (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, Condor, 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 Six Hundred Forty-Seven Thousand Dollars and 00/100, ($647,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such 511
Contract No. ___________
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]
512
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
513
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
514
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.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
515
Contract No. ___________

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 25, 2025, has awarded to Condor, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Palm Desert Aquatic Center Pump Room Renovation 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 13, 2025, (“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 Six Hundred Forty-Seven Thousand Dollars and 00/100, ($647,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 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 516
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]
517
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
518
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
519
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
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Palm Desert Aquatic Center
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VICINITY521 MAP
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 25, 2025
PREPARED BY: Chris Gerry, Senior Project Manager
SUBJECT: PUBLIC ELECTRIC VEHICLE CHARGING STATIONS: TERMINATE

AGREEMENTS AND ESTABLISH A SITE LICENSE PROGRAM
RECOMMENDATION:

1. Terminate agreements and responsibilities for all 18 electric vehicle (EV) charging stations, including five on non-City property and 13 on City-owned or managed property.

2. Establish a site license program to attract private EV charging operators to install, operate, and maintain EV charging stations on City-owned and/or managed property.

BACKGROUND/ANALYSIS:

Overview:

This following recommendations are intended to enhance and advance the City of Palm Desert’s (City’s) electric vehicle (EV) charging program. Although installation of the stations was largely funded through grants, the City remains responsible for ongoing operations and maintenance at stations on City-owned or managed property. These expenses total nearly $50,000 annually and represent a recurring General Fund obligation.

With contractual agreements for station participation now expired, the City is now in position to reconsider its role in providing public EV charging services. Based on input from the Resource Preservation and Enhancement Committee (RPEC) and the Active Transportation Program (ATP) Subcommittee, staff recommends terminating agreements and responsibilities for all 18 stations—five on non-City property and 13 on City-owned or managed property. In lieu of continued City operation, staff further recommends establishing a site license program to provide a replacement model in which private operators install, operate, and maintain EV charging stations on City-owned property.

The recommended approach would eliminate the City’s ongoing financial and operational responsibilities while maintaining opportunities for EV charging through privately managed stations on City property.

History:

Since Fiscal Year (FY) 2013-14, the City has installed EV charging stations at select locations throughout the community, with installation costs funded through various grant programs. The City currently manages 18 EV charging stations across 10 sites, which include City-owned facilities, private developments, and educational institutions. Of these, 10 stations are located on City property, while the remaining eight are situated on partnering host sites. A map of all EV charging stations is provided as Attachment 1, and an inventory is included as Attachment 2. 523
City of Palm Desert
EV Charging Stations

Page 2 of 4 ends

Maintenance and Operation:

The City currently manages three types of EV charging equipment, each with differing operating models and maintenance responsibilities: Clipper Creek, ChargePoint, and EVGO. Of the 18 EV charging stations in the City’s inventory, 13 are currently operational.

The Clipper Creek Equipment (seven stations) is maintained by the City through a local electrician. Common issues include damaged or bent prongs, hose replacements, and occasional electrical panel upgrades. Because these stations are not cloud-connected, problems are typically identified through routine checks or user reports. Currently, six of seven stations are operational.

The ChargePoint Equipment (10 stations), by contrast, is networked and operates through a cloud-based service. While the technology allows remote monitoring, all repair costs remain the City’s responsibility. The repair process can be time-consuming. Once a remote diagnostic is completed, a third-party technician is dispatched to the site. If new issues are identified during the visit that weren’t included in the original work order, a second visit must be scheduled, often delaying resolution. As a result, repairs typically take one to two months to complete. Frequent maintenance needs include replacing faulty headlamps, installing updated components to match evolving software requirements, and making electrical upgrades to ensure system compatibility.

Currently, six of 10 stations are operational.

The EVGO Equipment (one station) located at Palm Desert Civic Center (Civic Center) is maintained by the vendor and does not require City support. This fast-charging unit remains in good working order and has not presented any significant maintenance concerns to date. The vendor was previously contacted about managing additional stations but previously expressed no interest in expanding their role.

City Stations Clipper Creek ChargePoint EVGO Total
Operational 6 6 1 13
Non-Operational 1 4 5
Total 7 10 1 18
Associated Costs:

Although the City’s public EV charging stations were initially installed at no cost through grant funding, their continued operation represents an ongoing fiscal responsibility. Annual costs for electricity, software, and maintenance total approximately $49,300 in FY 2024-25.  Electricity: Of the City’s 18 stations, 17 remain publicly accessible at no charge to users.

The City directly covers electricity costs for 12 stations located at the Civic Center and Presidents’ Plaza parking lots, totaling approximately $35,400.  Software: Ten stations use ChargePoint networked equipment, requiring a cloud-based subscription for remote monitoring and usage reporting. The City’s subscription cost is approximately $5,900 annually.
524
City of Palm Desert
EV Charging Stations

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 Maintenance: The City maintains 17 stations, with typical expenses for hardware repairs, component replacement, and technician services totaling about $8,000.00 annually. This does not include additional staff time required for coordination with contractors and thirdparty service providers.

Request for Proposals:

In October 2023, the City issued a Request for Proposals (RFP) to evaluate its public EV charging program and explore alternative operating models. The RFP sought qualified vendors to assess all existing stations, provide recommendations for replacement or decommissioning, and identify potential new locations within the public right-of-way.

By the deadline of November 9, 2023, the City received seven proposals and subsequently interviewed three firms on December 4, 2023. From these, two firms with distinct operating models were identified as the most competitive.

Preliminary findings were presented to RPEC on February 26, 2024. At that time, RPEC expressed limited interest in the proposed models and recommended that the City avoid incurring electricity or installation costs and not assume responsibility for stations located on non-City property (Attachment 3). The ATP Subcommittee concurred with these recommendations on July 31, 2025.

Because several station agreements remained active until April 30, 2025, the City’s ability to act was limited. With all contractual obligations now expired, the City has the opportunity to pursue a new strategy for future EV charging station management.

Recommendations:

Based on best practices and input from RPEC and the ATP Subcommittee, staff recommends the following approach for EV charging management.

1. Terminate agreements and responsibilities for all 18 EV charging stations, including 5 on non-City property and 13 on City-owned or managed property.

Staff recommends eliminating the City’s recurring responsibility for station operations including electricity, software, and maintenance expenses.

In cases where a host site declines to assume responsibility, the City will incur a one-time expense estimated between $500 and $2,000 for site restoration following equipment removal. Although this would represent a short-term cost, it is significantly less than the City’s current annual General Fund obligation.

If Council elects to terminate the City’s responsibilities, existing stations on City property could remain in service until a potential site license program (below) is established, ensuring a seamless transition from a free service to a vendor-managed paid model. For Presidents’ Plaza I-II and III, the City will approach property owners to determine whether they are interested in retaining the stations and absorbing the associated electricity costs through their existing assessment districts during the next renewal in 2026 and 2027. 525
City of Palm Desert
EV Charging Stations

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2. Establish a site license program to attract private EV charging operators to install and maintain stations on City-owned or managed property.

Staff recommends pursuing a site license program that would shift responsibility for equipment, installation, and ongoing maintenance to private operators on City-owned or managed property. This approach would eliminate direct City costs while ensuring EV charging remains available at key public sites.

Locations such as the Civic Center or other high-demand areas could be marketed to vendors as turnkey opportunities, with users paying directly for charging services. Although interest from the private sector is not fully known, implementing this model would allow the City to test the viability of vendor-managed charging while reducing General Fund exposure. Under this approach, staff would return to the City Council with a recommended operator in the future, once proposals have been received and evaluated.

Legal Review:

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

FINANCIAL IMPACT:

Ending operations under the current model would eliminate approximately $49,300 in recurring annual General Fund expenses associated with electricity, software subscriptions, and maintenance of the City’s EV charging stations. To implement this transition, the City may incur a one-time cost for equipment removal and site restoration, estimated to range between $15,000 and $25,000 depending on the number of stations decommissioned and site-specific conditions.

ATTACHMENTS:

1. Location Map

2. Charging Station Inventory

3. RPEC Minutes (February 26, 2024)

4. EV Charging Stations Presentation
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Attachment 1
EV Charging Station Location Map
Stations (City Property)
Stations (Non-City Property)
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Attachment 2
Charging Station Inventory
Company Level Quantity Address Location Description Status ChargePoint 2 1 43-500 Monterey
Ave, Palm Desert,
CA 92260
College of the Desert (Next to
Communication Building, near
Monterey Entrance)
Operational
ChargePoint 2 1 72399 Hwy 111,
Palm Desert, CA
92260
Desert Crossing Shopping
Center (South of DSW Shoes)
Powered off at property
owner's request
ChargePoint 2 1 73833 ½ Hwy 111,
Palm Desert, CA
92260
Presidents Plaza East
(Behind Babaloos)
Operational
ChargePoint 2 1 73703 ½ Hwy 111,
Palm Desert, CA
92260
Presidents Plaza West
(Behind Casuelas Café)
Operational
ChargePoint 2 1 73170 ½ El Paseo,
Palm Desert, CA
92260
Presidents Plaza III
(Between Kitchen 86 & JC's
Patio Café)
Powered off/damaged by
vehicle; needs reinstallation
& electrical repairs;
contractor preparing quote.

ChargePoint 2 1 75080 Frank
Sinatra Dr, Palm
Desert, CA 92211
UC Riverside's Palm Desert
Campus (North Parking lot)
Operational
ChargePoint 2 2 72-840 Hwy 111,
Palm Desert, CA
92260
Westfield Mall (1st floor of each
of 2 parking structures)
One operational & needs
repairs to handle;
contractor preparing quote.

Second powered off at
property owner’s request.

ChargePoint DC
Fast
Charger
2 43900 San Pablo
Ave, Palm Desert,
CA 92260
Civic Center Park (between City
Hall & skate park)
1 working; 2 working at
half-capacity (needs new
headlamp, est. 3 weeks)
Clipper Creek 2 5 43900 San Pablo
Ave, Palm Desert,
CA 92260
Civic Center Park (between City
Hall & skate park)
Operational
Clipper Creek 2 2 43900 San Pablo
Ave, Palm Desert,
CA 92260
Parkview Building
(Front of building in parking lot)
Operational

EVGO DC
Fast
Charger
1 43900 San Pablo
Ave, Palm Desert,
CA 92260
Civic Center Park (between City
Hall & skate park)
Operational & privately
owned & maintained.
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Resource Preservation & Enhancement Committee Minutes February 26, 2024 City of Palm Desert Page 2

ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES

5. ACTION CALENDAR
A. DEVELOPMENT OF AN ARTIFICIAL TURF POLICY
Community Services Manager Shawn Muir provided a staff report and responded to Committee Member inquiries.

Following discussion, MOTION BY COMMITTEE MEMBER MASON, SECOND BY VICE CHAIR BLACKBURN, CARRIED 6-0, to direct staff to develop a policy prohibiting the use of artificial turf on City owned properties and to utilize desert landscaping where necessary.

B. ELECTRIC VEHICLE CHARGING STATION BUSINESS MODELS
Project Managers Kevin Swartz and Chris Gerry narrated a PowerPoint presentation and responded to Committee Member inquiries.

Donald Ziegler, Palm Desert resident, spoke in support of allowing the private sector to implement and manage charging stations and suggested the city encourage residents and business owners to invest in personal charging stations for their homes.

By consensus, the Committee was unsupportive of the City funding the installation and maintenance of electric vehicle charging stations and provided feedback concerning alternative options. No formal action was taken on this item.

C. ESTABLISH 2024/2025 WORKPLAN FOR THE RESOURCE PRESERVATION

AND ENHANCEMENT COMMITTEE
Deputy Director of Economic Development Amy Lawrence provided a staff report and responded to Committee inquiries.

Donald Ziegler, Palm Desert resident, urged the Committee to prioritize and explore alternative energy sources when goalsetting and to work closely with the City Council and City staff on the creation of a Climate Action Plan. *Committee Member Gomez left the meeting at 4:15 p.m.

Following discussion, MOTION BY COMMITTEE MEMBER MASON, SECOND BY VICE CHAIR BLACKBURN, CARRIED 5-0, to adopt the 2024/2025 Workplan for the Resource Preservation and Enhancement Committee consisting of the following priorities:
 Water Conservation
 Sustainable Landscaping
 Energy Conservation
531
532
Electric Vehicle
Charging Stations

C I TY C OU N C I L
AU G U S T 28, 2025
533
Agenda
• Initial Inquires
• Request For Proposal
• Policy Questions
• Considerations
534
Initial Inquiries: Driving the Discussion
What’s the City’s
inventory?
Should charging stations
be on public property?
Should charging
stations be free?
535
Charging
Station
Inventory
• How many stations?
• Total: 18
• Are the stations free or paid?
• Free: 17
• Paid: 1
• Are the stations operable?
• Operable: 15
• Inactive/needs repairs: 3 536
Charging
Station
Locations
537
• Do City’s provide charging stations?
• Yes, mostly at public facilities
• What type of public facilities?
• City halls
• Parks
• Community centers
• Municipal parking structures
Public Property Charging
538
Charging Costs
Should charging stations be free?
Initially, many charging stations were free to
encourage adoption of electric vehicles, but…
As the EV market matures & demand grows, there
has been a shift towards cost-based charging models.

Why charge?
To cover infrastructure expenses &
ensure program sustainability.

How much does the City pay annually?
Approximately $49,300.
539
Request For Proposal (RFP)
540

INITIAL COSTS / NO ADVERTISING NO COSTS / ADVERTISING
RFP: Business Models
541
RFP: RPEC Comments
The City should not pay for electricity.

The City should not pay for installation & maintenance costs.

The City should not be responsible for charging on Non-City property.

The City should not advertise on charging stations.
542
Policy Questions
543
Policy Questions
• Does the City want to continue providing public EV charging services? If yes, does the City…
• Want to continue subsidizing electricity costs for users, or transition to a user-pay model?
• Want to fund the replacement of EV charging infrastructure? • Want to continue to operate & maintain EV charging stations located on non-City property?
544
Considerations
• Continue or discontinue EV charging stations on non-City property. • Property owners may convert to a user-pay model at own expense. • City restores to previous condition at City expense.
• Continue or discontinue free public charging at City expense. • Five charging stations could be converted to a user-pay model. • Develop a Site License Program to replace EV charging stations. • Turnkey operation at vendor’s expense.
• Convert EV charging stations to user-pay model at City expense. 545
Committee Comments
546

Palm Desert City CouncilSeptember 25, 2025

Palm Desert City Council
September 25, 2025