Palm Desert Housing Authority

Request for Proposal:

HVAC Mechanical Systems Maintenance Services

Proposal Closing Date:

Proposals must be received by City Clerk by:

Wednesday June 27, 2018 at 2:00p.m. PST

PALM DESERT HOUSING AUTHORITY REQUEST FOR PROPOSALS

HVAC MECHANICAL SYSTEMS

MAINTENANCE SERVICES

The Palm Desert Housing Authority (“Housing Authority”) wishes to obtain professional services from a qualified firm (“Service Company”) to provide HVAC mechanical systems maintenance, repair, replacement and related services (“Services”) under this Request for Proposals (“RFP”). It is the Housing Authority’s intention to award this work to one (1) firm to provide both scheduled and "on- demand" or "on-call" services as the need arises. The equipment to be maintained includes but is not limited to, air handlers, condensing units, split systems, pumps, gas fired unit heaters, package units and forced air systems. The equipment to be maintained is of various types of manufacturers, which is noted in Exhibit B, attached hereto and incorporated herein by this reference. The service would be under an annual contract, with an option for the Housing Authority to renew for four (4) additional one-year terms. A map and list of the properties where the Services will be completed along with EPA Standards, are attached hereto as Exhibit E and incorporated herein by this reference. Selection will be based on best value to the Housing Authority. Best value is later described in Section IV: Evaluation Criteria. Please review the document carefully to ensure you are familiar with the Housing Authority's requirements.

I. SCOPE OF WORK

• The Housing Authority will accept proposals from interested and qualified California licensed contractors for normal and on-call HVAC and mechanical maintenance services, including emergency work and repairs/replacements. The Service Company shall possess a Class C-20 Contractor’s License; as well as, maintain or obtain approval from SCE as a contractor for their Energy Saving Assistance Program. The successful Service Company shall provide all materials, equipment and labor for HVAC and mechanical services and repairs as needed for the properties identified in this RFP.

• Preventive maintenance services shall be provided by the Service Company on all equipment and associated devices related to the HVAC systems as outlined in this RFP.

• The Service Company shall furnish all personnel, parts, materials, test equipment, tools, and Services in conformance with the terms and conditions as outlined below in this RFP.

• As part of the proposal, the Service Company shall submit for evaluation a comprehensive and detailed technical and business prospectus, descriptively outlining the ability to adequately and satisfactorily perform the Services as requested in this RFP. The requirements are set forth further in Section II Proposal Instructions.

• It is the intention of this RFP to establish and define those Services that are to be performed and, in addition, to determine the capability and experience of the Service Company desiring to provide such Services.

• Award of the contract shall be evaluated on a variety of factors in addition to cost, such as technical competence, references, experience, financial ability, and other factors requisite to adequate and satisfactory performance of the Services desired.

• All Service Companies desiring to provide Services specified shall visit the job sites during the specific Job Walk to become familiar with the facilities and equipment prior to submitting a proposal. No proposal shall be accepted from any Service Company unless it has been verified that there has been a visit and inspection prior to submittal.

• The Service Company shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the Services required within this RFP, due to failure to investigate the conditions or become acquainted with all the information concerning the Services to be performed.

• Proposals shall specify if the Service Company is not proposing to perform, or not

capable of performing, any portion of this Scope of Work.

Service Company Qualifications: The following requirements shall be considered the minimum standards for a Service Company to be considered qualified to provide Services under this RFP, and shall be a prerequisite to any award:

• A period of five (5) years’ experience in the performance of HVAC maintenance as specified in this RFP.

• Pursuant to Labor Code sections 1725.5 and 1771.1, the Service Company and any subcontractors shall be registered with the Department of Industrial Relations (“DIR”) to perform public work. The Services will be subject to compliance monitoring and enforcement by the DIR.

• The Service Company shall maintain a field office and/or warehouse that is within forty-five (45) miles of each of the facilities to be serviced under this RFP.

• A minimum of two (2) local service technicians employed by the Service Company shall be residents in an area within a maximum of a thirty (30) mile radius of each of the facilities to be serviced.

• Services that are to be provided shall be performed by qualified and trained service personnel that are directly employed by the Service Company. Subcontracting portions of the Services requested in this RFP shall not be allowed without prior written consent of the Housing Authority.

• Service company must be currently approved by SCE as an Energy Saving Assistance Program contractor; or obtain approval prior to award of contract.

Minimum Service Requirements:

• Service Company must provide a minimum of two (2) certified technicians. One is required to have at least ten (10) years of refrigeration, and/or mechanical, and control experience. This is to ensure that the Housing Authority always has access to at least one (1) certified technician. Both technicians must have overall knowledge of all of the equipment at each of the properties. Both technicians shall be qualified to work on electrical systems.

• Service Company must provide 24/7 on-call service availability for emergency calls or other type of outages with a 30-minute returned phone call response time.

• Unless otherwise approved by the Housing Authority or its designee, the Service Company shall perform operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070.

• Service Company shall maintain all equipment in accordance with the manufacturer's recommendation unless otherwise specified by a Housing Authority representative in writing.

• Service Company must obtain prior authorization for repairs or other work outside the scope of preventive maintenance work. Authorizations will be in the form of a Work Order issued by the Housing Authority.

• Service Company shall perform an annual review to verify energy savings, overall cost reduction through repairs, replacement, and proactive preventative maintenance.

• Proposers shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. In accordance with Labor Code section 1771, Service Company shall pay not less than the general prevailing rate of per diem wages to all workers performing work under the contract. Service Company will be required to maintain certified payroll records in the form required by the DIR and to submit certified payrolls to the DIR not less than monthly. Service Company shall submit copies of certified payroll records to the Housing Authority upon request. The Service Company must agree to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws to the extent applicable. It shall be the Service Company’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its proposal.

• Service Company shall meet all other requirement of this RFP, including but not limited to all requirements contained in the Exhibits attached hereto.

II. PROPOSAL INSTRUCTIONS As stated above, the Housing Authority intends to award the work to the top rated Service Company. Actual work will be directed and coordinated on a job-by-job basis and Service Company may be asked for a quote at the beginning of the job using the pricing included in its proposal. Proposals should include the following: 1. A Cover Letter / Executive Summary, including:

A brief statement as to the Service Company’s understanding of the work to be performed, the commitment to perform the work, and a statement as to why the Service Company believes it to be the best qualified to perform the engagement. Please also highlight any of the requirements in the Scope of Work you are not able to accommodate. 2. Signature The proposal must be signed by a person duly authorized to commit and bind the Service Company. 3. Questionnaire Form

Each Service Company shall include a completed questionnaire form (“Questionnaire Form”) with its proposal. (See Exhibit A, attached hereto and incorporated herein by this reference.) Failure to complete the form in full may result in the proposal being found non-responsive. The Questionnaire Form shall include at least three (3) references. The Questionnaire Form must be signed under penalty of perjury.

4. Explanation of Costs

Each proposal shall provide a detailed explanation of all proposed costs, including the methods for determining any potential cost increases during the course of performance of the work. The method of determining costs shall be clearly explained, particularly if any costs are based on a method other than a stated unit price. Regular maintenance work shall be stated as a lump sum price for each property by season. The proposal shall clearly explain the scope of work included in the price for regular maintenance work and any work that is specifically excluded. The costs for replacement of units shall be stated as a single unit price for each replacement unit, but increases in compensation may be authorized due to actual increases in the cost of the units, provided that no as-equal replacement units are available at a lower price. Any work that is to be performed on a time and material basis shall include the amount of mark-up in the proposal, which shall be inclusive of all overhead, profits, and other costs.

5. Regular Maintenance Plan

The Service Company shall submit a plan for providing regular maintenance services, which may vary based on season. The Service Company shall submit data with its proposal that indicate the use of a uniform and detailed method by which preventive maintenance tasks are defined, scheduled, recorded, updated and processed. The Service Company’s preventive maintenance program shall be computer generated, based on run time, manufacturer’s recommendations, and a

historical data bank of similar equipment. Simple computer based, run time only, or hand scheduled programs are not acceptable.

6. Plan for On-Call and Emergency Services Each proposal shall include a description of the Service Company’s ability to be responsive to emergency and non-emergency on-call and on-demand work. The proposal should detail the Service Company’s ability to respond to emergency calls within thirty (30) minutes.

7. Proposal Cost Form

Attached as Exhibit B to this RFP is a schedule of the properties for which HVAC maintenance, repair, and replacement services are needed. A completed version of this cost form shall be included with each proposal. For each property, the cost form should indicate the proposed cost of performing regular maintenance (by season), the proposed labor costs (inclusive of all overhead, profits and other costs) for maintenance and repair work and emergency work that is not included in the regular maintenance work, and the cost to replace one air conditioning unit (inclusive of all labor, profits, overhead, and other costs). The cost form may reference other portions of the proposal. Submittal of a completed cost form does not relieve the Service Company from submitting any other requirements of this proposal. Service Companies may provide a more detailed cost proposal than is provided in this cost form.

8. Potential Discounts or Cost Savings

Service Companies shall provide a detailed description of any methods of providing discounts or cost savings that the Service Company may provide. Such methods may include, but should not be limited to, an identification as to whether Service Company has a contract with Southern California Edison that could potentially assist with the payment for replacement of units based on income qualifications of the tenants. The Housing Authority may consider potential discounts or cost savings in awarding the contract.

9. Licensing and DIR Contractor Registration Certification Proof of a valid Class C-20 Contractor's license, and all other licenses necessary for project completion are required. Each proposal must include a completed DIR Contractor Registration Certification form, attached hereto as Exhibit D and incorporated herein by this reference. Failure to include the DIR Contractor Registration Certification form may result in the proposal being rejected as non-responsive.

III. ADDITIONAL REQUIREMENTS

• Background Checks. The Housing Authority may require background checks of any personnel with unrestricted access to the sites. Service Company should be prepared to have employees undergo background checks at its own expense, upon request by Housing Authority. This would typically include 'Live Scan' fingerprinting

and subsequent checks of Department of Justice and Federal Bureau of Investigation records.

• The Service Company must demonstrate that it has the technical expertise, facilities, capabilities and financial resources necessary to perform all Services in a satisfactory manner.

• Part of the selection process may include a credit check and financial evaluation of the Service Company. Credit and financial information will be kept confidential.

IV. EVALUATION CRITERIA The Housing Authority reserves the right to cancel or modify this RFP for any reason without any liability to any Service Company, including any and all costs incurred by Service Company associated with this RFP, or to waive irregularities at its discretion. This RFP does not constitute a contract offer of employment, or offer of purchase. The Housing Authority makes no representation that any contract will be awarded to any respondent to this RFP. The Housing Authority also reserves the right to reject any and all proposals at its sole discretion. The City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposer, or to allow corrections of errors or omissions. The contract, if awarded, will be awarded to a Service Company whose proposal is considered the best value to the Housing Authority. Best value will be determined based on price, responsiveness, capability and responsibility. The following factors will be taken into account to determine price, responsiveness, capability and responsibility:

1) Demonstrated ability of the Service Company to provide the required maintenance and repairs.

2) Service Company’s understanding of the needs and objectives of the Housing Authority.

3) The qualifications of the Service Company and the Housing Authority’s perception of the ability of the Service Company to meet the terms of the RFP.

4) References and other pertinent checks. 5) Scope of plan for regular maintenance services. 6) Financial terms of proposal. 7) Fiscal soundness of Service Company. 8) Completeness and professionalism of submission. 9) Submissions which are deemed incomplete may be rejected as not being

responsive. The award of the contract will not be determined solely on price. Although price is a key factor, the Housing Authority will consider awarding the contract to the Service Company that meets the best value to the Housing Authority as interpreted by the Housing Authority. The Housing Authority reserves the right to modify the Scope of Work based on pricing of proposals, available budget, and priority of requested services. The final determination will be incorporated in the final contract.

Upon selection of a proposer, the City will endeavor to negotiate a contract with the selected proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

After negotiating a contract, City staff will make the final recommendation to the City Council concerning the proposed contract. The City Council has the final authority to approve or reject the contract.

V. TERMS AND CONDITIONS

Proposals are subject to the following terms and conditions:

• Not-to-Exceed Amount. The total amount paid for all labor, materials, tools, equipment, supplies, services, incidental and customary work and administrative costs, including printing and related costs, and all other work performed under the contract shall not exceed the amount set forth in the contract, without a written change order duly authorized by the Housing Authority Board. The Not-To-Exceed Amount will be determined based on the proposed costs, scope of work, and estimated repair and replacement needs during the term of the contract.

• Contract Term. The term of the agreement resulting from this solicitation will be for the period of one (1) year with the option for four (4) - one year extensions at the discretion of the Housing Authority Board. The contract will be in substantially the same form as the contract attached hereto as Exhibit C and incorporated herein by this reference (“Contract”). The final Contract will incorporate the appropriate terms and conditions from this RFP, including the proposed costs and Scope of Work.

• In submitting a proposal in response to this RFP, Service Company is certifying that it takes no exceptions to this RFP including, but not limited to, the Contract. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Service Company is directed to carefully review the proposed Contract and, in particular, the insurance requirements and indemnification provisions in the Contract.

• Work Orders. Actual work and work schedule will be initiated by "Work Order" as a need is identified. Completed work shall be invoiced monthly and paid within thirty (30) days of the Housing Authorities receipt of an undisputed invoice. Compensation will be based upon a schedule of charges contained in the Contract unless otherwise agreed to in writing by the Housing Authority.

• Insurance. Service Company shall not commence work until it has provided evidence satisfactory to the Housing Authority that it has secured all insurance required under this RFP. In addition, Service Company shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the Housing Authority that the subcontractor(s) has secured all insurance required under this RFP. The insurance requirements are provided in detail in Exhibit B of the Contract, attached hereto as Exhibit C. .

• Performance and Payment Bonds. Service Company shall not commence work until it has submitted performance and payment bonds to the Housing Authority in the forms provided in Exhibit D of the Contract, attached hereto as Exhibit C.. Each bond shall be in the Not-To-Exceed Amount of the Contract.

• Submittal Instructions & Contact Information. Before submitting a proposal,

each Service Company shall fully inform itself as to all conditions and limitations and shall include in the proposal a sum to cover the cost of all items. All questions and or concerns shall be submitted by email to the contact listed below. TWO (2) proposals must be submitted in a sealed envelope, clearly marked "Sealed Proposals for PDHA HVAC/Mechanical Maintenance Services" to:

Palm Desert Housing Authority Office of the City Clerk 73-510 Fred Waring Drive Palm Desert, Ca 92260

Proposals will not be publicly opened and read. Proposals will be privately reviewed and evaluated by a Housing Authority evaluation team. If you have any questions or concerns, please contact Veronica Tapia at City of Palm Desert. All requests for information and/or clarification must be received no later than 5:00 p.m., June 20, 2018. Answers to all questions, if necessary, will be issued to all prospective proposers via e-mail. Additionally, Service Companies that anticipate submitting a proposal are required to send an email to the contact person acknowledging receipt of the RFP so that the Housing Authority can add the firm to its notification list. Please include the contact person, the name of the Service Company, address, phone number, and e-mail address.

• Proposal Due Date. In order to be considered, proposals must be received at

the above address no later than Wednesday, June 27, 2018 at 2:00 pm PST. A proposal may be withdrawn by written request received from the Housing Authority prior to the time set for the closing date.

• Proposal Validity. Proposals must be valid for a period of not less than ninety days (90) after the RFP closing date.

• Addenda. The City reserves the right to revise the RFP documents. Any changes to the requirements will be made by written addenda to the RFP and posted to http://www.cityofpalmdesert.org/our-city/rfp-list-view and via email. Any written addenda issued pertaining to the RFP shall be incorporated into the terms and conditions of any contract resulting from this RFP. The City will not be bound to any modification or deviations from the requirements set forth in the RFP as a result of the oral instructions or communication. Proposer shall acknowledge receipt of addenda in its proposal. Failure to acknowledge receipt of all addenda may cause the Proposer to be deemed non-responsive to this RFP and be rejected without further evaluation.

EXHIBIT A QUESTIONNAIRE FORM

I. BACKGROUND INFORMATION.

1. Company Name_________________________________________________

2. Address ________________________________________________________

3. Telephone No. ___________________________________________________

4. Type of Firm (Individual, Partnership or Corporation) ______________________

5. Corporation organized under the laws of the State of ______________________

6. Contractor's License No. ______________ Exp. Date ____________________

7. Department of Industrial Relations Contractor Registration number:___________ 8. List the names and addresses of all owners of the firm or names and titles of all

officers of the corporation:

_______________________________ _______________________________

_______________________________ _______________________________

_______________________________ _______________________________

9. Number of years' experience as a Contractor in HVAC work ________________

10. List at least three similar projects completed recently:

Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner

1.

2.

3.

11. List the name of the person who inspected the site of the proposed work for your firm: ____________________________________________________________

II. QUALIFICATIONS

1. Are you currently an approved vendor for Rebate Program authorized by SCE or PUC?

Yes No Identify the program(s):

_____________________________________________________________ 2. Has any CSLB license held by your firm or its Responsible Managing Employee

(RME) or Responsible Managing Officer (RMO) been suspended or revoked within the last five years?

Yes No If “yes,” please explain on a separate signed sheet. 3. Has a surety firm completed a contract on your behalf, or paid for completion because

your firm was default terminated by the project owner within the last five (5) years? Yes No If “yes,” please explain on a separate signed sheet. 4. At any time during the last five years, has your firm, or any of its owners or officers

been convicted of a crime involving a government contract? Yes No

If “yes,” explain on a separate signed page, including the nature of the crime. 5. At any time in the last five years has your firm been assessed and paid liquidated

damages under a construction contract? Yes No

If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.

6. In the last five years has your firm, or any firm with which any of your company’s

owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?

Yes No If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.

7. In the last five years has your firm been denied an award of a public works contract

based on a finding by a public agency that your company was not a responsible bidder?

Yes No If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.

8. In the past five years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration?

Yes No If “yes,” on separate signed sheets of paper identify the claim(s) by providing the

project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).

9. In the past five years has your firm made any claim against a project owner

concerning work on a project or payment for a contract and filed that claim in court or arbitration?

Yes No If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution).

10. Has your firm or any of its owners, officers or partners ever been convicted of a

crime involving any federal, state, or local law related to a government contract? Yes No

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction.

11. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No If “yes,” attach a separate signed page describing each citation. 12. Has there been more than one occasion during the last five years in which your firm

was required to pay either back wages or penalties for your own firm’s failure to comply with the prevailing wage laws? NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

Yes No If ”yes,” attach a separate signed page or pages, describing the nature of each

violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

13. At any time during the last five years, has your firm been found to have violated

any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works?

Yes No

If “yes,” provide the date(s) of such findings, and attach copies of the Department’s final decision(s).

III. REFERENCES Provide at least three (3) references for whom who have provided HVAC

maintenance, repair, and/or replacement services (additional references may be provided):

(1) Contact Name: ______________________________________ Company/Organization:____________________________________ Address: ______________________________________ ______________________________________

______________________________________ Phone Number: ______________________________________ E-mail: ______________________________________

(2) Contact Name: ______________________________________ Company/Organization:____________________________________ Address: ______________________________________ ______________________________________

______________________________________ Phone Number: ______________________________________ E-mail: ______________________________________

(3) Contact Name: ______________________________________ Company/Organization:_____________________________________ Address: ______________________________________ ______________________________________

______________________________________ Phone Number: ______________________________________ E-mail: ______________________________________

IV. FINANCIAL INFORMATION

1. Can you provide a financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition upon request of the Housing Authority?

Yes No Marking “no” may be grounds to reject the proposal. Financial statements will remain confidential. Financial statements will only be requested of firms who are in consideration for award of a contract.

2. Was your firm in bankruptcy at any time during the last five years? Yes No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued; indicate if the bankruptcy has not yet been discharged.

The undersigned hereby swears under penalty of perjury that this information provided is true and correct.

By: _____________________________ Date:__________________________ Signature

Name/Title: _________________________________________________________

EXHIBIT B

PROPOSAL COST FORM I. REPLACEMENT COSTS Costs should be stated as the cost to replace one (1) unit in accordance with the stated specifications. The cost shall be inclusive of all materials, equipment, labor, overhead, profit, and other costs.

REPLACEMENT COSTS

Complex Name Fuel Source Size SEER Price Ea.

Catalina (72 homes/77 units) Heat Pump 2-Ton 14Candlewood (30 homes/31 units) Elec / Gas 2-Ton 14Carlos Ortega Villas (73 homes/74 units) PTAC 15,000 BTUCarlos Ortega Villas Elec / Gas 2.5 Ton 15Carlos Ortega Villas Elec / Gas 5 Ton 15Laguna Palms (48 homes/50 units) PTAC 15,000 BTULaguna Palms Ductless Mini Split 18,000 BTULa Rocca Villas (27 homes/28 units) Elec / Gas 2-Ton 14La Rocca Villas Elec / Gas 5-Ton 14Las Serenas (150 homes/152 units) Heat Pump 2-Ton 14Las Serenas Heat Pump 2-Ton 14Las Serenas Heat Pump 2.5 Ton 14Las Serenas Heat Pump 5-Ton 14Neighbors (24 homes/25 units) Heat Pump 2-Ton 14One Quail w/ceiling mounted air handler Heat Pump 2-Ton 14One Quail (384 homes/393 units) Heat Pump 3-Ton 14One Quail Heat Pump 5-Ton 14One Quail Window AC 12,000 BTUOne Quail Ductless Mini Split 18,000 BTUPalm Village (36 homes/39 units) Elec / Gas 2-Ton 14Palm Village Ductless Mini Split 18,000 BTUPueblos (15 homes/16 units) Elec / Gas 2-Ton 14.5Pueblos Window AC 12,000 BTUSagecrest (14 homes/14 units) Heat Pump 2-Ton 14Santa Rosa (20 homes/20 units) Elec / Gas 2-Ton 14Taos Palms (16 homes/16 units) Elec / Gas 2-Ton 14.5

OTHER SERVICES

Description Size Price Ea.

Furnace with Filter Base[2] 1.5 - 3 TonFurnace with Filter Base2 3.5 - 4 Ton

Furnace with Filter Base2 5 TonProgrammable Thermostat

*When installed at the time of AC Replacement

II. MAINTENANCE COSTS The proposal shall clearly explain the scope of work included in the price for regular maintenance work and any work that is specifically excluded. All rates shall be inclusive of all charges including but not limited to the charges for overhead, profit, labor, equipment, tools, and all other costs.

III. PROPOSED NOT-TO-EXCEED AMOUNT Service Company proposes a Not-To-Exceed Amount of: $____________. Explain how you calculated the proposed amount: ***The Housing Authority will use the proposed amount and the explanation of the Service Company’s estimated amount to determine the Not-To-Exceed Amount in the contract. The final amount in the contract may differ from the amount stated above.

MAINTENANCE COSTS*

Description Hourly Rate

Quarterly Service RateLabor Rate P/HEmergency Call P/HAfter Normal Business Hours P/HOvertime Rate P/H*Please indicate on separate sheet if there is any difference in rate for different size/

EXHIBIT C

PALM DESERT HOUSING AUTHORITY HVAC MAINTENANCE SERVICES AGREEMENT

PARTIES AND DATE.

This Agreement (“Agreement” or “Contract”) is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the Palm Desert Housing Authority with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“Authority”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). Authority and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS.

Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the Authority on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing HVAC mechanical systems maintenance, repair, replacement and related services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that is familiar with the plans of Authority. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Authority. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Project.

Authority desires to engage Contractor to render such services for the HVAC Mechanical Systems Maintenance, Repair, and Replacement Services Project (“Project”) as set forth in this Agreement.

TERMS.

Scope of Services and Term.

General Scope of Services. Contractor promises and agrees to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional HVAC mechanical systems maintenance, repair, replacement and related services maintenance services necessary for the Project (the “Work” or “Services”). The Services are more particularly described in the Schedule of Charges, attached hereto as Exhibit “A” and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Term. The term of this Agreement shall be one (1) year from the date it was entered, unless earlier terminated as provided herein. The Authority shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four (4) additional one-year terms. Contractor shall complete the Services within the term of this

Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following Contract Documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:

• Schedule of Charges (Exhibit “A”) • Insurance Requirements (Exhibit “B”) • Special Provisions (Exhibit “C”) • Performance and Payment Bond (Exhibit “D”) • Addenda, if any • Change Orders executed by the Authority • Latest Edition of the Standard Specifications for Public Works Construction

(The Greenbook), Excluding Sections 1-9 • The Notice Inviting Proposals • The Request for Proposals • Contractor’s Proposal

Precedence. To the extent there is a conflict between any portions of this

Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

Work Orders. Contractor shall not perform any Work on the Project unless a Work Order is issued by the Authority. The Authority may order Contractor to perform any of the Work identified in the Schedule of Charges by issuance of a written Work Order. Contractor shall begin all Work, and shall complete all Work, within the time specified in the Work Order. Except in cases of emergency, Contractor shall have at least two [2] calendar days to begin Work specified in a Work Order. If Contractor fails to begin and complete Work within a timely manner, the Authority may hire a third party to complete the Work and charge the difference in cost to the Contractor. This remedy shall be cumulative to all other remedies available to the Authority.

Emergency Work. The Contractor shall provide 24/7 on-call service availability for emergency calls or other type of outages with a 30-minute returned phone call response time. A minimum of two (2) local service technicians employed by the Contractor shall be residents in an area within a maximum of a thirty (30) mile radius of the City of Palm Desert, and the Contractor shall maintain a field office and/or warehouse that is within forty-five (45) miles of the City of Palm Desert.

Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Authority. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Authority may direct the Contractor to proceed with the performance of the change on a time and materials basis.

Performance of Services. Services shall be performed by qualified and trained service personnel. The Contractor shall provide a minimum of two certified technicians. One is

required to have at least ten (10) years of refrigeration, and/or mechanical, and control experience. Both technicians must have overall knowledge of all of the equipment at each of the properties. Both technicians shall be qualified to work on electrical systems. Unless otherwise approved by the Authority or its designee, the Contractor shall perform all Work pursuant to the times required by Palm Desert Municipal Code Section 9.24.070.

Manufacturer’s Specifications. Contractor shall maintain, repair, and install all equipment in accordance with the manufacturer's recommendation unless specified by the Housing Authority in writing.

Maintenance Plan. Contractor shall implement a preventive maintenance program that shall be computer generated, based on run time, manufacturer’s recommendations, and a historical data bank of similar equipment.

Annual Review. Prior to the end of the Contract Term, or any extended annual Contract Term, Contractor shall perform an annual review to verify energy savings, overall cost reduction through repairs, replacement, and proactive preventative maintenance.

Responsibilities of Contractor.

Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Authority retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of Authority and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with each Work Order and the Schedule of Charges set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, Authority shall respond to Contractor’s submittals in a timely manner. Upon request of Authority, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Charges.

Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of Authority.

Authority’s Representative. The Authority hereby designates RPM Company, or his or her designee, to act as its representative for the performance of this Agreement (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of the Authority for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the Authority’s Representative or his or her designee.

Contractor’s Representative. Contractor hereby designates RPM Company, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on

behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a Authority Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Authority, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule described in Exhibits “A” attached hereto, or within any time specified in each Work Order. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Work Order, it is understood, acknowledged and agreed that the Authority will suffer damage.

Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the Authority. Notwithstanding any other provision herein, 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 Authority. 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 Authority.

Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom. Authority is a public entity of the State of California subject to certain provisions of the Health & Safety Code,

Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold Authority, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Authority or its representatives for inspection and copy at any time during normal business hours. The Authority shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Authority to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to

initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of Authority’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Authority against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Water Quality.

Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the Authority’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or Authority to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Authority, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the Authority, its officials, officers, agents, employees or authorized volunteers.

Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Authority, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, Authority will provide Contractor with a list of training programs that meet the requirements of this paragraph.

Insurance. Insurance Requirements are attached hereto as Exhibit B and incorporated herein by reference.

Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall

exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as 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.

Bonds.

Performance Bond. If required by law or otherwise specifically requested by Authority in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Authority.

Payment Bond. If required by law or otherwise specifically requested by Authority in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Authority.

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

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

Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of Authority during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,

documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Authority.

Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand.

Permits and Licenses. Contractor shall be responsible for securing City of Palm Desert permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

Fees and Payments.

Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and each Work Order at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total

compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of Authority’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Payment of Compensation. Contractor shall submit to Authority a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Authority shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. In no event shall the Authority be obligated to make any payment to Contractor unless a Work Order is provided to Contractor from Authority with instructions to proceed.

Prompt Payment. Authority shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by Authority.

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

Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Authority will permit the substitution of securities for any monies withheld by the Authority to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Authority, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Authority shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Authority has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Authority.

Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this

Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

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

California Labor Code Requirements.

Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Authority, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the

Authority. Contractor shall defend, indemnify and hold the Authority, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

Termination of Agreement.

Grounds for Termination. Authority may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least three (3) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to Authority, and Contractor shall be entitled to no further compensation. In the event of breach of the Contract by Contractor, Authority may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset Authority’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Agreement except for cause.

Effect of Termination. If this Agreement is terminated as provided herein, Authority may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

General Provisions.

Certification of License.

Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Authority, the matter shall be referred to Authority’s Representative, whose decision shall be binding upon Contractor.

Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: [***INSERT NAME, ADDRESS & CONTACT PERSON***]

Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: City Clerk

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Authority tender final payment to the Contractor, without further acknowledgment by the Parties.

Indemnification. Contractor shall defend (with counsel of Authority’s choosing), indemnify and hold Authority and City, their officials, officers, agents, employees and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of Authority’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Authority, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Authority or City, their officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse Authority, 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. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Authority, its directors, officials, officers, employees, agents, or volunteers.

Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Authority. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any

prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Authority.

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

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

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

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

Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Authority include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the Authority’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Authority shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of

Authority, during the term of his or her service with Authority, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

[SIGNATURES ON NEXT PAGE]

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY

AND [***INSERT NAME***]

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

PALM DESERT HOUSING AUTHORITY [INSERT NAME OF CONTRACTOR]

Signature

Name

Title

Date

Approved By:

Sabby Jonathan, Chairman

Approved as to Form: _____________________________________ Best Best & Krieger LLP Authority Attorney

Attested By:

Authority Secretary

EXHIBIT “A”

SCHEDULE OF CHARGES

[***INSERT SCHEDULE OF CHARGES***]

EXHIBIT “B”

INSURANCE REQUIREMENTS

Without limiting Contractor’s indemnification of Housing Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the Housing Authority. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers’ Compensation Insurance: Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to Housing Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Palm Desert Housing Authority, the City of Palm Desert, and their officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that

would otherwise have applied proves to be uncollectible in whole or in part for any reason;

• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall “follow form” to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess

policies OTHER PROVISIONS OR REQUIREMENTS

Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Palm Desert Housing Authority and City of Palm Desert. as additional insureds to the subcontractors’ policies. Contractor shall provide to Housing Authority satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Contractor shall provide certificates of insurance to Housing Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by Housing Authority’s Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with Housing Authority at all times during the term of this contract. Housing Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or subcontractors. Housing Authority’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Housing Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by Housing Authority will be promptly reimbursed by Contractor, or Housing Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Housing Authority may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Housing Authority’s Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Palm Desert Housing Authority, the City of Palm Desert, and their elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Palm Desert Housing Authority and the City of Palm Desert. and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of Contract Provisions (non estoppel): Contractor acknowledges and agrees that any actual or alleged failure on the part of the Housing Authority to inform Contractor of noncompliance with any requirement imposes no additional obligations on the Housing Authority nor does it waive any rights hereunder. Primary and Non-Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to Housing Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the Palm Desert Housing Authority, the City of Palm Desert., and their officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Housing Authority’s Right to Revise Specifications: The Housing Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Housing Authority and Contractor may renegotiate Contractor’s compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by Housing Authority. Housing Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Housing Authority. Timely Notice of Claims: Contractor shall give Housing Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations,

and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

EXHIBIT “C”

SPECIAL PROVISIONS

1. WORK SITE

Inspection Of Site. Contractor shall visit sites where Work is to be performed and shall become acquainted with all conditions affecting the Work prior to commencing the Work. Contractor shall make such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Work. Unless expressly stated otherwise in the Special Conditions or Specifications, Contractor acknowledges that Work sites are occupied residential communities and that Work shall be completed in a manner that ensures minimal resident impact. The Contractor shall be responsible for locating and protecting all utilities during the course of the work. Damage caused by Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Authority Designee or Utility Company, shall be repaired or replaced by and at the expense of Contractor.

Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Work. Errors, inconsistencies or omissions discovered shall be reported to the Authority immediately and prior to performing any Work or altering the condition.

Removal of Waste and Debris. 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 Authority or Authority’s agent.

Notifications to Authority and Residents. The Contractor acknowledges that the Authority provides forty-eight (48) hours-notice in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents.

Paths of Travel. 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. The Authority shall be given at least 48 hours-notice prior to the creation of any condition affecting pedestrian paths of travel.

Hazardous Materials and Differing Conditions. Except as set forth in the Special Conditions or Specifications, should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and hazardous materials as defined in California state or federal law at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the

condition to the Authority in writing. The Authority shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the Authority and Contractor.

Use of and Protection of Premises. At its expense the Contractor shall: Take every precaution against injuries to persons or damage to property; Comply with regulations governing the use of the property; Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site; Place on the work only such loads as are consistent with the safety of the work; Perform all cutting, fitting, or patching of its work required to make it conform to the Plans and Specifications and interrelated with other improvements or except with the consent of Authority Designee, cut or otherwise alter existing improvements; Guard Authority's property from injury or loss; Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance.

All modifications, relocations and reconstruction work shall conform with the designs of the existing facilities to the extent practicable, and the finished work and structures shall be equal to or better in all respects than the original facilities. The replacement or repair of any facilities which the Authority deems necessary as a result of the Contractor's operations shall be done by the Contractor at his own expense and to the satisfaction of the Authority.

Public Safety. The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-10, “Public Convenience and Safety,” of the Standard Specifications and these special provisions.

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

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

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

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

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

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

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

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

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

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

Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor.

In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Authority Designee immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to Authority via Authority Designee.

Whenever, in the opinion of the Authority, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the Authority may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the Authority, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Authority, then said costs and expense will be paid by the Authority and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Authority to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety.

Supervision by Contractor. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform

adequate supervision and coordination of the work. Contractor shall not change job supervisor without written approval of Authority Designee.

Permits And Licenses.

Permits: In lieu of Section 7-5, “Permits,” of the Standard Specifications, the Contractor, and any sub-contractors shall obtain permits for all work within the Palm Desert Housing Authority and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. The Palm Desert Housing Authority will waive the permit fee for any Authority issued permits.

Licenses: The Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all Sub-Contractors shall be required to have a Palm Desert Housing Authority Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the various contract proposal items and no additional compensation will be allowed therefor.

Fees: The Contractor shall be responsible for all inspection and permit fees required by agencies (other than the Palm Desert Housing Authority) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the various contract proposal items and no additional compensation will be allowed therefor.

Relocation. The alternation or temporary relocation of all service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) to adjacent property shall be the responsibility of the Contractor. The Contractor shall restore the service connections as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the unit prices proposal for the various contract items, and no additional compensation will be allowed therefor.

Inspection Of The Work. The Contractor shall notify RPM Company, the Project Manager, at (760) 674-1139, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the plans and specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the Authority.

Responsibility For Job Site Conditions.

Contractor acknowledges responsibility for jobsite safety and acknowledges that the Authority Designee will not have any such responsibility. To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the Director of Housing, their present companies, subsidiaries, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by the Contractor, its Subcontractors, or their agents and employees, which results in damage to persons or property including wrongful death, regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of the Director of Housing, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the Director of Housing, their parent or subsidiary companies and their agents and employees.

All work shall be performed in accordance with applicable Health and Safety laws and standards including all requirements of the State of California Division of Industrial Safety.

Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project including safety of all persons and property, that this requirement shall be made to apply continuously and not be limited to normal working hours, and Contractor further agrees to defend, indemnify and hold design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this project.

Protection Of Public.

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

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

The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or 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.

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

The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Authority’s Representative, then said costs and expense will be paid by the Authority and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Authority to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety.

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

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

regulation. Neither the Authority nor the Director of Housing shall enforce safety measures or regulations.

The Contractor shall use proper safety signing and barricading as required per Caltrans Traffic Manual and the WATCH manual.

Traffic Control.

A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during construction. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the Director of Housing is obtained. All roadway signs, delineators, channelizers, cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III. The Contractor is required to setup necessary traffic control in compliance with the latest editions of the Authority Standard Drawings, State Standard Plans, CAMUTCD, and WATCH manual for reduction of travel way on any street. When required by the Director of Housing or when construction activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard drawings, plans and manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the Authority. When traffic control plans are included within the project plan set the Contractor shall adhere to the traffic control setup as detailed on the plans. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Public Works Inspector. If the Contractor proposes sufficient changes to the traffic control then the Contractor shall submit alternate traffic control plans for review and approval by the Authority. The alternate traffic control plans shall be prepared by a registered engineer and be of the same detail as the original project traffic control plans. A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under construction in the sidewalk areas must be maintained free of hazardous conditions. The immediate construction area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the project at all times. All traffic lanes and detours must continually be maintained to prevent the development of potholes and provide smooth, dust-free and mud-free traffic. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the construction hours, including such nonworking days as Saturdays, Sundays and holidays. The Contractor shall notify residents and businesses of restricted access forty-eight (48) hours in advance of construction activities.

Noise Abatement.

A maximum noise level limit of eighty-five (85) decibels at a distance of fifty (50) feet shall apply to all construction equipment on or related to the project whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. The use of generators or other mechanical devices between the hours 5:00 p.m. and 6:00 a.m. shall not be permitted unless approved by the Authority Designee.

The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Hours Of Operation.

Unless otherwise approved by the Authority or its designee, the Contractor shall perform construction operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070 and illustrated as follows:

October 1st through April 30th Monday through Friday: Seven a.m. to five-

thirty p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code holidays:

None

May 1st through September 30th Monday through Friday: Six a.m. to seven

p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code holidays:

None

Failure to observe these work hours may result in a citation being issued to the offenders by the police department.

Coordination With Other Contractors. The Authority expects to have one or more separate Contractors/utility companies working in the same area at the same time. Contractor shall coordinate and cooperate with any and all separate Contractors at no additional cost to the Authority. Such coordination may include, but will not be limited to, participating in regularly scheduled or special meetings with Authority, residents, and/or other Contractors; sharing work and materials storage areas; scheduling work to coincide with work of another Contractor and to minimize disruption to residents; and similar tasks requested by the Authority.

Property Owner Contact. The Contractor shall designate an employee to be the “Property Owner Contact”. The Property Owner Contact shall be available by a dedicated cell number during all work hours for residents’ complaints and concerns. Messages left prior to 5 p.m. shall be returned that same business day. Messages left after 5 p.m. shall be returned prior

to 10 a.m. the following business day. The Property Owner Contact is responsible to address residents’ concerns to the satisfaction of the resident. The Property Owner Contact is responsible for all coordination of work on a resident’s property. Residents shall receive ninety-six (96) hours’ notice prior to the start of work on the resident’s particular property. The Property Owner Contact shall be available for introduction to the residents at the pre-construction conference.

EXHIBIT “D”

PAYMENT AND PERFORMANCE BONDS

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as “Authority”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (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 ________________, (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, _______________, 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 Authority in the sum of ___________________________ DOLLARS, ($____________), 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 Authority, its officers and agents, 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 Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Authority 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 Authority’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 Authority to be, in default under the

Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority’s option:

(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, 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 Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents.

(3) Permit the Authority 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 Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Authority 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 Authority, when declaring the Contractor in default, notifies Surety of the Authority’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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).

(Corporate Seal) Contractor/ Principal

By

Title

(Corporate Seal)

Surety

By Attorney-in-Fact

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

(Attach Attorney-in-Fact Certificate) Title

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.

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

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the “Authority”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:

_____________________________________________________ (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 __________________ (“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 Authority in the penal sum of ______________ Dollars ($___________) 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.

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 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 Authority 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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.

(Corporate Seal)

Contractor/ Principal

By

Title

(Corporate Seal) Surety

By

Attorney-in-Fact

Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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

EXHIBIT D

DIR CONTRACTOR 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.1

Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________

Small Project Exemption: _____ Yes or _____ No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

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

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

3. Failure to submit this form or comply with any of the above requirements may result

in a finding that the bid is non-responsive. Name of Bidder Signature: Name and Title: Dated:

MUST BE SUBMITTED WITH PROPOSAL

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

EXHIBIT E

ADDITIONAL INFORMATION

1. MAP OF PROPERTIES

2. LIST OF PROPERTY ADDRESSES

3. ENERGY STANDARDS

LAGUNA PALMS APTS48 Units

LAS SERENAS APTS150 Units

NEIGHBORS APTS24 Units

TAOS PALMS APTS16 Units

CARLOS ORTEGA VILLAS72 Units

CALIFORNIA VILLAS141 Units

CANDLEWOOD APTS30 Units

CATALINA GARDENS APTS72 Units

THE PUEBLOS APTS15 Units

ONE QUAIL PLACE APTS384 Units

PALM VILLAGE APTS36 Units

SAGECREST SR APTS - 73811 SANTA ROSA WAY14 Units

LA ROCCA VILLAS APTS27 Units

DESERT POINTE APTS64 Units SANTA ROSA APTS

20 Units

^ ^^ ^

^

^

^

^

^

^^̂̂

^

^^^^̂̂

Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, iPC, USGS, FAO, NPS, NRCAN, GeoBase,IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), and the GIS UserCommunity

September 2017

AFFORDABLEHOUSING UNITS

Sources: Esri, DeLorme, NAVTEQ,TomTom, Intermap, iPC, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, EsriChina (Hong Kong), and the GIS UserCommunity

I

Multi-Family Properties Senior Properties California Villas (760) 345-0452 77-107 California Drive Palm Desert, CA 92211 View Details

Desert Pointe (760) 340-6945 43-805 Monterey Avenue Palm Desert, CA 92260 View Details

Laguna Palms Apartments (760) 836-1455 73-875 Santa Rosa Way Palm Desert, CA 92260 View Details

Neighbors (760) 340-6945 73-535 Santa Rosa Way Palm Desert, CA 92260 View Details

One Quail Place (760) 568-9835 72-600 Fred Waring Drive Palm Desert, CA 92260 View Details

Palm Village (760) 836-1455 73-650 Santa Rosa Way Palm Desert, CA 92260 View Details

Taos Palms (760) 340-6945 44-830 Las Palmas Avenue Palm Desert, CA 92260 View Details

Santa Rosa (760)836-1455 73625 Santa Rosa Way Palm Desert, CA 92260 View Details

Candlewood Apartments (760) 568-3640 74-000 Shadow Mountain Drive Palm Desert, CA 92260 View Details

Catalina Gardens (760) 568-3640 73-600A Catalina Way Palm Desert, CA 92260 View Details

La Rocca Villas (760) 773-9040 42-135 Golden Eagle Lane Palm Desert, CA 92260 View Details

Las Serenas (760) 773-9040 73-315 Country Club Drive Palm Desert, CA 92260 View Details

The Pueblos (760) 568-3640 73-695 Santa Rosa Way Palm Desert, CA 92260 View Details

Sagecrest Senior (760) 568-9835 73-811 Santa Rosa Way Palm Desert, CA 92260 View Details

Carlos Ortega Villas Apartments (760) 345-1500 77-915 Avenue of the States Palm Desert, California 92211 View Details