HomeMy WebLinkAboutC36371 HVAC Preventive Maint Svcs 760-18 FY19-20cc�ii-F
Contract No. C36371
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: March 14, 2019
PREPARED BY: Carlos Hernandez, Facilities Manager
REQUEST: Approve the first amendment to Contract No. C36370 with Desert
Air Conditioning, Inc., for heating, ventilation, and air conditioning
(HVAC) preventative maintenance services at City -owned facilities
in the amount of $39,040
Recommendation
By Minute Motion:
1. Approve the first amendment to Contract No. C36370 with Desert Air
Conditioning, Inc., in the amount to $39,040 for Fiscal Year 19-20;
2. Approve the addition of the Parkview Office Complex to the list of City -
owned facilities receiving HVAC preventative maintenance services for the
remainder of Fiscal Year 18-19 in the amount of $2,436; and
3. Authorize the City Manager to execute the subject extension, and all
related documents, including any Change Orders, and the remaining
three, one-year extensions when and if deemed appropriate by staff.
Funds are available in the various building repair and maintenance accounts.
Strateqic Plan
Providing HVAC preventative maintenance services at the Parkview Office Complex is
an on -going operations function, therefore, it is not in the Strategic Plan, or City Manager
Work Plan.
Background Analvsis
On September 28, 2017, the City Council approved Contract No. C36370 in the amount
of $51,268 with Desert Air Conditioning, Inc. for quarterly HVAC preventative
maintenance at various City -owned facilities. The buildings included in this contract are
City Hall, Corporation Yard, Portola Community Center, Palm Desert Historical Society,
Henderson Building, Fire Stations 33, 67, and 71, Civic Center Park, Freedom Park, and
Hovley Soccer Park.
March 14, 2019 - Staff Report
Approve Contract No. C36371— First Amendment to Contract No. C36370
Page 2of2
Desert Air Conditioning, Inc. provided quarterly HVAC preventative maintenance services
at the Parkview Office Complex under Contract No. C34071. However, that contract
expired on December 15, 2018. In an effort to continue to provide quarterly HVAC
preventative maintenance services to the Parkview Office Complex, Public Works staff
asked Desert Air Conditioning, Inc. to provide a quote to add the Parkview Office Complex
to the list of City -owned facilities receiving quarterly HVAC preventative maintenance.
They quoted a quarterly cost of $2,436 to provide the additional services, which staff finds
to be reasonable. Therefore, staff recommends that the City Council approve the first
extension to Contract No. C36370 and add $12,180 ($2,436 in FY18-19 and $9,744 in
FY 19-20) for HVAC preventative maintenance at the Parkview Office Complex.
With the revision of the City's Purchasing Policy, staff also recommends authorizing the
City Manager to execute the remaining three, one-year extensions of the contract,
including any Change Orders, based on staff's evaluation of the performance of this
contractor, not to exceed $50,000 per extension.
Fiscal Analvsis
There is no additional fiscal impact, as funds for this service are included in the operating
budget for Fiscal Years 2019 and 2020.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
j
N/A
Robert W. Hargreaves Tom Garcia, P.E. a t Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
CONTRACTOR: Desert Air Conditioning Inc.
590 Williams Road
Palm Springs, CA 92264
ATTACHMENTS: Contract No. C36371 - First Amendment to C36370
Payment and Performance Bonds
Quote for HVAC Services at Parkview Office Complex
CONTRACT NO. C36371
FIRST AMENDMENT TO AGREEMENT
WHEREAS, the City of Palm Desert ("City") and Desert Air Conditioning, Inc.,
("Contractor"), entered into an agreement, dated September 28, 2017, for HVAC preventative
maintenance services at City -owned facilities ("Agreement"), the parties wish to amend the
Agreement effective May 1, 2019.
NOW, THEREFORE, the parties agree as follows:
A. Term is amended to add the following paragraph to the end of the existing section, as
amended.
"The term of this Agreement is extended, and shall include the time period from July 1,
2019, through June 30, 2020."
B. The Amount of the contract will increase by the sum of twelve thousand one hundred
eighty and 00/100 dollars ($12,180) for additional heating, ventilation and air
conditioning (HVAC) preventative maintenance at the Parkview Office Complex. A
total of $2,436 in FY 18/19 and $9,744 in FY 19/20 for a total annual contract price of
$39,040.
C. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the 14th day of March 2019.
CITY OF PALM DESERT
A Municipal Corporation
Lauri Aylaian
City Manager
Attest:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
Approved as to Form:
Robert W. Hargreaves, Esq.
City Attorney
DESERT AIR CONDITIONING, INC.
Contractor
Approved as to Content:
Tom Garcia, P.E.
Director of Public Works
CONTRACT NO. C36371
CONTRACTOR 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 )
) SS
County of Riverside }
On , 20 , before me, , a 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 (Seal)
s*rvnw the coarAeml vat%y
590 WILLIAMS RD • PALM SPRINGS, CA 92264
(760) 323-3383 • FAX (760) 323-8983
www.desertairDs.com
LICENSE NO.276586
February 22, 2019
City of Palm Desert RE: Parkview Office Complex
73-510 Fred Waring Drive 73-710 &73-720 Fred Waring Drive
Palm Desert CA 92260 Palm Desert CA 92260
QUARTERLY MAINTENANCE SERVICE
Maintenance is provided to 64 units at the above listed addresses on a quarterly basis. The last
maintenance was completed in December 2018.The cost to continue the agreement for another year with
service four times a year is the same as last year, $9,744.00. This will be billed out at $2,436.00 after
each quarterly service.
The service is to include:
HEATING
• Replace filters
• Check for carbon monoxide
• Inspect heat exchanger
• Check inlet/outlet gas pressure
• Check/adjust fuel air mixture
• Check motors for voltage/amp draw
• Test system safety devises
• Inspect blower assembly
• Check/calibrate thermostat operation
• Check for gas leaks at furnace
• Check temperature rise
• Check combustion air
• Check ignition system
• Check electrical connections
• Check flue pipe
• Lubricate moving parts as needed
• Cycle furnace to ensure correct operation
• Give a written diagnostic report of findings
COOLING
• Replace filters
• Inspect for visible refrigerant leaks
• Check operating pressures and temperatures
• Check for proper operating voltage/amp draw
• Test system safety devices
• Lubricate moving parts as needed
• Inspect the blower assembly
• Check blower speed
• Inspect the wiring and control circuit
• Check thermostat operation
• Check coil temperature drops
• Check electrical connections
• Cycle equipment to check for proper operation
• Give a written diagnostic report of findings
Customer acceptance Date
Contract No. C36370
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of September, 2017,
by and between City of Palm Desert, California, hereafter called "City" and Desert Air
Conditioning, Inc., hereinafter called "Contractor'.
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
HVAC PREVENTATIVE MAINTENANCE FOR CITY -OWNED FACILITIES,
PROJECT NO. 760-18, CONTRACT NO. C36370, in strict accordance with the
Contract Documents identified below, City has accepted said Bid.
2. Contractor states that it has re-examined its Contractor's Bid and found it to be
correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) Any Change Orders issued; (1) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (m) The Determination of Prevailing Wage
Rates for Public Work, (n) Addenda No(s). 0 All of said Documents presently
in existence are by this reference incorporated herein as if here set forth in full
and upon the proper issuance of their documents they shall likewise be deemed
incorporated.
2. The term of this Agreement shall be from November 1, 2017, through June 30,
2019, or to such later date as may be agreed in writing between the parties. This
contract allows for an option of four, one-year contract extensions at the City's
option and based on Contractor's performance and mutual agreement.
3. Contractor agrees to inde�m��n�i!f�y+, defend and save City and its officers, agents and
employees, and the En_iieti 6i4nI4W*&rY:
J 1 . 31 ;I;
Contract No. C36370
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. City has specific criteria by which to evaluate the performance of
Contractor. If performance by Contractor is deficient, City reserves the
right to subtract an associated amount from the quarterly billing. Since it is
difficult to quantify and assess a value to every aspect of the work, City
may implement liquidated damages of $250 per day per incident until the
deficiency is corrected.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the City or the Contractor, should be entitled to a
reasonable sum for attorneys fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by City, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
2
Contract No. C36370
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Provisions Required by Law and Contractor Compliance. Each and every
provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall
comply with all requirements of applicable federal state and local laws, rules and
regulations, including but not limited to the provisions of the California Labor
Code and the California Public Contract Code.
8. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONT
BY: J/ ATTEST BY:
ignature two be notari
,d TIT TITLE: r� e \ �`�
�l C LE.
CITY:
BY: ATTEST
TITLE: Citv Manaqer of Palm Desert, CA
TO CONTENT:
MARK GFfENWOOD,P,.,E.
DIRECTOR OF PUBLIC WORKS
3
TITLE: City Clerk of Palm. Desert. CA
Contract No. C36370
CONTRACTOR 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 )
) SS.
County of )
On c'7v. 1611% , 20j_j, before me, a
Notary Public, personally appeared oafet -4,qbalj ,
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.
1„111111tell 11116111"I'lllllll„�� i-
1 �s�"°' %KA�ELYN O'DON4fl!
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not2147667 9
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Signature :111111lips I I 1111111111#1111111111141111 too:
n
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 106812156 Contract No. C36370
COUNTERPART NO. Z OF Z PREMIUM: $644.00
1IEROW I MM ON
ORIGINAL PERFORMANCE BOND#D
ISMIMMMIkermw
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to Desert Air Conditioning, Inc., hereinafter designated as the
"Principal", a contract for:
HVAC PREVENTATIVE MAINTENANCE FOR CITY -OWNED FACILITIES
PROJECT NO.760-18
CONTRACT NO. C36370
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Desert Air Conditioning, Inc., the Principal, and Travelers
Casualty and Surety Company of America as Surety, are held and
firmly bound unto the City of Palm Desert, hereinafter called the City, in the penal sum
of Fifty-one Thousand Two Hundred Sixty-eight and 001100 Dollars ($51,268.00), being
100% of the contract amount in lawful money of the United States of America for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, and successors, 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 (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
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 the City, during which time if the Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage
resulting from or caused by a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
Contract No. C36370
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Whenever the Contractor shall be, and is declared by the City to be in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the City's option:
a. Take over and complete the Project In accordance with all terms and
conditions In the Contract Documents; or
b. Obtain a bid or bids for completing the Project in accordance with all terms
and conditions In the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages, for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount
payable to the Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
C. Permit the City to complete the Project in any manner consistent with
California 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 the Contractor by the City under the
Contract and any. modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
2
Contract No. C36370
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this 13th day of October , 2017.
Travelers Cass and Surety Company of America
SURIJ(
BY: l
tare must be notarized)
Julia B. Ba s• Attorney in Fad
Desert Air Conditioning, Inc.
PR1NC AL
BY: _
(Signature must be notarized)
... JNSU ..'iV * IE" 4 PANY• ndlor i�GE�VT;;<: i
Name:
Travelers Casualty and Surety Company of America
Address:
21688 Gateway Center Drive
City/State/Zip Code:
Diamond Bar. CA 91765
Telephone No.:
(909)612-3670
3
Contract No. C36370
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verities only the identity of
the individual who signed the document, to which this cerfificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On October 13, 2017 before me, Stephanie D. Fisher, Notary Public
personally appeared Julia B. Bales
, 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 han nd Icial I.
Signature
L G�
4
STE )HAME D. FISHER
COMM. #2198544
NOTARY PUBLIC - CALIFORNIA mm'
RIVERSIDE COUNTY V y
My Comm. Expires lone 18, 2021
Contract No. C36370
PRINCIPAL ACKNOWLEDGEMENT
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 14
On t -4- before me, d^ (�' -1'Ji, K.Zih_ ��aL
personally appeare T d �1-�,u
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 helshe/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.
k91(tili
KATELYN O'DONNELI. "
Comm. #2147667zNotary Public-CaliforniaSignature [�Riverslde County
My Commission Expires
March 27, 2020 �=
5
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
A11 k POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 231098
Certificate No. 007140982
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Kenneth A. Coate, and Julia B. Bales
of the City of Riverside , State of Califortlia , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd
day of March 2017
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
' � � 1 �Oi'Y ^y'r;I`� ,�� IMt 0.4� f• J'�tY RRO.`' � _n�
f •IOR� t �" l' Fl �
��•�S'j � �� 11�51 �•.,SEALje 3'�SEJLI.:► �'+��'\.J�
��r . M, J of ,,..ct �� `' S . AM , �� • ,�,
State of Connecticut
City of Hartford ss
13y.
Robert L. Raney, Senior Vice President
On this the 3rd day of March 2017, before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
nr(*�
In Witness Whereof, I hereunto set my hand and official seal. �M+' `,My Commission expires the 30th day of June, 2021. Marie C. Tetreault, Notary Public
58440-5-16 Printed in U.S.A.
WARNING- THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNM . THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Gtuuanty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
OCT 132017
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 _.
Kevin E. Hughes, Assis�tSm�tary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING; THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 106812156 Contract No. C36370
COUNTERPART NO. 2 OF Z PREMIUM: INCLUDED IN THE PREMIUM
01UGINAL CHARGED FOR THE PERFORMANCE BOND
1�1 PAYMENT BOND NPIS"11I®ON
KNOW ALL MEN BY THESE PRESENTS: IsSUBM MWIMMD9
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Desert Air Conditioning, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated September 28, 2017, described as
follows: HVAC PREVENTATIVE MAINTENANCE FOR CITY -OWNED FACILITIES,
PROJECT NO. 760-18, CONTRACT NO. C36370 (hereinafter referred to as the
"Contract"); and
. WHEREAS, said CONTRACTOR is required to furnish a bond in connection with
said Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Desert Air Conditioning, Inc., the undersigned
CONTRACTOR, as Principal, and Travelers Casualty and Surety Company of America a
corporation organized and existing under the laws of the State of Connecticut and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Fifty-one Thousand Two Hundred Sixty-eight
and 00/100 Dollars ($51,268.00), said sum being not less than one hundred percent
(100%) of the total amount payable by the said City under the terms of the said
Contract, for which payment 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 said CONTRACTOR,
his or its subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any
materials, provisions or other supplies, implements, machinery or power used In, upon,
for or about the performance of the Public Work contracted to be done, for any work or
labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, 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 said CONTRACTOR and his or its Subcontractors pursuant to Revenue
and Taxation Code Section 18663 with respect to such work and labor the Surety or
Sureties hereon will pay for the same in an amount not exceeding the sum herein above
speed, and also, in case suit is brought upon this bond, all litigation expenses
incurred by the City in such suit, including reasonable attorneys fees, court costs,
expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
Contract No. C36370
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 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 the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant Is a person described in the
Civil Code Section 9100, 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, 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 13th
day of October , 2017
PRINCIPALICONTRACTOR: SURETY:
Desert Air ConditioningInc. Travelers Casualty and Surety Company of America
j7a e ONT CTOR) eame of Surety)
By: -
df N(Signature) (S nature of Attomey-in-Fact)
"% 1 1t� l `� j (L 1�`�S�C' J lia B. Bales, Attomey in Fad
(Typed Name and Tide) (Typed Name of Attomey-In-Fao
(Signature must be notarized) (Signature must be notarized)
The rate of premium on this bond Is $ 12.5-9 per thousand.
The total amount of premium charged: $ 644.0e
(the above must be filled In by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or In part, with federal, grant or loan funds, it must also
appear on the Treasury Departments most current list (Circular 570 as amended).
0
THIS IS A REQUIRED FORM.
Name: Name:
Travelers Casualty and Surety Company of America SAME
Address: Address:
21688 Gateway Center Drive
CitylStatelZip Code: City/State/Zip Code:
Diamond Bar, CA 91765
Telephone No.: Telephone No.:
(909)612-3670
SURETY ACKNOWLEDGMENT
Contract No. C36370
than Surety
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 Riverside
On October 13, 2017 before me, Stephanie D. Fisher, Notary Public
personally appeared Julia B. Bales
, 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 d official seal.
Signature
3
STEPHAN19 15 FISHER 6
COMM. #2198544 1
Uj NOTMY RNIJ1 Pn
ERSIOE COUNTY
V V V My COO. Expres June 18. 2021
Contract No. C36370
PRINCIPAL 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 Z4
On (ram t �7��- before me, �(<<
personally appeared 1-r 156Ux� �—�
--� wh;: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
-IISO 1//III/Itl isle ����1I' Illlllltllill-
, °'�, KATELYN b O44 '
a Notary yPPublic-�C° or7nia a
Q Riverside County
z My Commission Expires
March 27, 2020 �=
4
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
. .A. POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -in Fact No. 231098
Certificate No. 0 0 714 0 9 8 3
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Kenneth A. Coate, and Julia B. Bales
of the City of Riverside , State nf California , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd
day of March 2017
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
'[travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
s�G.yl��l�ly,�.k, Q�fTs `„RL � 4 O`►M,�`rsG! a't INlYy, �J��++µe �� ,w�r�
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1951 ~4�c �Y.SEAL o �t.3EJCL � o0t/t g \'""`Jtt tlfYt
State of Connecticut
City of Hartford ss.
By:
Robert L. Raaey, Senior Vicc President
On this the 3rd day of March 2017 before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.W
My Commission expires the 30th day of June, 2021. # * # `Marie C. Tetreault, Notary Public
58440-5-16 Printed in U.S.A.
WAF"NQ: THIS POWER OF ATTORNEY IS INVALID WM40VT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WTrHOUf THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, mcognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Fattnington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full farce and effect and has not been revoked.
OCT 13 2017
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 _.
Kevin E. Hughes, Assistant Sec tary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelershond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WfrrKVT THE RED BORDER