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A38010 CO1 HVAC Replacement 764-18
Contract No. A38010 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 11, 2019 PREPARED BY: Emily Roethler, Project Manager REQUEST: Ratify the approval of Change Order No. 1 in the amount of $9,379.00 to Contract No. A38010 with Desert Air Conditioning, Inc., for the Council Chamber Heating, Ventilation, and Air Conditioning (HVAC) Replacement (Project No. 764-18) Recommendation By Minute Motion, ratify the approval of Change Order No. 1 in the amount of $9,379.00 to Contract No. A38010 with Desert Air Conditioning, Inc., for the Council Chamber HVAC replacement (Project No. 764-18). Funds have been allocated to Account No. 4504161-4400100, Building Maintenance. Strateqic Plan The Council Chamber HVAC Replacement Project is part of ongoing maintenance activity and, as such, does not contribute directly to the objectives of the Strategic Plan. Background Analvsis On February 5, 2019, the City Manager approved Administrative Contract No. A38010 with Desert Air Conditioning, Inc. of Palm Springs, California, in the amount of $42,232.00, plus a 5% contingency in the amount of $2,111.60, for replacement of the HVAC system in the City Council Chamber. The original scope of the project included removing and replacing three existing HVAC units on top of the City Council Chamber. As the project progressed, staff identified the need to add an additional, smaller unit in order to enable climate control for the new media control room, which is anticipated to begin in the summer of 2019. Due to imminent weather conditions and the anticipated construction, it is recommended to install the additional units in conjunction with the replacement of the exiting units. Per the updated Purchasing Svstems and Public Works Contract, Section 3.30.170 Change Orders, Item B, Number 3, Change Order Number 1 may be authorized by the City Manager, and submitted to City Council for ratification. April 11, 2019 - Staff Report Ratify Change Order No. 1 to Contract No. A38010 to Desert Air Conditioning, Inc. (Project No. 764-18) Page 2 of 2 Fiscal Analysis This is a maintenance services contract and no fiscal impact beyond the contract amount is anticipated. However, energy savings will be realized with newer and more energy efficient units. The contractor, Desert Air Conditioning, Inc., has requested a lump sum price of $9,379.00 for the cost of the new unit and installation. The original budget for this project was $100,000 and the project fund balance, after approval of Change Order No. 1, will be $51,611, which is $48,389.00 under budget. Funds are available in Capital Building Maintenance Account No. 4504161-4400100. This is a one-time expense. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW WA Robert W. Hargreaves Tom Garcia, P.E. 6�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: Memo from City Manager Authorizing Construction Executed Agreement Memo from City Manager Authorizing Change Order No. 1 Change Order No. 1 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Lauri Aylaian, City Manager From: Emily Roethler, Project Manager Date: February 5, 2019 Subject: Purchase Order Authorization — Replace Three (3) Heating, Ventilation, Air Conditioning (HVAC) Units in City Council Chamber The Public Works Department requests authorization for the Finance Department to issue a purchase order to Desert Air Conditioning, Inc. in the amount of $44,343.60 (bid price of $42,232 plus 5% contingency of $2,111.60) for the replacement of three (3) HVAC units on the roof of the City Council Chamber. The Facilities Maintenance Division advertised and called for sealed bids through the Office of the City Clerk. The project was advertised twice in the Desert Sun (01/10/2019 and again on 01/16/2019). There was a Pre -Bid Meeting held on January 17, 2019; this allowed prospective bidders the opportunity to view the project location and ask questions. One addendum was issued answering bidders' questions. On January 29, 2019, sealed bids were publicly opened and read aloud with the following results: Company Name Los Angeles Air Conditioning, Inc. Desert Air Conditioning, Inc. Western Air Conditioning Co, Inc. F.M. Thomas Air Conditioning, Inc Pacific West Industries, Inc. City Bid La Verne, CA $66,296.00 Palm Springs, CA $42,232.00 Rancho Cucamonga, CA $107,000.00 Brea, CA $61,938.00 Anaheim, CA $48,954.00 Following Section 3.30.160A - Public Projects of the City's Purchasing Ordinance, the City Manager may award contracts of $50,000 or less pursuant to the Vendor Price Quote Procedure (3.30.120) or any exception consistent with the chapter. Once approved, the City Clerk will route a professional services agreement for signatures. Funds are available in Account No. 1104618-4400100. If you concur, please indicate your approval below. Emily R6 hler, Project Manager Attachment Review and Concur: Lauri Aylaian, City Manager Contract No. A38010 AGREEMENT THIS AGREEMENT is made and entered into this 19th day of February, 2019, by and between City of Palm Desert, California; hereafter called "CITY," and Desert Air Conditioninci, Inc. hereinafter called "CONTRACTOR." W I T N E S S E T H RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. COUNCIL CHAMBERS HVAC REPLACEMENT, PROJECT NO. 764-18; CONTRACT NO. C38010, in strict accordance with the Contract Documents identified below, and 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: 1. 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) Public Works Contractor DIR Registration Certification, (f) Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The Payment Bond, (k) General Specifications, (1) The Special Provisions, (m) The Standard Specifications as modified in other portions of the Contract Documents, (n) Exhibit of location of proposed work, (o) Any Change Orders issued, (p) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (q) The Determination of Prevailing Wage Rates for Public Works, (r) Addenda No.(s) 1. 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. Contractor shall commence the work within ten (10) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 14 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. A38010 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: 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 theAgreement. 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 Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be$1,000.00 per calendar day of delay. 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 attorney's 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 ten (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 thirty (30) days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the Contract No. J%38010 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 asfollows: "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. CONTRACTO 7 BY: i Signature to be notarized) � TITLE: V �, � CITY: BY: TITLE: City Manager of Palm Desert, CA APPROVED AS TO CONTENT: i OM GA CIA,P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: - /�_a � w%- TITLE: Citv . Palm - APPROVED AS TO FORM: ROBERT W. IRARGREAVES CITY ATTORNEY Contract No. K38010 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 County of „rp On ft 8L 19 , 2019 before fore me, a Notary Public, personally appeared Imo'✓' r> DNA-L,0 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. 'WW:- �4i '_ I Si natdr�f N t lic 9 rY DAVE BERGHOFF x COMM. #2184528 n. �� .,, NOTARY PUBLIC � CALIFORNIA '� •t�.F? RNERSIDE COUNTY y "'' • Commissim Expires FN+R 21, 2J21 't ORIGINAL ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 107020854 COUNTERPART NO. �_ OF Z PREMIUM: $531.00 THE RAN IS PRFOIM ON THE RAI. c0WW PfflM AN0 I— PERFORMANCE BOND IS SLSW MAouMIX.. KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Desert Air Conditioning, Inc. hereinafter designated as the "Principal", a contractfor: COUNCIL CHAMBERS HVAC REPLACEMENT PROJECT NO.764-18 CONTRACT NO. C38010 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Desert Air Conditioning, Inc. the Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Forty Two Thousand Two Hundred Thirty Two and00/100 Dollars ($ 42,232.00 ), 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 1-1 herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever 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. 1-2 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 February , 20 19 (Corporate Seal) Contractor/Principal Dese it Conditioning, Inc. B ," �..� y .- Todd haw �� Title: Vice President (Corporate Seal) Surety Travelers Casualty d Surety Company of America By: - Attorney -in -Fact Kenneth A. Coate Signatures of=those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. = (Attach Attorney -In -Fact Certificate) Title: Attomey-in-Fact The rate of premium on this bond is $12.55 per thousand. The total amount of premium charged: $ 531.00 (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. 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 Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM Travelers Casually and Surety Company of America Address: 655 N. Central Avenue, Suite 1600 City/State/tip Code: Glendale, CA 91203 Telephone No.: 818-409-4000 Name: Same as Surety Address: City/State/Zip Code: Telephone No.: NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 1-3 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 J County of,�n�� ) On ?!F% 9W zol i befo(e me, personally appeared u7 ra.L.J , 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 a I. (Signature ota blic� 1-5 Y::.Y.ti11:YlLL•:::.1tt\•: JW.:ti::V.Y.:tiY.::•.�Yy DAVE BERGHGFF ry . COMM. #2184528 X NOTARY PUBLIC • CALIFORNIA M X RIVERSIDE COUNTY Cowrwssion Expires MAR 21. 2021 :.YAM1.YILLYJ�\L�W.YhY.W.tiYf.\ :titSS•7X::.� :� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 FEB 13 2019 before me, Date personally appeared Stephanie D. Fisher, Notary Public Here Insert Name and Title of the Officer Kenneth A. Coate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name* is/are- subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herkheirauthorized capacity(es), and that by his/lietAheir signatures) -on the instrument the person* or the entity upon behalf of which the persons} acted, executed the instrument. STEPHANIE D. FISHER COMM. #2198544 „ NOTARY PUBLIC - CALIFORNIA fR RIVERSIDE COUNTY - V V .. y My Comm. Expires lone 18, 2021 Place Notary Seal Above 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 o is seal. Signature 5?ghature ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kenneth A. Coate ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual DO Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: no cther signers ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 W 6.516 STATE OF -CALIFORMA DEPARTMENT OF INSURANCE SAX.nacmao -Amended C6ftfficrdte of Au$otity !-7*s 4--ro CO*►Y; That; purivan' to thjeInsurance code of the State of California, . Tkavelers Casualt y and Surety Co.,.Tp any fit: America Of . Aa,itf rd, c6hh66ticiit &ganwduhdo Ad laws of 0 . onnec.tic# to,its ktWapj.10,wi'p&,2Vqn.or is hereby Wthift6d'16.'frawO t6"in this -StOk sublcot to an provWm of this Certifeate, the I*Wlng c4=- -Of'jm*anoei -Pita, Maiine, `Surety, Did6bilitqi ,Pla!t6: Glast, Li6iifty' Wprke;rs_! ComPensa*i6h, .Common Cai:rj.er .0} le*r -and H*acliifi6rXi. Burglary, Credit, Sprinkl6t, 2ealh and vehic1g, Automobile, -Ai.rq;Aftand tlieot�llaneou's as such classes are!wwOr mdy hereof ter defined in the Inwrants idw O-Av $Wa of 04ilmO. Sms dmmnom is exprouk.cooditioned Upo*0 the holder heifof moW and horeafter beinsin YO oojnp*lkmce 96uh 6 . ul-aili - dot -&-woldloji 01 XW"pj the applicable -law and law)W -requirements made. under authority of theik:ii�s p Wnts are 00 4t4ts*qj cdygmianaogg as -such laws or rvqui�e -in Uffect and swicable, and as. such IqW 4n;t requfrmen6po*w 4.4;* racy 41itafter le changdd or amended. -.0 mvrpos Wmmop, qedlive-as of 'the._1st' 40Y ji'V P4L'.1. hwelweUbtd !et Id and caused rq ofiiow'.teal to be arixed.0--k-6th—, .. junp - . . . uirea abcompriihed "4- U code JtDWeza�( pir IOU hofky. Fwl"o to do �m. vk..b.e.& 0A44--.. lox 0fi . I . h . III".. to the pursiliit covem's" Im, ad Id' * AVOW= w Iwo Travelers Casualty and Surety Company of America AVIlk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Kenneth A Coate of,RIVERSIDE California , their true and lawful Attorney -in -Fact 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 February, 2017. State of Connecticut By, - City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017. before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. My Commission expires the 30th day of June, 2021 *t0 • Marie C. Tetreault, Notary Pubric This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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, 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 Attomeys-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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this day of FEB 13.2019 r4, * oaea e �mm. O�t1l 8 taw t c e, E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call as at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond tv which the power is attached. 01UGINAL BOND NO. 107020654 ISSUED IN TWO ORIGINAL COU TERPARTS PREMIUM: INCLUDED IN THE PREMIUM COUNTERPART NO. � OF � CHARGED FOR THE PERFORMANCE BOND J— PAYMENT BOND 1WPMN1SFflWTMffi 7HEFMLCO MCTPKEAND KNOW ALL MEN BY THESE PRESENTS: 6S SUBJECTM AmTm 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 February 12, 2019 described as follows: Council Chambers HVAC Replacement, Proiect Number 764-18. Contract No. C38010) (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; 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, Desert Air conditioning, Inc.' ,the undersigned CONTRACTOR, as Principal, and Travelers Casualty and Suretv 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 Forty Two Thousand Two Hundred Thirty Two and DO/100 Dollars ($42.232.00 ), 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 J-1 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 specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorney's 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. 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 modifibation, 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 February 20 19 PRINCIPALICONTRACTOR: Desert Air Conditioning, Inc. (Typ N � rind a � tractor By: (Signature) - (Signature to be Notarized) Todd Shaw, Vice President (Typed Name and Title) J-2 SURETY: Travelers Casualty and Surety Company of America (Typ .dame o/y-in-F,.t) e By: ($ignature of Attom (Signature to be Notarized) Kenneth A. Coate, Attorney -In -Fact (Typed Name of Attorney -in -Fact); The rate of premium on this bond is $12.55 per thousand. The total amount of premium charged: $ §31.00 (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 Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM -,c/alti &.undei..th-[&-n `►nay add ;Agee ;or.:: -Re Surety. = _ - process Name: Name: Travelers Casualty and Surety Company of America Same as Surety Address: 655 N. Central Avenue, Suite 1600 City/State/Zip Code: Glendale, CA 91203 Telephone No.: 818-409-4000 Address: City/State/Zip Code: Telephone No.: J-3 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•+` �- On �`� l5 �l °I before me `�r9 �� ( 1 i1 -� ''�3% C— � J personally appeared V A0.�4-L , 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 gnature J-5 ? DAVE BERGHGFF r COMM #2184528 x K •� . „� NOTARY PUBLIC • CALIFORNIA ? {`' RIVERSIDE COUNTY • Commiswn Expres 61AP, 21. 2021 SURETY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only a identity of the individual who signed the document, to which this certificate is ached, and not the truthfulness, accuracy, or validity of that document. County of On before me, / personally appeared //her/their ho proved to me on the basis of satisfactory evidence to be the pame(s) is/are subscribed to the within instrument and acknowledged tohey executed the same in his/her/their authorized capacity(ies), and thaignature(s) on the instrument the person(s), or the entity upon beherson(s) acted, executed the instrument. I certify under PENALTY OF,,PERJURY under the laws of the State of California that the foregoing paragraph is tru and correct. WITNESS my hand d official seal. Se-P— W4dq�ect N+J Signdture of Notary Public JA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califomia County of Riverside On FEB 13 2019 before me, Date personally appeared Stephanie D. Fisher, Notary Public Here Insert Name and Title of the Officer Kenneth A. Coate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/at% subscribed to the within instrument and acknowledged to me that he/shei'they executed the same in his/he,ftd, authorized capacity(fes), and that by hisfherhheir signature( -on the instrument the persons} or the entity upon behalf of which the persons; acted, executed the instrument. STEPHANIE Q.�FISHf comm. #2198544 cow DECWr�lr°RM� ...... . Fxpi�es 1wN t8, X21 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and o ' is se I. Signature Signatur o otary Public OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kenneth A. CQgte ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: no other signers ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 N? 6516 STATE OF -CALIMXM DEPARTMENT OF INSURANCE I SM MOM= -Amended Certificate of Au$dkity Tws is TO Oisi&x, That, pursuant to the, Insuraw Votle 61 the State of Cal#omla. Travelers Casualty ,and Surety -C90P ap of imeilca y Of Hartford; t6nfiocticut Orrg=iZid under th e i0im 01 ConneeticUt subfcot folk Ar.Ndsspf-IoCMV&rdMpA.-qr is hereby aUt,h6nwd*to,trajwd. U*W this State, sUbjeoi to all prOWSIOM bf thk QOIti&*, the following CIMU Of inMianoe: Fire, Matihe, -'Surety, Didability, Tlat6 Glass, Liability, workers' CompRpsatl'6h, Common Carrier Liability, Boiler and Machine'ry, Burglary, Creidit, Sprinkler, Tei3m and Vehicle, Automobile, Aircraf,j, -.4po 6I:Lsdellan4ou's as such claws are nozb or may heiiaftef be. deflOad in the Inswows Laws of the State ol California. Teas Comnm-n is expressly coodwoned-tq" the holder ho:*ot noiv and -hereafter beingin. full Oompwflee with A and not in violation of any, of tho applicable laws and ION. req4troxneits made.wWorauthority bf the Jaws.of $70 ;9aI6*pj patfigmia as -lohg as **such law or requirements are in-gfeci and applicable, and as such laws aarequiremen6-now diro,-oibray hereaftarWe didngad or avwded. - -J?f WMMS WUMEbF, 46di0e OS Of &0 I'Rf` day OfJuly )*e hereubto, set *iV hand and caused my offlckl =1 to be af=.04 A It-J& th- PA�Xv- -LYAOr-prl-d.- b.b-Iqv 'Oro z"I 5 n ft:" of State most be &L=mphshed as irequim. 0 prowptly after L"WO6 offl* O"flawev Anthori . ty. Mute to do so WIU be.a violatfou'a 1IF6&, ie, =."O= VAMS111, ,,a grill be for XavgWg this Certificate of AuH&6rftj..pukaaiit to 46ho aova6nti'made In pucafl= thador sad t2is M&bw Muww hesetm st W" Travelers Casualty and Surety Company of America .Ak Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Kenneth A Coate of RIVERSIDE California , their true and lawful Attorney -in -Fact 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 February, 2017. V�woi� E)m Y T��it . State of Connecticut By: City of Hartford ss. Ro rt . Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. My Commission expires the 30th day of June, 2021 *uo • Marie C. Tetreault, Notary Public 'This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 duty 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 Attomeys-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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this day of FEB 1.3 2019 (BOG) Kevin E. Hu(ghes,Assiltant Secretary To verify the authenticity ofthis Power of Attomey, please roll us at 1-800-421-3MO. Please refer to the above -named Attomey-in-Fad and the details of the bond to which the power Is attached. (74 Department of Industrial Relations Hjf 1000001209 Contractor Details L ------ - Labor; --•---- --------- __----------_: — ----_ _--_—.: _ __ ____---- ---__ .- Contractor Information Legal Entity Information Workers' Compensation Cal/0, Legal Name Legal Entity Type DESERT AIR CONDITIONING, INC. CORPORATION I Work Q i Trade Name I DESERT AIR CONDITIONING, INC. Self In I License Number(s) CSLB '276586 I Appre' Mailing Address i I 590 WILLIAMS ROAD PALM SPRINGS, CA 92264 Direct) Physical Address 590 WILLIAMS ROAD PALM SPRINGS, CA 92264 Board' Email Address TINAPDESERTAIRPS COM Public Works Public Works Contractor (PWC) Registration Search Enter at least one search criteria to display registered public works contractor(s) matching your selections. Note: Search results will display all of the public works contractor registrations, both current and expired. Make sure the proper registration fiscal year is selected when performing a search. Registration Fiscal Year: 7/1/2018 - 6/30/2019 PWC Registration Number: C example: 1234567890 Contractor Legal Name: f desert air conditioning License Number: example: 123456 Contractor License Lookup County; Select County Simi ch R�«a This is a listing of PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Export as Excel I PDF Search Results One registered contractor found. 1 Details Legal Name Registration County city License Current Registration Expiration Number Type/Number(s) Status Date Date View DESERT AIR CONDITIONING, 1000001209 RIVERSIDE PALM SPRINGS CSLB.276586 Active 05/21/2018 06/30/2019 INC. v2.20180928 About DIR Work with Us Learn More Who we aie Jobs at DIR Accesu al idtoma DIR Divisions. I icensinF, Boatcis& reFisti itwns. Frequently COITIorissions a rt.(i iUnnc Asked pern,�ts Questions Contact DIR Required notifications Site (l:ap Puirt:c Records Fequr:st, Back to lop Cor .11tions of Use Disc I)in ier POI.C; Acco>sobilir, Sit(• Kvip Contact Us 4 o Coh; i irht 2k:111 Sr.itti w' (.ii.Foi n,. COMPANY PROFILE Company Profile Company Search Company Information Company Search Results TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Company ONE TOWER SQUARE Information HARTFORD, CT 06183 Old Company Names Old Company Names Effective Date Agent for Service Reference AETNA CASUALTY & SURETY COMPANY OF AMERICA 07/01/1997 Information NAIC Group List Agent For Service Lines of Business KARISSA LOWRY Workers' 2710 GATEWAY OAKS DRIVE Compensation SUITE 15ON Complaint and SACRAMENTO CA 95833 Request for Action/Appeals Contact Information Reference Information Financial Statements PDF's NAIC 11: II 31194 Annual Statements (California Company ID #: II2444-8 I I Quarterly I I Statements I Date Authorized in California: II07/31/1981 Company Complaint Company I License Status: II UNLIMITED -NORMAL , Performance & I Comparison Data I Company Type: it Property & Casualty Company I State of Domicile: II CONNECTICUT Enforcement Action Composite Complaints Studies back to top Additional Info Find A Company NAIC Group List Representative In Your Area View Financial NAIC Group #: 3548 Travelers Grp Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top 9) 2008 California Department of Insurance CONTRACT NO. A38010 CONTRACTOR'S BID C — CONTRACTOR'S BID COUNCIL CHAMBERS HVAC RELPACEMENT PROJECT NO.764-18 CONTRACT NO. C38010 TO: CITY OF PALM DESERT, "CITY" DATE: 151 O Lk4t (li 9 BIDDER: �� C Cc o l"-� . d, t 'CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully ex fined the site and the Contract Documents for the construction of, COUNCIL CHAMBERS HVAC REPLACEMENT, PROJECT NO. 764-18, CONTRACT NO. C38010, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for sixty (60) calendar days after that date. 2 The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform thework. 5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the cash, check or B i d B o n d is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense C-1 and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. 6. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1 Unit 1 1 LS $ Manufacturer: e-(• Model No: �' �G %A(% 7 Cb-bos P (i5 2 Unit 2 1 LS $ �M qufacturer: ,[�(rie- C) �v Model No: Iy ft) �S 3 Unit 3 1 LS $ M nufacturer: cc- e.(- y o � to • o Model No: �5 , `Ag`'-CIL TOTAL BID PRICE $ 42-ra3A. 0 0 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ `1 a, C�3a • 0 0 TOTAL AMOUNT BASE BID IN WORDS -} oc -6410 IN WITNESS WHEREOF CONTRACTOR executed this Bi as of date set forth on Page By: ter_ i /Signature (must be notarized) Title: V c C J�(-P S C► - to C-2 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 thatdocument. State of California Countyof On ..3A.,d ZPI 2019_before me, I-4✓L- MxM�P personally appeared id5tin -r"u,4r,� 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 signatures(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. '-� Signat r N a P is C-3 • DAVE BERGHOFF COMM #2184528 xA�j[q' NOTARY PUBLIC • CALIFORNIA �. RIVERSIDE COUNTY {} Ccmrmssr_n Expras MAR 21, 202I E - PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.11, 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 httr)://www.dir.ca.aov/Public-Works.html for additional information. No bid will be accepted nor anv contract entered into without proof of the Contractor's and Subcontractor's current registration with the Department of Industrial Relations to perform public work. Bidder herebv 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. 1a � NAME OF BIDDER:,���SZ� `T Cony �Qn:n3 Tin 1 DIR REGISTRATION NUMBER: 100 000 ID-0cl DIR REGISTRATION NUMBER EXPIRATION DATE: Ic`3�%-�LJ I �l DIR CERTIFIED PAYROLL EMAIL ADDRESS: C'��'' ������ E6f _.:�A� + PS. Lv�� 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 1725.5and 1771.1 in its contract with any and all subcontractors and ensure that all subcontractors are registered at the time of the bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or cgmply with any of the above requirements may result in the bid being deemed non -responsive. 4. Within five (5) days of award, Contractor will provide to the City all Labor Classifications that will be employed during the project, sorted by Contractor or subcontractor. Name of Firm: V i\,Lc Cc> / 1 Signature: Printed Name: CgjhGuJ Title: 4, L� � (� 5 , c� e a+ Dated: \ - C�� - 1) Gk Cl'* E-1 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Lauri Aylaian, City Manager From: Emily Roethler, Project Manager Date: March 15, 2019 Subject: Approve Change Order No. 1 to City Council Chamber HVAC Replacement (Project No. 764-18) On February 5, 2019, City Manager approved Administrative Contract No. A38010 for City Council HVAC Replacement to Desert Air Conditioning, Inc. of Palm Springs, California, in the amount of $42,232.00, plus a 5% contingency in the amount of $2,111.60. The original scope of the project included removing and replacing three existing HVAC units on top of City Council Chamber. As the project progressed, Staff identified the need to add an additional, smaller unit in order to enable climate control for the new media control room, which is anticipated to begin Summer 2019. Due to imminent weather conditions and the anticipated construction, it is recommended to install the additional units in conjunction with the replacement of the exiting units. The Contractor has requested a lump sum price of $9,379.00 for the cost of the new unit and installation. The original budget for this project was $100,000 and the remaining project fund is $57,768.00. Staff is requesting approval of this change under the updated Purchasing Svstem and Public Works Contract, Section 3.30.170 Change Orders, Item B., number 3. Until an approved Change Order is received by the contractor, the new unit cannot be ordered. Respectfully, Emily Ro ler Project M ager Review and Concur: Lauri Aylaian, City Manadet_ CITY' OF: PALM: DESERT CON,TRACT CHANGE. ORDER Contract Purpose Replace HVAC in City Council Chamber Consultant's Name Desert Air Conditioning, Inc. Address: 590 Williams Road Palm Springs, CA 92264 Contract a / P.O. tt A38010 Change Order No. 1 , Contingency: YES I Q NO) Account No. 4504161-4400160 Project No. 764-18 Vendor No. I V0006591 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE in Contract Price In Contract Price Install new 2 ton unit in new media control room $9,379.00 TOTALS. - 9,379.00 NET CHANGE IN CONTRACT PRICE: 9,379.00 JUSTIFICATION: As the project progressed, Staff identified the need to add an additional, smaller unit in order to enable climate control for the new media control room, which is anticipated to begin summer 2019. Due to imminent weather conditions and the anticipated construction, it is recommended to install the additional unit in conjunction with the replacement of the existing units. sa- Ths t, , m 1,.= & ATnurt 9,379.00 Less:. ChwW • tla�s): - BA-ANCECFBUDGEr Less.• .- • .- 9,379.00 The amount of the Contract will be increased by the Sum of: $9,379.00 Contract A38010 Contract Change Order No. 1 Continued from front This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 7 Days Revised Contract Total $51.611.00 The undersigned Contractor approves the foregoing Change Order No.1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order No. 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. Al 1. REQUESTED BY: 2. ACCEPTED BY: "� 3- ( v i TOM GARCIA, P.E. CONTRACTOR Date Accepted PUBLIC WORKS DIRECTOR 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: JANET MOORE LAURI AYLAIAN FINANCE DIRECTOR CITY MANAGER Date Approved NOTE: No payments will be made prior to City Manager and Council approval