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C36540 - DWGR HVAC Rplcmnt Prjct 866-18
Contract No. C36540 STAFF REPORT .. -- CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: February 8, 2018 PREPARED BY: Carlos G. Hernandez, Facilities Manager *4Y REQUEST: Award Contract No. C36540 in the amount of $34,431 to Desert Air Conditioning, Inc., of Palm Springs, California, for the Desert Willow Golf Resort HVAC Replacement (Project No. 866-18). Recommendation By Minute Motion: 1. Award Contract No. C36540 in the amount of $34,431 to Desert Air Conditioning, Inc., Palm Springs, California, for the Desert Willow Golf Resort HVAC Replacement (Project No. 866-18); 2. Authorize the Finance Director to set aside an additional contingency in the amount of $15,000 for unforeseen expenses; 3. Authorize the City Manager the use of said contingency by means of a Change Order, should staff recommend it; 4. Authorize the City Manager to execute the subject agreement, and all related documents, including any Change Orders; and 5. Authorize the Mayor to execute the Notice of Completion upon satisfactory completion of said work. If the above actions are approved, funds will be available in t Account No. 4414195-4332000, R/M Desert Willow. Strategic Plan Objective Installation of the HVAC units at the Desert Willow Golf Resort is an operational function and, as such, does not directly contribute to the objectives of the Strategic Plan. Background Analysis The Desert Willow Golf Resort has three (3) rooftop package HVAC units that are more than 20 years old and have exceeded their life cycle. Therefore, a Notice Inviting Bids for the Desert Willow Golf Resort HVAC Replacement was advertised on December 27, 2017. Sealed bids were opened and read out loud on Thursday, January 18, 2018, with the following results: February 8, 2018 - Staff Report Award C36540 for Desert Willow Golf Resort HVAC Replacement Page 2 of 2 Company Name City Bid Desert Air Conditioning, Inc. Palm Springs, CA $34,431.00 F.M. Thomas Air Conditioning,Inc. Brea, CA $37,662.00 Pacific West Industries, Inc. Anaheim, CA $38,440.00 Staff has reviewed the contractor's qualifications and found them to be in accordance with the type of work requested in the specifications. Desert Air Conditioning, Inc., recently completed the replacement of an HVAC system at the Palm Desert Civic Center, Corporation Yard, and Fire Station 33 and 71. They also currently provide the quarterly HVAC preventive maintenance to thirteen City owned facilities, and staff have found their performance to meet the City's expectations. Due to the small contract amount, staff also recommends authorizing the City Manager to execute any change orders up to a total of $15,000 for unforeseen expenses, and the Mayor to execute the Notice of Completion should the work be completed within schedule and satisfactorily. Fiscal Analysis This is a maintenance activity and there is no fiscal impact beyond the contract amount. Energy savings are anticipated with newer, more energy efficient units. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW obert W. Hargreaves T' othy . Jip asson, P.E. t Moore Lauri Aylaian City Attorney Independent Interim Director of Finance City Manager Director of Public Works APPLICANT: Desert Air Conditioning, Inc. 590 Williams Road Palm Springs, CA 92264 ATTACHMENTS: Bid — Desert Air Conditioning, Inc. Agreement Performance Bond Payment Bond C—CONTRACTOR'S BID DESERT WILLOW GOLF RESORT - REPLACE THREE HVAC UNITS PROJECT NO. 866-18 CONTRACT NO. C36540 TO: CITY OF PALM DESERT, 'CITY" DATE: 1" ! 7 ' 1 g BIDDER: Y ` e (- f\ ,c Can c I , an g 1‘g 1-��. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of DESERT WILLOW GOLF RESORT - REPLACE THREE HVAC UNITS, PROJECT NO. 866-18, CONTRACT NO. C36540, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). i wt for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: 1. 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 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 the work. 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 Bid Bond 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 C-1 expense 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. • . Minimum,' Lump Sum Ph fV i Manufacturer Ton/ aseNoltage SEER- Unit Qty ' Bid Price • 1 Trane (or 7.5 ton/3 Phase/460 14 1 LS $ ' $"5. 0 0 approved equal) volt(package unit) 2 Trane (or 5 ton/3 Phase/460 volt 14 1 LS 9 $)?j•OO approved equal) (package unit) 3 Trane(or 5 ton/3 Phase/460 volt 14 1 LS $ 0 approved equal) (package unit) 1, 3)3, 0 • = ,TOTAL LUMP:SUM BID PRICE $ 3/ d/,3),Q') 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. , 1 TOTAL AMOUNT BASE BID IN FIGURES$ 3(j, 13 I• OD TOTAL AMOUNT BASE BID IN WORDS +h t 0}y coux -1--)Noak n , )11.A t10(e(), 4- ( on.e 4o 1\a (5 a¢ o D - IN WITNESS WHEREOF CONTRACTO c is Bi kof date set forth on Page C-1: By. Sign re (must be notarized)d/"Iy • Title: ` ?1 5 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 that document. State of California ) County of cure wd e J ) . , On /— / 7 , 20a before me, personally appeared_ "ro 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 ha :"a, • •ff+cial seal. wYX .M,,, ,,„�I Or' •�. LiNDA oisagiELD, ,, ..,,,' y comm.#2141009 4,f, NOTARY PUBLIC•CALIFORNIA 8 `.1gr} RIVERSIDE COUNTY Signature of NotaryPublic ��1 g Commission Ewes Feb.25,.v. M�Kv�M1M1M1R11titiAWJ17f W.Y.WJKN:NK\L C-3 D—INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. Additional information may be required of the successful bidder. (1) Company Name V("k- PY% CD(13:134 0 (2) Address ;9 0 GU . P i crrn e 1`(A_ �r S C ci O y (3) TeIephone No. 760'33 -�j�� (4) Type of Firm (Individual, Partnership or Corporation) Co CFI-4 0 r\ (5) Corporation organized under the laws of the State of C "r 11 o( ,'G . (6) Contractor's License No. 'an(, S r6(0 Exp. Date I D-I‘ - (7) Department of Industrial Relations Contractor Registration number: 1 0000 0 IaO1 (8) Email Address of Contractor's DIR Contact 4-A10 c1es (4-ai c pS• cDo-n (9) DIR Classifications C ao (10) Have you or any of your sub-contractors been debarred: Yes ❑ No If yes, provide additional information on a separate sheet. (11) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (Use separate sheet if necessary.) ' S T( 5 Apr) "Toby sbu..l v c c '�CPSi`i"n'\- f3cc>1 S '1 an Ce c ksor • (12) List at least three similar projects (on-going or recently completed): _' - , • - Name, Address&. Confract;Arnovnt• .. Class of_Woik .Date Completed, .: Telephone No. of Owner, , , 1. HJ �� �- aQ�S 5 , c� 13dron 507 7Y0 . ye 2e%laeerren�— tg;M�' TP fl,7.2(14 9/1. 00 NG4 r1%en‘- 9- lc- l7 t?,a?,\ crc I?r f r +�sY'If!V 9109,co- 34c,.:N4r.: 3. IA fl L. �}: 1 .or` •rd-\i Cvcnpor 97, 7gACc' 1ao'n�� 1a- � )-) ar ; b z C hu c ' 5i1ore 749d-69.a- bFa D-1 DESERTar COND1110NING, INC Sery Ina the Coacfieffa-Vaffey Since 1934 590 WILLIAMS RD•PALM SPRINGS,CA 92264 (760)323-3383•FAX(760)323-8983 www.desertairps.com . LICENSE NO.276586 OFFICERS OF COPORATION Jeff Shaw President 3197 Sonora Road Palm Springs,CA 92264 760-272-1187 Todd Shaw Vice President 68-777 Quista Court Cathedral City,CA 92234 760-272-1188 Nancy Shaw Treasurer 3197 Sonora Road Palm Springs, CA 92264 Bryan Shaw Director 31805 Temecula Parkway#704 Temecula, CA 92592 760-272-1186 (13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the following list gives the name, business address, the DIR Public Works Contractor Registration number, portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent or $10,000, whichever is greater. Failure to Include the subcontractor's DIR reaistration number may result in the bid being rejected as non-responsive. Subcontractor's Name: n(1 n-e License Number: DIR Contractor Registration No. Business Address: • Telephone: D1R email address: D1R Classifications: Work Description: Percent of Work: Subcontractor's Name: C\O'(1'e License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DiR Classifications: Work Description: • Percent of Work: Subcontractor's Name: 'n on'e License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: (14) List the name of the person from your firm who inspected the site of the proposed work: Toc)' D-2 • (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. (16) Contractor hereby swears under penalty of perjury that this information provided is true and correct. /7 4( jLi By: Title: ‘C (esr.oLnContractor's Signature • D-3 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 httpJ/www.dir.ca.gov/Public-Works.html for additional information. No bid will be accepted nor any 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 hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. , NAME OF BIDDER: e' e` - •� lD ' \-� CINan DIR REGISTRATION NUMBER: ()DODO i ati DIR REGISTRATION NUMBER EXPIRATION DATE: (o -30 - o^t 1g DIR CERTIFIED PAYROLL EMAIL ADDRESS: t)uK CO (a. fi C)%e \- G%f. (p p' • Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with 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'comply with any of the above requirements may result in the bid being deemed non-responsive. 4. Within five 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: bi rSe( Ir 'A- ( CO v c i i o r\,`� 1 In c� Signature: 7,6AF J Printed Name: 1-pU .716 L1 J Title: V C '>cec f\-\ Dated: fl ` 1 g E-1 • F— NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the 111? of� (l'e5 ' 1 C� �i ow the party making the foregoing bid. The bid is not made in the interest of, or on b half of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are'true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and. will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and th ..t.this declaration is executed on the )`l day of J e n uG r 20 1 , at r(\ S Ch city State CONTRACTOR By: 7X, Pk3 Signature Title: v C ee cC:e 5 J ci P F-1 r , BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS,that we Desert Air Conditioning, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Palm Desert as Obligee, hereinafter called the Obligee, in the sum of not to exceed ten percent (10%) of the total bid amount Dollars ($---), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Desert Willow Golf Resort-Replace Three HVAC Units NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for,which.the Obligee may in good faith contract with another party to perform the Work covered by said bid, then.this-obligatiicin shall be nun and void, otherwise to remain in full force and effect. - - , � . Signed and sealed this 10th •_4 of January,2018. - / Desert Air C boning,Inc. _Ce _ y AL. 14f•( /, I (P rp (Witness) V (Title) T - - . Cas .ity and Surety Company of America �� ��� (Surety^ (Seal) ,.a max.'j Renae Balderas (Witness) ':`` Ba -s,Attorney-In-Fact • • . ` The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, February 1970 Edition 1 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 /60-eilat4 ) On , 20/before me, /,/,JD/1- Di, 40:�t O /L personally appeared '"fcc Ala, z. 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 an. "al seal. .• ...�... LINDADISTENFIELD 3 ,: COMM.#2141009 >c ,� 2 4ir , ,:;, NOTARY PUBLIC•CALIFORNIA 011 K vs. I RIVERSIAE COUNTY �,;; ►J Commission E fires Feb.25,2020 Signature of Notary Public '""^^"""'"""""""""""' G-4 , WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS` POWER OF ATTORNEY 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. 007141025 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 California ,their true and lawful Attorney(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 perfomiance of contracts and executing or guaranteeing bonds and undertakings required or permitted,in any+actions or.proceedings allowed by law. .v�:. i� ,1. i IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and tbeu•corrpo at seals to be hereto affixed,this 3rd day of March , 2017 'y01- •.;j, " ' "' Farmington Casualty Company ..<,�,./� .�" `. r St.Paul Mercury Insurance Company Fidelity and Guaranty 3nsurancc m Copany4(,_i - Travelers Casualty and Surety Company I Fidelity and Guaranty n sufancc'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 S •�,� ` ., s.,of t` 0,*�`M1``9 JP+ sy0,, ,J•�tt Ahp. IWWfly -LA"''t�°q� i e9a t`1 a, "` 1951 ''� ^ ,,,,et, •SEAL e" -t\58LL1i j S v AM S.►M '.eta , 0. N.. , ••f• ��,�/State of Connecticut By: / City of Hartford ss. 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. - at !ALA., t. �1 In Witness Whereof,I hereunto set my hand and official seal. t '* : w�" `'' ' ..in My Commission expires the 30th day of June,2021. * 10UiL10 t Marie C.Tetreault,Notary Public s J •16, . . 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: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 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 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 Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compadiess'which-is in-t4tt11 force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed e cads of said Comp this day of U O �O�`r ,20 _. „A f: Kevin E.Hughes,Assistant Sec tary r��ray } lb\ ��� 024: �tMJuq +J�tt � w r y°,t'' ' 'Go - J ;1,- �� e� 4nd �'LISPII yuse fir' I�? EJLLiir :g E' t1/4 Qd • *Ni 1 � —��'� 'Yi �C`� `� '�7® e-•71; Alit 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 v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 :!-..•c.......s�<.iZe<•c:!r<!.;<Cd<!:.<.:tr�:�t�:.<,T iC<!o:<!:;N.'n<!'.Ct!:<!:CY:<✓:;<.:C</IK<T<..'�2!a�<.a\V«%:\ .N•✓A</T</:c</:a<cc..4 d':C•.:;%LCV:«!.\.-T<.�.t.•Tt� 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 JAN 1.0 2018 before me, Stephanie D. Fisher, Notary Public Date Here Insert Name and Title of the Officer personally appeared Julia B. Bales Name(s)of Signer(s) 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/theirauthorized capacity{►es),and that by his/her/tbeir'signature(s)-on the instrument the person(s) or the entity upon behalf of which the persons).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. STEPHANIE D. FISHER WITNESS my hand and official seal. ' COMM #21.98544? ?pp N0TARYPUBl1C-CAUFORNIA r• RIVERSIDE COUNTY My Comm.Expires lone 18,2021 Signature - "- - " " - - - Sbi natur= o otary Public Place Notary Seal Above 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: Julia B. Bales . Signer's Name: no other signers ❑Corporate Officer— Title(s): ❑Corporate Officer —Title(s): ❑Partner— 0 Limited 0 General ❑Partner— ❑Limited ❑General ❑Individual lI Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee ❑Guardian or Conservator ❑Other: El Other: Signer Is Representing: Signer Is Representing: L:'riA•ic:'!c;r.s'✓c-.i :✓s�c':!s:.r!c�v;u.erq✓q✓:::ic'.r!':!tivt�':L•i::r:.„.•✓,,�:!c�r!vr.y�r•<�«c�•.<:.r:t�r..,�,�h_.:.`!c'r.s'r.�!c�': •l•':'nv'�iL'rCv'c<£'<� ©2014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 C36540 A— AGREEMENT THIS AGREEMENT is made and entered into this day of 20 , 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, 1. DESERT WILLOW GOLF RESORT- REPLACE THREE HVAC UNITS, PROJECT NO. 866-18; CONTRACT NO. C36540, 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, (j) General Specifications, (k) The Special Provisions, (I) The Standard Specifications as modified in other portions of the Contract Documents, (m) The Plans, (n) Any Change Orders issued, (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (p) The Determination of Prevailing Wage Rates for Public Works, (q) Addenda No.(s) . 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 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 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. C36540 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 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 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$500.00 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 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 satisfactorily completed. Any delay or postponement of payment from the above C36540 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. CONTRACTOR: BY: ATTEST BY: (Signature to be notarized) TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: TIMOTHY R. JONASSON, P.E. ROBERT W. HARGREAVES INDEPENDENT INTERIM DIRECTOR CITY ATTORNEY OF PUBLIC WORKS C36540 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 ) 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 of Notary Public C36540 B— PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: DESERT WILLOW GOLF RESORT - REPLACE THREE HVAC UNITS PROJECT NO. 866-18 CONTRACT NO. C36540 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,_ the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Dollars ($ ), 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 Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. C36540 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. 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 day of , 20 . C36540 (Corporate Seal) Contractor/Principal By: Title: (Corporate Seal) Surety By: Attorney-in-Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title: The rate of premium on this bond is $_ per thousand. The total amount of premium charged: $ (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 Sure Agent or Representative for service of process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: 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. C36540 SURETY 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 ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public C36540 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 ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public C36540 C— PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated described as follows: DESERT WILLOW GOLF RESORT - REPLACE THREE HVAC UNITS, Project Number 866-18, Contract No. C36540 (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, ,the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , 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 Dollars ($ ), 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 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. C36540 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 day of , 20 . PRINCIPAUCONTRACTOR: SURETY: (Typed Name of Principal/Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Signature to be Notarized) (Signature to be Notarized) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (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). C36540 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 Agent or Representative for service of Surety process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: C36540 SURETY 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 before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public C36540 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 before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public