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C34282 - CO1 - Mech Maint-Chmcl Acqustn at PDAC
CONTRACT NO. C34282 STAFF REPORT • CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: April 12, 2018 PREPARED BY: Johnny Terfehr, Management Analyst -�"— REQUEST: Request for approval of Change Order No. 1 to Contract No. C34282, Mechanical Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center by Knorr, Inc. in the amount of$20,000. Recommendation By Minute Motion: 1. Approve Change Order No. 1 in the amount of $20,000 to Contract No. C34282 with Knorr Systems, Inc., (Knorr) for mechanical maintenance services and chemical acquisition at the Palm Desert Aquatic Center (PDAC). Strategic Plan Ongoing maintenance of the PDAC sustains one of the City's premier recreational facilities, which provides pervasive recreation and exercise opportunities consistent with the objectives of the Strategic Plan. Background Analysis The City Council awarded Contract No. C34280 to Knorr on May 28, 2015. The contract includes all of the major maintenance activities and chemical acquisition for the Palm Desert Aquatic Center. The contract was extended for the second of two optional renewal periods this past 2017/2018 fiscal year. As the City approaches the end of the 2017/2018 fiscal year, staff requires additional funds be allocated to the contract in the amount of $20,000 to cover necessary chemicals, supplies and maintenance work procured through Knorr. The contract price is based upon a lump sum for maintenance labor, plus a variable amount for chemicals, depending on actual usage. The use of chemicals at the PDAC is largely a function of weather and efficiency of the mechanical system, which is why costs can fluctuate year over year. Staff continues to be very pleased with Knorr's experience and customer service, and their performance has met City standards. This approval of additional funding will allow staff to cover the remaining expenses through June 30, 2018. December 14, 2017 - Staff Report Contract No. C32410 Amendment No. 1 - Desert Recreation District Page 2 of 2 Fiscal Analysis Funds are available in Fund 242 Accounts in the FY 2017/18 operating budget. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER jrd".141A 1144,4,e N/A Ryan Stendell t Moore Lauri Aylaian Director of Community Director of Finance City Manager Development VENDOR: Knorr Systems, Inc. 2221 South Standard Avenue Santa Ana, CA 92707 ATTACHMENTS: 1. Executed Copy of C34280 2. Executed Copy of Contract Extension C34282 2. Contract Change Order ............. CITY Of PrI. M DESERT 1. 10 FRET) WARING DRIVE y PALM DESERT, CALIFORNIA 92 2 60-2 5 7 8 TEL: 760 346-0611 n14' . • infoo,cit?•ofpalmtlesert.org i710 - Z(/�.. July 21, 2015 Knorr Systems, Inc. 2221 S. Standard Avenue Santa Ana, California 92707 Dear Sir or Madam: Subject: Contract No. C34280 - Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center for Fiscal Year 2015-2016 At its regular meeting of May 28, 2015, the Palm Desert City Council, by Minute Motion: 1) Approved the subject one-year agreement with Knorr Systems, Inc., Santa Ana, California, in the amount of $83,596 for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center; 2) authorized additional repair work and services at the specified contract amount, not to exceed 20% of contract ($16,700); 3) authorized Mayor to execute the contract. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Ryan Stendell, Senior Management Analyst Finance Department • 6ONTRACT NO. C34280 CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 28'h day of May 2015, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and Knorr Systems, Inc. herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 23, 2015, City invited bids for Aquatics Center Mechanical Maintenance and Chemical Acquisition; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2016, with an option for two, one-year (12-month) extensions based on contract performance. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of Eighty- three thousand five hundred ninety-six dollars ($ 83,596.00) as billed on a per-item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. • CONTRACT NO. C34280 (6) TERMINATION If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. N/A ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City-issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI-DISCRIMINATION In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (11) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: CONTRACT NO. C34280 IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 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: —J TITLE: c tcQ�,._T Signature to be notarized t?d Printed name CITY OF PALM DESERT BY: ATTEST ri-1/10- t — TITLE: Mayor of Palm Desert TITLE: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: RYAN STENDELL DAVID J. ER SENIOR MANAGEMENT ANALYST CITY ATTORNEY 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 Or+S On 06/15142o/3- before me, ) 3•47`7 VIA m, go, Date Here Insert Name and Title of the Officer personally appeared cIto.'c� be,ya� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(z) whose name(s) is/a(e subscribed to the within instrument and acknowledged to me that he/sl"ie/thAy executed the same in his/ber/their authorized capacity(i4),and that by his/hef/their signature(,)on the instrument the person(,), 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. YOUNG SUK KIM COW.# 1941607 m WITNESS my hand and official seal. ._.-y._ ( ;5-� NOTARY PUBLIC-CALIFORNIA v, ,�! MY CON.EXP.JUMEIB_2015E Signature C�� a 17 Signature of Notary 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: Signer's Name: L Corporate Officer — Title(s): Corporate Officer — Title(s): C_ Partner — I Limited - General Partner — [Ti Limited ❑General Individual ! .'Attorney in Fact Individual El Attorney in Fact Trustee =Guardian or Conservator -Trustee I I Guardian or Conservator -1 Other: Other: Signer Is Representing: Signer Is Representing: x:cx=xxxe < .mice exxxxxxx.. 'c go cc;a. ccse �c�-cxc ,,czk 02014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CONTRACT NO. C34280 CONTRACTOR'S BID PROPOSAL CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO.C34280 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice inviting Bids: that he/she Is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. it is understood that the price shown hereon includes all phases and types of work described in the specifications. The lump sum cost for performing the entire scope of the contract maintenance work shall be indicated. The total cost for the chemical acquisition is provided for bid comparison only. Payment for chemicals shall be made based on actual usage only. Bid Item F Qty Unit TOTAL ANNUAL (Gallon or Cost COST Pound for bid corn arison Total for All Maintenance Activities per Contract Documents 26 496.00 Total for Chlorine Acquisition 27,000 gal $ 1. _$ 41,310.0 0 Total for Muriatic Acid Acquisition 4,000 gal $ 2.4 4 $ 9,76 0.0 0 Total for Sodium Bicarbonate Acquisition 17,000 lb $ 0.31 $ 5.270.00 Total for Calcium Chloride Acquisition _ 2,0001b $ 0.38 $ 760.00 TOTAL BID PROPOSAL $ 83 , 596 .00 TOTAL ANNUAL AMOUNT BASE BiD IN FIGURES $ 83,5 96. 0 0 (Must match Total Bid Proposal from table above) TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS: Eighty-three thousand five hundred ninety-six DOLLARS AND zero CENTS Undersigned hereby acknowledges receipt of addenda as indicat (circle highest number that applies) e0 1 2 3 4 C34280 SECTIO CO - T s o` tl E S _ -age 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM—CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO.C34280 INFORMATION RE9UIRED OF BIDDEN Company Name: Knorr Systems, Inc. Company Address: 2221 Standard Ave. Santa Ana. CA 92707 Office Phone: Call Phone: Fax: f714)754-4044 (714) 981-0406 (714)754-1405 Bid Prepared By: Title: Steye Fish Service Administration Specialist Signature:. Data: 5/14/2015 Cell Phone: Steve Fish (714)981-0406 in supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: Q (1) Company Name and Address xis orr SystPmg. Inc_ 2221 Standard Ave. Santa Ana CA 927(17 (2) Telephone No. f 7141 754-4044 (3) Type of Arm (Individual, Partnership or Corporation) rpnra t i nn (4) Corporation organized under the laws of the State of California (5) Contractor's License No. 569312 Exp. Date 0 3/31/16 (6) Contractor's Department of Industrial Relations Registration No. 1000Qp4538 oA 4280 CTION, , of ai fr ' • , a oTdl 3 - '-age Q CONTRACTOR'S PROPOSAL SUBMISSION FORM—CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO.C34280 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Richard Robert A. Lawrence Knorr President Secretary 10102 Overhill 626 Valerio Drive Santa Ana. CA 92705 Santa_Earbara. CA 91103 (8) Number of years experience providing aquatics center maintenance services 37 (9) Number of years experience with municipal aquatics center contracts 37 (10) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which workers will be dispatched: KSI Corporate Office located at 2221 S. Standard Avenue Santa Ana. CA 92707 - 714-754-4044 SUBCONTRACTOR LIST List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet) ❑ See Subcontractor List on Separate Sheet ❑ No subcontractors will be used Subcontractoi's Name: Inter-Valley Pool Supply License Number. 562312 Address: 1415 East 3rd Street. Pomona, CA 91766 Telephone: (800) 252-2702 Work to be performed: Delivery of chemicals 1"280' o ` 1,CONTRA"'GT.DOCUM a'' - PageI • . . CONTRACTOR'S PROPOSAL SUBMISSION FORM—CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C34280 REFERENCES Contract Initiation/ Amount Scope of Work Completion Dates Contact Person 1 $ 29,410.00 , Ri_Mnnthly 7/1/2014 John Loerice Name complete Pump 6/30/2015 Desert Sands USD sustnessName rnnm maintenance 47-950 Dune Palms Address and repair La Ouinta. CA 92253 Phone (760)578-2212 Cell Additional information: Four (4) schools included 2 $ 46.080.00 4X Weekly 9/1/2014 Larry Randel Name complete pump 6/31/2015 Lake Elsinore USD ous{necsName zoom maintenance c45 f haney St. Address and repair Lake Elsinore, CA 923_3Q Phone Addiiionai (951)253-7031 Cell Information: Three (3) schools included 3 $ 75,435.00 3X Weekly 7/1/2014 Elsa En .i-da Name complete pump 6/31/2015 Coarhel l a Val 1 Pam,U5D eusinessName room maintpnaUCe 83733 Ave S5 Address and repair Thermal. ('A 97274 Phone Additional (760)398-5909 x8621872 information: Two (2) schools included List the name of the person who inspected the site of the proposed work for your firm Tom Basaites. Application Specialist CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: 4Y1--- / Title: Service Admin Specialist Signaturei Contractor C34280 S CTION 1. CONTRACT o o E , S age 12 .............. ...• •., CITY OF PDLM DESERT WWI73-5 I o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 • * TEL: 760 346-0611 � a a info@cityofpalmdesert.org .�. ca September 25, 2017 Knorr Systems, Inc. 2221 South Standard Avenue Santa Ana, California 92707 Dear Sir or Madam: Subject: Contract No. C34282 - One-year Contract Extension for Mechanical Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center for Fiscal Year 2017-2018 At its regular meeting of May 25, 2017, the Palm Desert City Council, by Minute Motion: 1) Approved subject contract extension with Knorr Systems, Inc., Santa Ana, California, for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center for FY 2017-2018 in the amount of $83,596; 2) authorized additional repair work and services at the specified contract amount, not to exceed 20% ($16,700); 3) authorized Mayor to execute same. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Ryan Stendell, Director of Community Development Finance Department PRICED ON 0EEVEEE0 PIPER CONTRACT NO. C34282 EXTENSION TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Knorr Systems, Inc., a California corporation ("Contractor"), entered into an agreement, dated July 1, 2016, to provide Mechanical Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center ("Agreement"), the parties wish to extend the Agreement effective July 1, 2017. NOW, THEREFORE, the parties agree as follows: A. Term is extended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2017 through June 30, 2018." B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREQF .the parties hereto have caused this instrument to be executed the ?1st day of July , 2017. CITY OF PALM DESERT KNORR SYSTEMS, INC. A Municipal Corporation • (S-teh--16( .1/4 By: 4 N C. HARNIK, MAYOR RICHARD O ERT, PRESIDENT Date: ATTEST: (Signature must be notarized) 414 tti, " RACHE LE D. KLASS N, --T-71C1/-11RK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: - cBvES, CITY ATTORNEY . J h t vt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1-egv,rkt.�2l"�c�2c�C�Kz2 truk.mrc:d�.:F`FYSc'-Y,.c,YSc_Y,k^,'C.i - 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 Onk1.8 On 0 7/is/a°' before me, 9` ► ,7 4212; -y Date Here Insert Name and Title of the Officer personally appeared c-h t I RI? e4,i Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) is/awe. subscribed to the within instrument and acknowledged to me that he/ohc/they executed the same in his/I ic-authorized capacity(ies),and that by hisnaar-41:ieif•signature(s)on the instrument the person,(2), or the entity upon behalf of which the person(sr) 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. YOUNG KIM COMM. #2112594 z WITNESS my hand and official seal. a w �T7::;.:14 Notary Public-California o • z .� Orange County �' J MY Comm.Epues June 18,2019 Signature Signature of Notary 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: Signer's Name: D Corporate Officer — Title(s): D Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General D Partner — ❑Limited ❑General 0 Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator O Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CONTINUATION CERTIFICATE Liberty Mutual Insurance Company ,Surety upon a certain Bond No. 016072401 dated effective July 10,2016 (MONTH-DAY-YEAR) on behalf of Knorr Systems,Inc. (PRINCIPAL) and in favor of City of Palm Desert (OBLIGEE) does hereby continue said bond in force for the further period beginning on July 10.2017 (MONTH-DAY-YEAR) and ending on July 10,2018 (MONTH-DAY-YEAR) Amount of bond $83,596.00 Description of bond Aquatics Center Mechanical Maintenance and Chemical Acquisition Contract No.C34280 PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period(regardless of the number of years)said bond had been and shall be in force,shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on June 28,2017 (MONTH-DAY-YEAR) Liberty Mutual Insurance Company By -i 1a M.Ogle ,Attorn n-Fact S-0157/GEEF 11/99 '' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This.nv.ver of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. • Certificate No. 7800900 Liberty Mutual Insurance Company • The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Brooke A.Sharp;Christine Doczy;D-Ann Kleidosty;Gary D.Eklund;Sharon J.Potts;Sylvia M.Ogle all of the city of Atlanta ,state of GA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds.recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. • IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed • thereto this 14th day of June , 2017 Iasi 4?` r ' The Ohio Casualty Insurance Company N 1>> 10,1 Liberty Mutual Insurance Company m West American Insurance Company •N • / /� O * * ,1 / .�u+ w R STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary coo 6- COUNTY OF MONTGOMERY c 0f On this 14th day of June , 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ii O v� O G1 Company,The Ohio Casualty Company,and West American Insurance Company, and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes >,V) O 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d W mod.. > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 0 N 3 � t: east, COMMONWEALTH OF PENNSYLVANIA Q el -"CS wQ-o•+� E:''t f Notarial Sea! itelL wC•rAF- ° -, v Teresa Pastella.Notary Public By _.._..._.._._.._. .___..)._......_ ... Q�' p ` OF Upper Merlon Twp.,Montgomery County Teresa Pastella,Notary Public d C ti��P ,. My commission Expires March 28,2021 M i Q �' YL`71" O•a+ -4RY_„ ' Member.ptnnsylvaaia fissuci.tarn cf NcLirios a C co This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual V7 p y,+ Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r 9 CD 0 Oi OS d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c ;; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, % O S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a E t powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a d O IQ; executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.0 O the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t +,N •To ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E eQ r>.. i and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, I-M O 's seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C 00 Z 0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O O executed such instruments shall be as binding as if signed by the president and attested by the secretary. v CD FO . Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- — fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. i I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do j hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and I has not been revoked. I u_ T"► IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this r day of ,20 / 7 . 1 ^ 141' 1991 F.: By: '' i x. Renee C.Llew , ssistant Secretary 1 9 t7 r * * * I 25 of 500 LMS_12873_022017 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Georgia } County of Fulton } On June 28, 2017 before me, Christine Doczy (Here insert name and title of the officer) personally appeared Sylvia M. Ogle, Attorney-in-fact 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 atate,gl California that the foregoing paragraph is true and correct. �.��\s�!NE 0,...I, 0d`��`SSIOty'•2• � i cc`}•. WITNESS my hand and official seal. •�°r1pTARY : • i°UB1 \C • i� 3162Q '•��: No ry Public Sign Chris ne Doczy (Notary Public Seal) +�+rllNTY C,EO�s� taiists- • ts INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, • DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that.state so long as the wording does not require the California notary to violate California notary Continuation Certificate la,v. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. 1 June 28,2017 • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Ise/shehhev-is tare)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. D Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form D Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 0 Other • Indicate title or type of attached document,number of pages and date. •• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). . ., tv t alyC). Ses.;rri ai :..x;' r,iyj • Securely attach this document to the signed document with a staple. SURETY RIDER To be attached to and form a part of Bond No. 016072401 dated July 10,2016 effective (MONTH-DAY-YEAR) executed by Knorr Systems,Inc. ,as Principal, (PRINCIPAL) and by Liberty Mutual Insurance Company ,as Surety, in favor of City of Palm Desert (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Contract No. to C34282 for the Fiscal Year 2017-2018 Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider July 10,2017 is effective (MONTH-DAY-YEAR) Signed and Sealed July 06,2017 (MONTH-DAY-YEAR) Knorr Systems,Inc. (PRINCIPAL) -By: L) Liberty Mutual Insurance Company By: Sylv': M. r. —,Attorney-in-Fact ` i is .....i ,a ,. ii S-0443/GEEF 10199 1.. L . , I- . •THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. { This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7800901 'I Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company i l POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Brooke A.Sharp;Christine Doczy;D-Ann Kleidosty;Gary D.Eklund;Sharon J.Potts;Sylvia M.Ogle all of the city of Atlanta ,state of GA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. ll IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of June , 2017 co rINs y. ' . r2 'C The Ohio Casualty Insurance Company rn 1. > 1�I z 1»1 Liberty Mutual Insurance Company ayi a West American Insurance Company y r STATE OF PENNSYLVANIA * By. _2Tf _ [_Yr` ' ss C David M.Carey:Assistant SecretaryC, to l COUNTY OF MONTGOMERY c dpt On this 14th day of June , 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance u 1— L.) d Company, The Ohio Casualty Company,and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes Ar.') 5 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. We L 1� tY > LE IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O 11/ QI A PAST co COMMONWEALTH OF PENNSYL_V_AN_IA T/ I <el -13 �ecoriwe c. I__....._.. Notarial Seal JC' //���%�C O C.y Iv 0 0- o s 7 ! Teresa Paste#la,Notary Public By. _ pOF Upper Merlon Two.,Montgomery County Teresa Pastella,Notary Public y= `e , My Commission Expires March 28,2021 iv a O �SY\O 4., O 7QAY V Member.Pennsylvania ASsuci:Nxin of Notariesa. t0 c (p This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual rA p aj., Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: L 0 0)8, .'6 eo a) ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c t�0,, to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Z%S 0 C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective =p E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so is to p` executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >'Q r the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t ..+Csi •is c ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, > e and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, 1-M O U seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C a0 Z respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so V O executed such instruments shall be as binding as if signed by the president and attested by the secretary. O C? Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- . fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. • Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. 4 r IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 / v ft L/.a-ir y t.41, 0 `r 9 1991 By.x I ` Renee C.Lle , ssistant Secretary `fit -..tirar-" •�' 9J 26 of 500 LMS_12873_022017 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Georgia } County of Fulton } On July 6, 2017 before me, Christine Doczy (Here insert name and title of the officer) personally appeared Sylvia M. Ogle, Attorney-in-fact 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 pf,Gegornia that the foregoing paragraph is true and correct. ,�. �sT1NE 00�,•,. G1`.0\SSIOAlk) i • F : oTARy.� WITNESS my hand and official seal. — •,, m. t►•40 ( ..eit;'°3-16-2°2�.PLC Nota ublic Signature ristine oczy (Notary Public Seal) ONcO•••• '�.s1111110 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies frith current Ca[fornia statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that stale so long as the wording does not require the California notary to violate California notary Rider law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also he the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 1 Document Date July 6,2017 commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they-is tare)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ft Attorney-In-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO.Secretary) .,; yr, ;l sy ,,,;.,r.K r ;{,<; • Securely attach this document to the signed document with a staple. 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 OtANClr+ On � Z�I) before me, —NU t e l �H , .MAle4j ?WIC Date Here Insert Name and Title of the Officer personally appeared 1ChMQ lieCr 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/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. THANH HANG NGUYEN PRAM I certify under PENALTY OF PERJURY under the W- Notary Public California laws of the State of California that the foregoing s1 Orange County paragraph is true and correct. Nr.ig, Commission # 2162566 M Comm.Ex ues_Al 13.2020 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public 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: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General ❑ Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association Company Profile Page 1 of 2 CALIFORNIA DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results LIBERTY MUTUAL INSURANCE COMPANY Company 175 BERKELEY ST Information BOSTON, MA 02116 Old Company 800-526-1547 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List Agent For Service Lines of Business KARISSA LOWRY Workers' 2710 GATEWAY OAKS DRIVE Compensation SUITE 150N Complaint and SACRAMENTO CA 95833 Request for Action/Appeals Contact Information Reference Information Financial Statements PDF's NAIC #: 23043 Annual Statements California Company ID #: 1022-3 Quarterly Statements Date Authorized in California: 08/30/1929 Company Complaint Company License Status: UNLIMITED-NORMAL Performance& Company Type: Property&Casualty Comparison Data Company State of Domicile: MASSACHUSETTS Enforcement Action Composite Complaints Studies back to top Additional Info Find A Company NAIC Group List Representative In Your Area View Financial NAIC Group#: 0111 LIBERTY MUT 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 https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 7/21/2017 Company Profile Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS'COMPENSATION back to top ©2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 7/21/2017 California Department of Industrial Relations - Contact DIR Page 1 of 1 Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s)matching your selections. Registration Year: Current Fiscal Year: 2017/18 `v PWC Registration Number: example: 1234567890 Contractor Legal Name: knorr systems License Number: [example: 123456 Contractor License Lookup County: [Select County ; Search Reset Export as: Excel i PDF Search Results One registered contractor found. 1 Details Legal Name Registration County City ; Registration Expiration Number Date Date View KNORR SYSTEMS, 1000004538 ORANGE SANTA 05/26/2017 06/30/2018 INC. ANA https://efiling.dir.ca.gov/PWCR/Search.action 7/21/2017 California Department of Industrial Relations - Contact DIR Page 1 of 1 1000004538 Contractor Details Contractor Information Legal Entity Information Workers'Compensation Legal Name Legal Entity Type KNORR SYSTEMS,INC. CORPORATION Trade Name License Number(s) CSLB:562312 Mailing Address 2221 STANDARD AVENUE SANTA ANA,CA 92707 Physical Address 2221 STANDARD AVENUE SANTA ANA,CA 92707 Email Address S US I E C@ KNO RRSYSTE MS.COM https://efiling.dir.ca.gov/PWCR/Search.action 7/21/2017 CITY OF PALM DESERT Contract#/P.O.# C34282 P113625 CONTRACT CHANGE ORDER Change Order No. 1 Contingency: NO Contract Pur ose Chemical acquisition, repair and maintenance of the 242-4549-4211100/242- P Palm Desert Aquatic Center Account No. 4549-4331101 Consultant's Name Knorr Systems, Inc. Project No. Address: 2221 South Standard Avenue Vendor No. V0012580 Santa Ana, CA 92707 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE (Supplemental Plans, Specifications, and Directives dated Attached) In Contract Price In Contract Price Increase in price by $20,000 to complete necessary chemical and 20,000.00 maintenance purchases through FY 17/18 TOTALS: - 20,000.00 NET CHANGE IN CONTRACT PRICE: 20,000.00 JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 120,296.00 CONTINGENCY: Less: Expend. & Encumb. To Date: - 100,296.00 Amount Approved by Council: + Less: This Change Order Amount: - 20,000.00 Less: Prior Change Order(s): - BALANCE OF BUDGET Less: This Change Order: - REMAINING FOR PROJECT: - Balance Remaining of Contingency: - The amount of the Contract will be (Decreased) Increased by the Sum of:Twenty Thousand Dollars ($ 20,000). Contract C34281 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 0 Days. Revised Contract Total $120,296 The undersigned Contractor approves the foregoing Change Order # 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 # 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. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR SABBY JONATHAN, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved