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Home My WebLink AboutC34070 - Prkvw Cmplx HVAC Maint and Rpair Svcs 2014-6 . i � ,��( _ ,�,,..: � ` CITY OF PALM DESERT OFFICE OF THE CITY TREASURER STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C34070 TO DESERT AIR CONDITIONING, INC. OF PALM SPRINGS, CALIFORNIA, FOR PARKVIEW COMPLEX HVAC MAINTENANCE AND REPAIR SERVICES (FINANCE RFP NO. 2014-6). SUBMITTED BY: Paul S. Gibson, CCMT, Director of Finance & City Treasurer CONTRACTOR: Desert Air Conditioning, Inc. 590 Williams Road Palm Springs, California 92264 DATE: December 11, 2014 CONTENTS: 1) Contractor's Proposal. 2) Contract Agreement. Recommendation By Minute Motion, that the City Council authorize the award of Contract No. C34070 to Desert Air Conditioning, Inc. of Palm Springs, California, for Parkview Complex HVAC Maintenance and Repair Services (Finance RFP No. 2014-6). Backqround On November 4, 2014, the City of Palm Desert ("City") Finance Department issued Request for Proposals ("RFP") No. 2014-6 for Parkview Complex HVAC Maintenance and Repair Services. This RFP is for quarterly maintenance service on 64 HVAC units at the Parkview Professional Building (73-710 Fred Waring) and at the State of California Building (73-720 Fred Waring). The contract term would be for three years, with two annual renewals at the City's discretion. Bidders were advised that they must be able to respond within an hour to an emergency call from the City. A "Notice Inviting Bids" was posted on the bulletin board outside the Council Chamber; published in the Desert Sun newspaper; and distributed to a state plan room. A Pre-Bid Conference, which included a roof tour, was held for the following interested parties: • ACH Mechanical Contractors, Inc. (Rediands) • AMP Mechanical (Costa Mesa) • Beal HVAC Engineering (La Crescenta) • Desert Air Conditioning, Inc. (Palm Springs) • DIYAIR (La Crescenta) • F.M. Thomas Air Conditioning, Inc. (Brea) • Marine Air, Inc. (Rancho Margarita) Staff Repo rt Contract N0. C34070 Contract Award for Parkview Compiex HVAC Maintenance and Repair Services (RFP No. 2014-6) December 11, 2014 Page 2 of 2 On November 21, 2014, the following companies submitted sealed bids in the dollar amounts stated below, in response to this RFP: • AMP Mechanical Non-Responsive • F.M. Thomas Air Conditioning, Inc. Non-Responsive • Marine Air, Inc. Non-Responsive • Desert Air Conditioning, Inc. $ 92.00/Hour Labor Rate • ACH Mechanical Contractors, Inc. $ 104.36/Hour Labor Rate Three of the bidders were deemed "non-responsive" because at time of bid submission, they did not have either a regularly staffed satellite office or a subcontractor in Riverside County. Consequently, they would be unable to reach the Palm Desert Civic Center within an hour if the City placed an emergency call. This was a stipulation of the RFP. Desert Air Conditioning, Inc. ("Desert Air") of Palm Springs, California, submitted the lowest bid. Desert Air is a family-owned business that has been operating in the Coachella Valley since 1954. It has 20 HVAC techs on staff, and its corporate office is located 11 miles from the Palm Desert Civic Center. Desert Air handles both residential and commercial HVAC installations, and has a customer list that includes the cities of Palm Springs, Indian Wells, Palm Desert, and Cathedral City, and several local school districts. Desert Air is familiar with the Parkview and State Building rooftops since it has done HVAC maintenance and repair work, and new unit installations on both roofs. Desert Air currently has the HVAC maintenance and repair contract for the Henderson Community Building. Fiscal Impact A failure to do routine maintenance and repair service on 64 HVAC units would lead to escalating repair costs, and eventual unit failure that would most likely occur during the summer. The funds for this RFP are budgeted in Account No. 510-4195-495-3310. Submitted by: U'lLrl�l'lCt.�1- �, Thomas W. Jeffrey, D u ty reasurer C�,COUNCII.AC ON APPROVED._._...�DENtED RECENED OTHER Paul S. Gibson, Director of Finance MEI:TtNG DATE �Z- ��`f AYES: �ruK,�'vnc�ha,n��'�3e1,'f�anru.r, �' btJcbe.r Approval: NOF.S: -�o''� _ AI3SF,NT: _ Noh.e e�� I AI3STAIN:_,��''� ! �!� �✓.�a�K.t�un� VF,RIFIF;D I3Y: bt� rtrn John M. Wo�h, City Manager Original on File with City Clerk's Office EXHIBIT ��p�� Contract N0. C34070 BID PROPOSAL TO: City of Palm Desert FROM: Company Name: �� rT �� (�%!1 � ,�Ce COMPANY ADDRESS: 5�J O v U' 91 I � -rt(n'1 S �(SG�� CITY, STATE,ZIP CODE: G� lQ � PHONE/EMAIL/FAX NO.: O` ' 3�� / �S 2�� p��M WEBSITE ADDRESS: (/�W �/v� �`'P SE'�� Gl��(�flJ- c o!"� 7�`��-f�/ �3 SUBMITTAL CHECKLIST �v,/A completed and signed Bid Proposal. / A completed and signed Statement of Qualifications. Copies of licenses or training certificates for key personnel assigned to the contract. A signed Non-Collusion Declaration. � The Certificate(s) of Insurance. PRICE PROPOSAL TO BIDDER: Please bid your lowest price for the following. The City reserves the right to reject any or all bids. The City intends to award this contract within sixty (60) days. ITEM QTY UNIT DESCRIPTION TOTAL No. G� a�C eC� a�� e�1Q(1c� e��e 7 y .0� �� yPa( Cost to perform the followin services, includin labor and materials. 1. 1 Each Labor Rate er Hour $ .OD 2. 1 Each Labor Rate er Hour for Emer enc $ , 0 3. 1 Each After Normal Business Hours $ . Oa 4. 1 Each Overtime Rate er Hour $ , � 5. 1 Each Holida Rate er Hour $ , 6. Method of Calculating Parts and Materials Costs: Cost Plus s % rate 7. 1 Each Cit Fees $ The undersigned BIDDER, having examined and determined the scope of Request for Proposals ("RFP") No 2014-6, hereby proposes to provide the required travel, labor, services, materials, and equipment, and to perform the services as described in the proposal documents, and to do all work at the prices set forth here. The undersigned BIDDER certifies that this Bid is made in conformity with the specifications and qualifications of RFP No. 2014-6, and agrees that in the event of any discrepancies or differences between any conditions of the BIDDER'S proposal and RFP No. 2014-6, RFP No. 2014-6 shall prevail. 13 EXHIBIT ��p�� Contract No. C34070 The undersigned BIDDER certifies that this Bid is made in good faith, and without collusion or connection with any other person or persons bidding on the work. + 1 �r Signature: V Date: � 1' �� I Printed Name: �0�� Uv Title: � � �.�. ��Q,5� �� ACKNOWLEDGEMENT OF ADDENDA BIDDER has received the following Addenda from CITY, receipt of which is hereby acknowledged: Addendum Number: � Date Received: � � ` �� Addendum Number: Date Received: Addendum Number: Date Received: Addendum Number: Date Received: Addendum Number: Date Received: � Signature: � Title: v d ( � `�1 Q s i� ?1`(� 14 EXHIBIT ��C�� Contract No. C34070 STATEMENT OF QUALIFtCAT10NS GENERAL COMPANY INFORMATION: Company Name: ��c�{ �- � ;C' �j�•�-� �0 n .'f� , � ` Com an Address: q t/v � 1� ��('�S �� aC 1'fY� � `.,� L� P Y S O � '� , Owner Name: .J e�� S �G-� Contact Person: �"p �� C��`il Phone: -� �Q_�ja 3-- 3 3� � Contact Person's Title: � � �-e �e S;� e r1� E-Mail: -}-S�Qu.i ��ES@('��` `P S' �� MINIMUM QUALIFICATIONS: 1. Active Califomia State Contractor License No.: ��D S��j 2. Active City of Palm Desert Business License No.:�3�OOd DoZlo(�3 3. Current Employment Identification No.: ��[�7 D�$$ ORGANIZATION STRUCTURE: 4. Type of Firm(Individual, Partnership,or Corporation): '�+'� , 5. Corporation organized under the laws of the State of: C 6. Number of years in business under Current Company Name/License No.: O' 7. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �� v}�.� ►�`e�✓ )d c��- �D� �� P �i'e s, �rt�,.�— ��^!�C_i„��-�-z��3 I C�Sc.�Ce� 8. Number of employees in your company: � 9. Have you ever had your California Contractor's License suspended,cancelled,or revoked?If so,why and for how long? � Q 10. Do you have a current,active workers's compensation insurance policy(l�/No)? If so,(a)who is the carrier; (b)what is the policy number;and(c whe does the policy expire? ' Q� ` , ' S RELEVANT EXPERIENCE: �T�� ' '�� ` � 11. Number of ears of experience that you or your subcontractor have in commercial HVAC maintenance and repair:� 12. Please list experience of"key personnel"who would be assigned to supervise or work on the job site: 13. Please describe current employee training and/or relevant certifications. Staff Name Job Title Licenses/Certifications Years of HVAC attach co ies Ex erience 1. p Gu..S �l i dr t 2. � c.,� �- � c , c � � 3. ti�, i�a�� r I 4. c n `�'�c t��a'n u� T �i 15 EXHIBIT �� Contract No. C34070 14. List your firm's recent experience in providing commercial HVAC maintenance and repair services. REFERENCES: 15. Provide at least three(3) public sector references with whom your firm has contracted over the last twenty- four(24)months to provide HVAC maintenance and repair services. CITY reserves the right to contact references as part of the evaluation and selection process. City of Palm Desert employees will not be accepted as a reference. Company Name: (�� ' �'� � Company Contact: '�� JL�U.. Title of Contact: C.(14f� P e � Phone Number: �10� � / �� "�� I � Type(s)ofHVACSystem(s): �� (�D IP� � (�l�G.�('� ��1 � �G j�C�� nr�S Company Name: �� .�t�n ��f Clv�� Company Contact: ' , `G�� 1 a 5 Title of Contact: t� ��P�l�e��C P �`U��S�r Phone Number: � �� '�� '� �I!!�� Type(s)of HVAC System(s): (�i �' (�� U C� �/'}�'7�� L� `�� c�� Company Name: 1 ' � �.� � ` e Vv �� e � Company Contact: � �� L`� Title of Contact: �n� r a ��P � Phone Number. �'' 2Z" � Type(s)of HVAC System(s): ��`� ��tE''O �Q C!�-�Cp(� �n� �� t� CERTIFICATION: The BIDDER certifies that the information provided above is a true representation of its qualifications, and agrees to comply with these ss nces if warded the contract,and during the performance of the contract. �" � Signature: Date: " �� r � � Printed Name: � � ��r 1,+� Title: V ' C � �� P5�'�e� 16 E��I� ��D» Contract No. C34070 NON-COLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the �i C.P ��QS�O�'�(Title) of �'SP(��-A, ��n�. (Name of Company), the party making the foregoing bid. The bid is not made in the interest of, or on behalf 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 submit a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to submit 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 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 that this declaration is executed on �O�f'(`�,P� a � , 201�1, at �cci(t� . `. , �� City State Si nature: "� g Printed Name: T�j�� S�✓�.,, Title: �� I��'S '� �'n ' 17 Contract No. C34070 �� DESEAIR-01 DNIELSEN ACORO CERTIFICATE OF LIABILITY INSURANCE DATE�MM/ODIYYY`� `--�� 10/31/2014 � THIS GERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES � BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain poficies may require an endorsement A statement on this certificate does not confer rights to the certiFcate holder in lieu of such endorsement(s). PftODUCER License#OF09643 CONTACT NAME: �18fIQ NI@�S@fl Desert Empire Ins Services,Inc. Pr+oNe- - Fax - - 77564 Country Club Drive �c�No E,�l(760)360-4700__ _ _ __ ac No�(760)360�799 Suite 401 ' Palm Desert,CA 92211 aooR�Ess diane.nielsen�desertempire�ns.com INSURER�S)AFFORDING COVERAGE NAIC M ..- ---- ------- - -- iNsuReR a:Praetorian Insurance Company 37257 ---- - _ _ _ __ _. --- INSURED wsuReR e:State Compensation Insurance Fund� 35076 Desert Air Conditioning Inc INSURER C: _______--_ ----____ - ---_.-- _-----_________ — _._ 590�Iliams Rd. iNsur�R o: Palm Springs,CA 92264-0000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHfCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE POLICY EFF POLI Y EXP LIMITS LTR POLICY NUMBER MMIDDI MM/DD/ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO,OO CLAIMS-MADE �occuR H010000357 01/01/2014 01/01/2015 b�'�"�-r�k�� _ _.100,000 PREMISES Ea xcurrence_ $_ X PD Ded-$1,000 MED EXP(Any one person) $ 5.00 X OCP PERSONAL 8 ADV INJURY $ 'I,OOO,OO GEN'L AGGREGATE LIMIT APPLIES PER�. GENERAL AGGREGATE $ T,OOO,OO POLICY�JECT �LOC PRODUCTS-COMP/OP AGG $ Z�OOO�OO ,A oTHER: EMPLOYEE BENEFI s 1,000,00 1 AUTOMOBILELIABILITV COMBINEDSINGLELIMIT y �,OOO,OO Ea acxident A X ANYAUTO H010000357 01/01/2014 01/01/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) 3 AUTOS AUTOS X HIRED AUTOS X NON-0WNED PROPERTY DAMAGE $ AUTOS Per accident 8 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ $�OOO,OO /� X EXCESSLIAB CLAIMS-MADE H040000267 0�/��(20'I4 01/01/2015 AGGREGATE 8 $,��,�� DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER _ B ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N 911301514 10/01/2014 10/01/2015 E.L.EACH ACCIDENT S �,��,0� OFFICER/MEMBER EXCLUDED? ❑ N�A (Ma�datory in NH) E.L.DISEASE-EA EMPLOYEE $ 7,000,00 If yes,describe u�tler DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 'I,OOO�OO A EquipmentFloater H010000357 01/01/2014 0110112015 Leased/Rented 100,00 DESCRIPiION OF OPERA770NS/LOCA710NS(VEHtCLE3(ACORD 101,Addkional Remarks Schedule,may be attached if more space is required) City of Palm Desert,its elected officals and appointed officers,empioyess and agents are named as additional insured per attached CG2010 0704 &CG2037 0704.insurance is primary/non-contributory.Waiver of subrogation applies to general liability,automobile and workers compensation per attached endorsement 30 days written notice will be given to the certificate holder should any of the above policies be cancelled before the expiration date.10 days notice applies for non payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Desert THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELfVERED fN � Attn:Thomas Jeffrey ACCORDANCE WITH THE POLICY PROVISIONS. 73510 Fred Waring Dr. Palm Desert,CA 92260 AUTHORIZED REPRESENTATIVE �(� Co��- O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014l01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: H010000357 COMMERCIAL GENERAL IABILITY CG 2010 OT 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addttional Insured Person(sj Or Organizatfon(s): LocaUon(sj Of Covered Operatlons Bianket as required by written contract and effective Blanket as required by written contract. during the poitcy pe�iod as stated on the pol(cy p�mary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the benefd of the additional insured shown shall be primary insurance; and any other insurance maintained by the additional insured(s) shali be excess and nancontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any ciaim loss or liability which is determined to be solely the resuft of the additional insured's negligence or solely the addi�onal insured's responsibility. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Sectlon II — Who Is An Insured is amended to in- B. With respect to the insurance afforded to these addi- clude as an additional insured the person(s)or organi- tional insureds, the following additional exclusions ap- zation(s)shown in the Schedule, but only with respect ply: to liability for "bodily injury", "property damage" or This insurance does not apply to "bodily inJury" or "personal and advertising injury"caused, in whole or in "property damage"occurring after. part, by: 1. Atl work, including materials, parts or equipment 1. Your acts or omissions;or fumished in connection with such work,on the pro- 2. The acts or omissions of those acting on your ject(other than service, maintenance o�repairs)to behalf; be performed by or on behalf of the additional in- in the performance of your ongoing operations for the sured(s) at the location of the covered operations additional insured(s) at the location(s) designated has been completed;or above. 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same pro- ject. CG 20 10 O7 04(Blkt) O ISO Properties, Inc., 2004 Page 1 of 1 Contract No. C34070 POI�IC�f NUMBER: H010000357 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - C(�MPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Location And Description Or Organization(s): Of Completed Operations Blanket as required by written contract and effective Blanket as required by written contract. during the policy period as stated on the policy Primary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the benefit of the additionai insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. This insurance also does not apply to any structure intended to be occupied as a � private residence, not including apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section tl —Who is A� Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement per- formed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04(Blkt) O ISO Properties, Inc., 2004 Page 1 of 1 Contract No. C34070 POLI'GY NUMBER: H010000357 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 ' ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract and effective during the policy period as stated on the policy declarations. � � !f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-compieted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93(Bikt) Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 i ENdORSEMENT AGREEMENT Contract No. C34070 • WAIVER OF SUBROGATI�N REP 02 , . BLANKET SASIS 91130-�514 NEW SP HOME OFFICE 3-59-82-84 SAN FRANCISCO EFFECTIVE OCTOBER 1 , 2014 AT 12 . 01 A.M. pAGE 1 OF 1 ALtEFFECTIVE DATESAR��AND EXPIRING OCTOBER 1 , 2015 AT 12 . 01 A .M. AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME �ESERT AIR CONDITIONING , INC. 590 WILLIAMS ROAD PALM SPRINGS , CA 92264 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM 11NYONE LIABLE FOR AN INJIJRY COVERED BY THIS POLICY. WE WILL N4T ENFORCE OUR RIGHT AGAINST � PERSON OR ORGANIZATI4N NAMED IN ZHE SCHEDULE. THIS AGREEME2TT APPLIES ONLY TO THE EXTENT THAT YO[J t PERFORM W4RR UNDER A WRITTEN CONTRACT ZHAT REQIJIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00i OF THE TOTAL POLICY PREMIUM. SCHE DtJL E PERSON OR ORGANIZATION JOB DESCRIPTI4N ANY PERSOA7 4R 4RGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSI7RED SIJBROGATION HAS AGREED BY WRITTEN COIaTRACT T4 FURNISH THIS WAI�lER NOTHING IN THIS ENQORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAlVE OR EXTEND ANY �F THE TERMS, CONDITlONS, AGREEMENTS, OR LIMITATlpNS OF THIS POLICY OTHFR THAN AS STATED. NOTHING ELSEWHF�iE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT TNE TERMS, CONDITIONS, AGREEMENTS OR LIMITA710NS OF THIS EPDORSEMENT. COUNTERSIGNED ANO ISSUED AT SAN FRANCISCO: _ w n � f� ��,,,�� AUTHORIZED REPRESENTA IVE PRESIDENT AND CEO 2572 SCIP FORM 10217 (REV.7-2072) OLD DP 217 Contract No. C34070 POL1(:Y NUMBER:H010000357 COMMERCIAL AUTO PI CA 05 92 09 G7 ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Endorsement Effective: Praetorian Ins rance Company Named insured: untersigned B Desert Atr Conditioning Inc. (A th ed ep s ntative) This Endorsement premium is$See Declarations. !f no entry appears above, information required to complete this endorsement will be shown in the Dectarations as appli- cable to the endorsement. 1. BROAD FORM INSURED The following is added to A. Coverage, 1.Who Is An Insured of SECTION II-LIABtLITY COVERAGE: d. Any organization,other than a partnership or joint venture, over which you maintain ownership or a majority inter- est on the effective date of this coverage form if there is no similar insurance available to that organization. e. Any organization you newty acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority interest. However, coverage under this provision does not apply: 1. If there is similar insurance available to the organization;or 2. To"bodi[y injury"or"property damage"that occurred before y�u acquired or formed the organization. 3. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. f. Any employee of yours white using a covered"auto'you do not own, hire,or borrow in your business or your per- sonal affairs. Z. COVERAGE EXTENSIONS—SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, sub- paragraphs (2) and (4}are arnended as foflows: (2) Up to $3000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "acci- dent"we cover.We do not have to fumish these bonds. (4) All reasonable expenses incurred by the "insured' at our request, including actual loss of earnings, up to $500 a day because of time off from work. PI CA 05 92 09 07 Page 1 of 4 Contract No. C34070 3; ;�ELLOW EMPLOYEE EXCLUSION SECTION II—LtABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is replaced by the foilowing: "Bodity lnjur}r'fo any fellow'employee' of the 'insured'arising out of and in the course of the fellow'employee's' em- pio�Uent. Hawever, we wil! cover'bodily injur}l'caused by your"employee'to his or her fellow"empioyee'if the -bod_ y � r�results from the use of a covered 'auto"you own or hire. 4. HIRED AUTO PHYSlCAI DAMAGE&LOSS OF USE Under SECTlON 111-PHYSICAL DAMAGE COVERAGE: 1. Any"auto" you lease, hire, rent, or boRow from someone other than your employees or partners or members of their household is a covered'auto"for each of your physical damage coverages, 2. The most we will pay for'loss'in any one accident is the lesser of: (1) $50,000;or (2) The actual cash value of the damaged or stolen property at the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and qual- rtY• If you are liable for the "accident", we wili also pay up to $750 per 'accidenY for the actuai loss of use to the owner of the covered `auto'. 3. Our obligations to pay for, repair, retum or replace damaged or stolen property wi11 be reduced by an amount thai is equai to the amount of the largest deductible shown for any owned `auto' for that coverage. However� any Comprehensive Coverage deductible shown in the Declarations does not apply to °loss" caused by fire or � lightning. � 4. For this coverage, the insurance provided is primary for any covered "auto' you hire without a driver and excess over any other collectible insurance for any covered"auto"that you hire with a driver. 5. RENTAL REIMBURSEMENT Under SECTION 111-PNYSICAL DAMAGE COVERAGE: We will pay for rental reimbursement expenses up to$75 per day incurred by you for the rentai of an "auto"because of "loss"ta a covered "auto" for up to 30 days. We will also pay up to $500 for reasonable and necessary expenses in- curred by you fo remove and replaee your materials and equipment from the covered'auto'. If"loss"results from the total theft of a covered 'auto' of the private passenger type, we will pay under this coverage that amount of your rental reimbursement expenses which is not aiready provided under SECTION Iil - PHYSICAL DAMAGE COVERAGE,A.Coverage.4. Coverage Extensions. 6. CUSTOMIZED FURNiSHINGS COVERAGE Under SECTION ill -PHYSICAL DAMAGE COVERAGE: We wi(I pay with respect to a covered°auto"for"loss"to custom furnishings including, but not limited to: 1. Special carpeting and insulation;and 2. Height—extending roofs;and 3. Custom murals, paintings, or other decals or graphics. Our limit of tiabi(ity for loss to custom fumishings shal{be the lesser of: PI CA 05 92 09 07 Page 2 of 4 � � Contract No. C34070 1. Actual cash value of the stolen or damaged property; or � � ' 2. Amount necessary to repair or replace the property; or 3. $500. This coverage does not apply to electronic equipment 7. ELECTRONlC EQUIPMENT COVERAGE Under SECTION 111 -PHYSICAL DAMAGE COVERAGE, we will pay with respect to a covered "auto'equipment that receives or transmits audio, visuai or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanenthr instalted in the covered'auto'at the time of the"loss',and such equipment is designed to be solely operated by use of the power from the 'auto's" electrical system, in or upon the covered'auto'. The most we will pay for all "loss' to audio, visual or data electronic equipment and any accessories used with this equipment as a resutt of any one�loss'is the lesser of: 1. The actual cash value of the damaged or stolen property at the time of the "loss'; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $1500. This coverage will not apply if there is other insurance provided by this policy for the above described electronic equipment. We will, however, pay any deductibles up to $300 that are applicable under the provisions of the other in- surance. 8. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUfT, OR LOSS � Under SECTION N—BUSINESS AUTO CONDITIONS, A. Loss Conditions� 2. Dutfes tn The Event Of Accident, Claim,Suit Or Loss, a. is amended to read: In the event of"accident", claim, `suiY or"loss', you must give us or our authorized representative prompt notice of an "accident", "claim",°suit", or"loss"only when the"accident, 'claim, "suit",or"loss'is known to: 1. You, if you are an individual;or 2. A partner, if you are a parfnership;or 3. An executive officer or the employee designated by the named insured to give such notice, if you are a corpo- ration. Include: (1) How, When and where the"accident"or"loss'occurred; (2) The"insured's"name and address;and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. UNINTENTtONAL FAILURE TO DISCLOSE HAZARDS Under SECTlON IV— BUSINESS AUTO CONDITIONS; the following is added: Your unintentional faifure to disclose any hazards existing at the effective date of your policy wi►I nat prejudice the cov- erage afforded. However,we have the right to collect additional premium for any such hazard. 0. AUTO LEASE GAP PI CA 05 92 09 07 Page 3 of 4 Contract No. C34070 Un�er SECTION tll -PHYSICAL DAMAGE COVEF2AGE, if a long term leased 'auto'is a covered 'auto'and the les- . sor is named as an Additional Insured—Lessor, in the event of a tntai "loss", we will pay our additional legal obligation to the lessor for any difference between the actual cash value of the "auto' at the time of the "loss' and the "out- standing balance'of the lease. "Outstanding balance" means the amount you owe on the lease at the time of"loss' less any amounts representing taxes,overdue payments, penalties, interest or charges resulting from over due payments, additional mileage charges, excess wear and tear charges and lease termination fees. We will not pay any administrative costs or overhead fees assessed by the finance company that has leased the cov- ered"auto"to you. 11. ADDiTIONAL 1NSUREDS—BY CONTRACT,AGREEMENT, OR PERMIT SECTION II— LIABILtTY COVERAGE� A Coverage� 1.Who !s An Insured is amended to inGude as an'insured' a person or organization you may become obligated to add to this policy with respect to the operation, maintenance, or use of a covered auto you own if: 1) You are obtigated to add that person or organization,as an additiflnal insured to this policy by: a. an expressed provision of an`insured contracY, or written agreement;or b. an expressed condition of a written permit issued to you by a govemmental or public authority; and 2) The"bodily injury'or"property damage'is caused by an "accidenY which takes place after. a. You executed the"insured contracY or written agreement;or b. The permit has been issued to you. 12.WAIVER OF SUBROGATION We waive any right of recovery we may have against any additional insured under SECTION II—LIABILITY COVER- AGE, A. Coverage, 1, Who Is An Insured, but only as respects `loss'arising out of the operation, maintenance or use of a covered"auto"you own pursuant to the provisions of the"insured contract',written agreement,or permit. This � provision does not apply unfess the written contract or agreement has been executed or permit has been issued prior to the"bodify injury'or the"property damage°. 13. CANCELLATION CONDITION Under Common Policy Conditions,A. Canceltation,2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any pther reason. 14. GLASS—DEDUCTIBLE Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, no deductible applies to glass damage if the glass is re- paired rather than replaced. PI CA 05 92 09 07 Page 4 of 4 Contract No. C34070 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 15th day of December, 2014, by and between the City of Palm Desert (hereinafter referred to as "CITY"), a municipal corporation whose principal office is located at 73-510 Fred Waring Drive, Palm Desert, California 92260, and Desert Air Conditioning, Inc. (hereinafter referred to as "CONTRACTOR"), a heating, ventilating, and air conditioning company whose principal office is located at 590 Williams Road, Palm Springs, California 92264. (CITY and CONTRACTOR may sometimes be referred to individually or collectively as "Party" or "Parties"). WITNESSETH: WHEREAS, CITY desires to retain CONTRACTOR to perform maintenance and repair services on heating, ventilating, and air conditioning ("HVAC") units at various commercial office buildings that CITY owns and manages; and WHEREAS, CONTRACTOR represents that it is in all respects licensed and qualified to undertake such work; NOW, THEREFORE, it is agreed by the Parties as follows: 1. Contract Documents. The entire contract ("Contract Documents") shall consist of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) Request for Proposals No. 2014-6; (d) CONTRACTOR'S Bid Proposal; (e) CONTRACTOR'S Statement of Qualifications; (fl Licenses and training certificates of CONTRACTOR'S key employees who will be assigned to the contract; (g) CONTRACTOR'S Non-Collusion Declaration; (h) Addenda No. 1; and (i) Any additional or supplemental specifications, notices, instructions, and drawings that are issued in accordance with the provisions of the Contract Documents. 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 these documents, they shall likewise be deemed incorporated. 2. Term of Aqreement. The term of this Agreement shall be effective from December 15, 2014 to December 15, 2017. 3. Option to Extend. CITY, at its option, may extend the term of this Agreement for one (1) year by giving written notice to CONTRACTOR prior to December 15, 2017, that the first option will be exercised. In the event that CITY exercises this option, all other terms of this Agreement shall remain the same, except that "December 15, 2018" shall be the new termination date in Section 2 hereof. Page 1 of 4 Contract No. .C34070 In the event that CITY exercises the option described above in this Section, CITY, at its further option, may extend the term of this Agreement for a second year by giving written notice to CONTRACTOR prior to December 15, 2018, that the second option will be exercised. In the event that CITY exercises this option, all other terms of this Agreement shall remain the same, except that "December 15, 2019" shall be the new termination date in Section 2 hereof. 4. Independent Contractor. CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor its elected officials or appointed officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, agents, or subcontractors, except as set forth in the Contract Documents. 5. Indemnification. CONTRACTOR agrees to indemnify, defend, and hold harmless CITY, its elected officials, and its appointed officers, employees, and agents 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 agents, employees, or subcontractors, and all expenses of investigating and defending against same; and 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 this Agreement. 6. Disputes. Should the Parties commence litigation or arbitration proceedings against each other over the performance of any obligations under this Agreement, then the prevailing Party in any such litigation, being CITY or CONTRACTOR, should be entitled to a reasonable sum for attorney's fees in any such litigation relating to this Agreement. 7. Termination of Contract. This Agreement may be terminated at any time, with or without cause, by either Party, provided that the Party terminating this Agreement provides at least thirty (30) days's written notice to the other Party by certified mail or by personal delivery. 8. Notices. All notices required or permitted under this Agreement shall be in writing, and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, and address as follows: Page 2 of 4 Contract No. C34070 For CITY: City of Palm Desert Finance Department Attention: Finance Director 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 For CONTRACTOR: Desert Air Conditioning, Inc. Attention: President 590 Williams Road Palm Springs, CA 92264 9. Workers' Compensation Insurance. Execution of this Agreement by the Parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; CONTRACTOR'S certification that he is aware of the provisions of said Code, and will comply with them; and 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's 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." 10. Governinq Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 11. Duplicate Oriqinals. This Agreement is being executed in two (2) duplicate originals, each of which together shall constitute one and the same instrument. CITY shall retain one (1) duplicate original, and CONTRACTOR shall retain one (1) duplicate original. Page 3 of 4 Contract No. C34070 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. CITY: CONTRACTOR: Susan Marie Weber Jeff Shaw Mayor of City of Palm Desert President, Desert Air Conditioning, Inc. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Paul S. Gibson, C.C.M.T. David J. Erwin, Esq. City Director of Finance City Attorney ALL SIGNATURES ABOVE ATTESTED BY: Rachelle D. Klassen, City Clerk Page 4 of 4