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HomeMy WebLinkAboutC33400 - Parkview HVAC Rplcmnt - Finance 2014-1 CITY OF PALM DESERT OFFICE OF THE CITY TREASURER STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. c33400 TO DESERT AIR CONDITIONING, INC. OF PALM SPRINGS, CALIFORNIA, FOR THE PARKVIEW HVAC REPLACEMENT PROJECT (FINANCE RFP NO. 2014-1), IN AN AMOUNT NOT TO EXCEED $75,234. SUBMITTED BY: Paul S. Gibson, CCMT, Director of Finance & City Treasurer CONTRACTOR: Desert Air Conditioning, Inc. 590 Williams Road Palm Springs, California 92264 DATE: Thursday, March 13, 2014 CONTENTS: 1) Contractor's Proposal and Bid Bond. 2) Contract Agreement. Recommendation By Minute Motion: 1. Authorize the award of Contract No. c3C3i400 to Desert Air Conditioning, Inc. of Palm Springs, California, for the Parkview HVAC Replacement Project (Finance RFP No. 2014-1), in an amount not to exceed $75,234. Contract No. C33400 Staff Report Contract Award for Parkview HVAC Replacement Project (RFP No. 2014-1) March 13, 2014 Page 2 of 3 Backqround On February 3, 2014, the City of Palm Desert ("City") Finance Department issued Request for Proposals ("RFP") No. 2014-1 for the Parkview HVAC Replacement Project. This project entails replacing 13 heating, ventilating, and air conditioning ("HVAC") units that were installed on the Parkview Professional Building (73-710) and the State of California Building (73-720) roofs in the 1990s. The units to be replaced are 15 - 22 years old -- well beyond a useful life of 10 years. They are not energy efficient, and they use R-22 refrigerant which is being phased out by the EPA as a climate change agent. If left in place, these units will eventually fail, most likely during the summer, when the supply of HVAC units will be strained, and the heat will be at its worst. A "Notice Inviting Bids" was published in the Desert Sun newspaper; posted on the City's public website; and distributed to state plan rooms. A Pre-Bid Conference, which included a roof tour, was held for interested parties. On February 26, 2014, nine HVAC companies submitted sealed bids in response to this RFP. Desert Air Conditioning, Inc. ("Desert Air") of Palm Springs, California, submitted the lowest bid. It offered to install 13 Carrier HVAC units for a total cost of $75,234 (includes units, platforms, duct testing, and labor). Desert Air has a competitive advantage since it receives preferred "special dealer" pricing on Carrier HVAC units, as a high-volume purchaser. Desert Air provided a 10 percent Bid Bond that is guaranteed by Travelers Casualty and Surety Company of America. Esser Services, Inc. of Cathedral City, California, submitted the second lowest bid at $85,063. Desert Air is a family-owned business that has operated in the Coachella Valley since 1954. It handles both residential and commercial HVAC installations. Desert Air's customer list 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 the State Building rooftops since it has bid on past HVAC installations for both buildings. Desert Air currently has the HVAC maintenance and repair contract for the Henderson Community Building. Fiscal Impact If the aforementioned HVAC units are left intact, then escalating repair costs can be expected, as well as eventual unit failure, most likely at the most inopportune time. The funds for this project are budgeted in Account No. 510-4195-495-3370. This is a pre- summer request. In the future, another request may be made to replace any remaining HVAC units that warrant it. Contract No. C33400 Staff Report Contract Award for Parkview HVAC Replacement Project (RFP No. 2014-1) March 13, 2014 Page 3 of 3 Prepared By: � CITY COUNCIL A,�TION � API'ROVF.,D � DF.NiF.� Thomas Jeffr RECEIVED OTHF.R Project Manager MECTING DATE U� _ 13-�2a1� AYFS: �'1 f7?IK�Sr�I��,�,��r�l�TCtnr�er NOES: � �Q Ai3SP:NT: /��'l 'E-- Dep ment Head: A�STAt1v: l YI vra►Ficn �v: ���� �/ Ori�;inal on File with City crk's Oftice aul S. Gi son, Director of Finance roval: , �� n M. Wohlmuth, City Manager C - CONTRACTOR'S BID PARKVIEW HVAC REPLACEMENT PROJECT FINANCE RFP NO. 2014-1 TO: CITY OF PALM DESERT ("CITY") DATE: 02 - oZ�o - � LI BIDDER: �PSe�T � �r �on� ; �: o�n � n rc("CONTRACTOR") The UNDERSIGNED, "CONTRACTOR", having caref examined the jobsite and the Contract Documents for the PARKVIEW HVAC REPLACEMENT PROJECT, FINANCE RFP NO. 2014-1, hereby proposes to execute the work in accordance with the Contract Documents, including Addenda No(s). 1 a�- for the amount stated in this bid (hereinafter referred to as "Bid"). By submitting this Bid, CONTRACTOR agrees with CfTY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized, in writing, by CONTRACTOR - not by telephone or by telegram - before the time specified in the "Notice Inviting Bids" for the public opening of Bids, this Bid shall constitute an irrevocable offer for sixty (60) calendar days after that date. 2. CITY has the right to reject any or all Bids; to waive any irregularities or informalities conta'tned in a Bid; and to accept any Bid or portion thereof. 3. That only the governing body of CITY may award the Contract. The Contract shall be deemed awarded only after: (a) CONTRACTOR has all submitted all Contract Documents, bonds, and insurance documentation to CITY, and said documentation is complete; and (b) CITY has obtained all of the necessary signatures of the governing body, at which time the Contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require in order to determine the bidder's financial standing, and its ability to perForm the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that, if awarded the Contract, CONTRACTOR will execute the Agreement, and deliver the required bonds and certificates of insurance within ten (10) calendar days after notice of award. If CONTRACTOR fails to execute and deliver said documents, then the check or bond shall be charged with the costs of the resultant damages to CITY, including, but not limited to, publication costs; the difference, in money, between the amount bid, and the amount in excess of the Bid that CITY or a third party incurs in doing the work, including, Page C-1 • • -• • . • • • - • • - -_ • -• • • • • - • • - . - - •- - .�• � - • -- • . • . - - •- - • - • • • • • • - - - -• • • ' • • ' - � - - - • • - - • • • ` - - . • . e - . - . - • • - - • • • - - � � • - • . - • - • • • • . • • ' _ • - . • - • � • - • • 7 4 .�ry r.y,hti. rt h.j �;Cti>s ,s7t c94 �;��� l ¢�yt r3:,r k , r� '� �S.fS�. �.77hw9 �t w � �� r A 1.�r it 4�,.t � � y� ��.� � � ":� F .-=1 f.' 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's�..��.^t'� id+$'i'� �i�� y�.'..u-� � �+'.� LT.Y '-,� Y -':� t ' � ;�r �e f :!�L, i: � dn"s�� � # aE�- ''��� i � n..e aaL x o3 p Y.f. - q�.. ;Y s kL3 � r, , ,.21.. s�J:� . t. , ' � �� �.' �.. . .. � � , � , �� , � ' �� ' ,' '. '1 / � ' , � '' '/ � / �� ' ,'� ` ,' / � / / ' '' . - � • �� ' ,,� ,, ' / / / ! ,,II� � �� ' '� '' ' ' / / ,,� � / � .� ' r, �,� ,' •` � i • � � �� s � ., ' . , i .• � " � • � • _ , � . • . � ' � � ' . • . �� . . • � �� � . � r , `. � , � � ' �� � ,I I '. ' � , � � �� � •. + , . ' • �,� � � �� 1 � i . . • , 1 �� • � �� . - �� .i " � � • • ' I� � . • � . . � � TOTAL BID PRICE IN FIGURES: $ �s, a��. O O TOTAL BID PRICE IN WORDS: _�C�efl�y t-;�/Q ��1�SGc, � �-�,,� � ��n��ti� � �"�;`�-y +o�� �O��G�S 4 �0� The undersigned CONTRACTOR, having examined and determined the scope of RFP No. 2014-1, hereby proposes to provide the required travel, labor, services, materials, and equipment, and to perForm the services as described in the Contract Documents, and to do all work at the prices set forth here. The undersigned CONTRACTOR also certifies that this Bid is made in good faith, and without collusion or connection with any other person or persons bidding on the work. IN WITNESS WHEREOF, CONTRACTOR executed this Bi as of date set forth on Page C-1: Signature: � Printed Name: ��� � S1r1�,vJ Title: J � L� 7r-e S ' � �t� � "CONTRACTOR" ACKNOWLEDGEMENT OF ADDENDA CONTRACTOR has received the following Addenda from CITY, receipt of which is hereby acknowledged: Addendum Number: � Date Received: o?- / 3— 1 � Addendum Number: Z- Date Received: � - 2Q— J �/ Addendum Number: Date Received: Addendum Number: Date Received: Addendum Number: Date Received: Signature: Date: �� Z- � " � �l Page C-3 State of California ) ) County of �i U2v�Si �, � Subscribed and sworn to (or affirmed) before me on this �- day of ft ���u� v�� (month), c�/'� (Year), bY , proved to me on the basis of satisfactory evidence to be the person(s}¢�' who appeared before me. 1 Signature of Notary � � � �---�_ (Seal of Notary) �........�..... �..«....,�.......� t 4 + � �: v(I�n'1 .i . .A'1'(Jll �r, � w '. .y � .. C F �)il� � /V�1 �r �s-••ti.r I�RI A.SKOY Commi�tioa I 203Mt1 Noq►y Public•C�INomi� RhN�fiO�C01MNy ConlT. N M 7 Page C-4 D - INFORMATION REQUIRED OF BIDDER GENERAL COMPANY INFORMATION: Company Name: 1��Set� 'A = C �ra • �~ ��n`� , �� � • . � Company Address: �9 � � � � l % a� S � . �Gti� ��;.�� s. L+a qaac� �f Owner Name: � ��� ��� ���5 ,��^� Contact Person:--�o�� G�Y� Phone: � lo p — ���_33�� Contact Person's Title: v r Ge ��e S�c�P✓�.T- E-Mail: �c���������..��, ��S, c o� MINIMUM QUALIFICATIONS: 1. Active California Class "C-20" License No.: 0�7 �� � Exp. Date: Ib-,3 '/ �� 2. Active City of Palm Desert Business License No.:/2�aca c�63 Exp. Date: Z -z 8�-iy 3. Current Employment Identification No.: 95-,�(07 a��g Exp. Date: ORGANIZATION STRUCTURE: 4. Type of Firm (Individual, Partnership, or Corporation): �o f�a����o �r1 5. Corporation organized under the laws of the State of: C�� � .�o��; �, 6. Number of years in business under Current Company Name/License No.: �/a 7. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: .�S�e � �r �hl�vJ ��P s� �e� � N���v ��a,�•� Sc G�l- - Tr��s� �� "�o c� d S�,<, � J ; c� ��� s�c�Pn-�-- 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? n� 10.Do you have a current, active Workers' Compensation Insurance Policy (Yes/No)? If so, (a) who is the carrier; (b) what is the policy number; and (c) when does the policy expire? "P S )` C'y�°r�.a �N�!'v v'� e�ce C'u- 3 3 �lflo 6s�I �0�,7/ /a- /- Z a�y Page D-1 Contractor hereby swears under penalty of perjury that the information provided above is true and correct. By: � Title: V r �� ���s%�P'n� Signatu,re "Contracfor" RELEVANT EXPERIENCE: 11. Number of years of experience that vou or vour 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 jobsite: 13. Please describe current employee training and/or relevant certifications. Staff Name Job Title Licenses/Certifications Years of HVAC (attach copies) Experience 1. Q ' s��i l/J ��--t C Ui So 1'o I✓ �Ya.%✓c. Z� 2. .c 1.�e c,�` "- c rnan v n%'v� ra,i��� Z � 3. � I � �; 1n�.r� ; 1 I Gn uP� ��f�n�`r��� .< r ��;�e 4. � ,Q '� � � T � �A � � r ; � 14. Pursuant to California Public Contracting Code Section 4100 et seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The bidder shall list all subcontractors who will perform work or labor or render service to Contractor in excess of One-Half of One Percent (0.5%) of the Contractor's Bid. Subcontractor Name: « � h,��'t"� S C(�r��t � � `( � C e- License Number: 7 7 7 �g � Business Address: yS�`S o� �� �� �/� S�rP 2 � ,lr���`c� �l� �v��0 / Page D-2 Telephone: _ �(S�C� ' ,3 7 � - � � Q � Work Description: C.�G ntC ���(/�� ( � Percent of Work� � /° Iv Subcontractor Name: � License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractor Name: � 1�1 License Number: Business Address: Telephone: Work Description: Percent of Work: �D�� S�1G� ' Print Name of Bidder Si nature of Bidder REFERENCES: 15. List at least three (3) similar HVAC installation projects that you firm has undertaken over the last twenty-four (24) months. The City of Palm Desert reserves the right to contact references as part of the evaluation and selection process. Citv of Palm Desert projects wilf not be accepted as a reference. Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner I\'e�t.�l Cl.. � _ ao� a t� SX�ncc�li�v lJ�n� 'P . 1. 2� Q��j� G�"jp,D c� }}V A C- I �7 7 /11 0�� F s�-rPe�-, @ , � m�(�i� •� 3P�r�� ,no Cfl I � '-��3, .3�sa.co `� ��� ���wss� s:��.�. �..c � 2. N �� oZ o I �j �F 7F�o :�.�-n r Pa►r�s ��d � �,,: �� � � ��.:.,�,a , �� �a2s �7r�o � ��� - 5��00 Page D-3 � t Q � �'�- e�e c�d�� r e 5 .�o S'��.��- 3. 1,,��`� Cdr7. co �`�AG I1 � �ol °Z I 91 u�es} �C�c�c. �� ' F-ra.��pm��l�" �crne-�-, Lfl 9.��`i�' - 7l0 -Soc� 16. The City may require a financial statement or other information and references � sufficiently comprehensive to permit an appraisal of your current financial condition. CERTIFICATION: The bidder certifies that the information provided above is a true representation of its qualifications, and agrees to comply with these assurances if awarded the Contract, and during Contract performance. Signature: Date: � " �� -� 7 Printed Name: �� (� � �,.J Title: v �,C P ��P S `i� P�� Page D-4 � � � ����� ����"` �`-A-�.� o DESERTa��' C.OND[I'IpNiIVG, ItiC Servire�tfie CoacfielTa Vafley Sinte�9s.f 590 WILLIANIS ROAD•PALl� SPRINGS, CA 92264 (760) 323-3383 •FAX (760) 323-8983 LICENSE NO. 276586 $2,083,000.00 Replace HVAC equipment September 2012 San Bernardino City Unified School District 777 North F Street San Bernardino, CA 92407 909-381-1100 $1,483,380.00 Replace HVAC equipment September 2013 Desert Sands Unified School District 47-950 Dune Pa1ms Road La Quinta, CA 92253 760-777-4200 $1,259,000.00 Replace HVAC equipment November 2012 Hemet Unified School District 1791 W. Acacia Avenue Hemet, CA 92545 951-765-5100 Cooling Sheet Metal Heating E - NON-COLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersign�d declares: � I am the Y � C� }�CPS'�f� � (Titie) of .�tSe�� A �r (an�' . �r 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 put in a false or sham Bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or that of any other bidder. All statements contained in the Bid are true. The bidder has not, directly or indirectly, submitted its Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid; and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on <D(U��( � , 2014, at �a�� , �.n S , C� C ty State By: Y�o-----� Signature Title: V � CP �r� S' ��1� � "CONTRACTOR" Page E-1 _._._.�_ _____._.___.._--------_____ _ .--__.----. -----------__---- --_.�� I ACKNOWLEllGNIE�IT I State of: Califomia ' . County of: �S / � On� 2 �. �efore me E�'��/` � ��4✓ � (name and fitl�f the OKcer) � � � personaily appeared ��� ---�1 Ct ��1 I i ; who proved to me on the basis of satisfactory evidence to be the person ( whose nameFajisl�e�-� subscribed to the within instrument and acknawledged to me that he/s#e%�e�.executed the same in his/f�e��e+�authonzed capacity(ies��and that by hislh�rl�ae+�signature(�'on the instrument the person($j� i or the entity upon behalf of which the person�acted, executed the instrument. ; , ; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregaing j paragraph is true and correct. � f t � � � � k WITNESS my hand and official seal i � i � �� r of Nota Public �� � i KE I A.SKOV i ComrtN�tlon�203841� R���-C�Illanf� Co�Miq► i - ----------- _�.._-- -- _. .----_ ----, , I � � BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS,that we Desert Air Conditioning, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Palm Desert as Obligee, hereinafter called the Obligee, in the sum of not to exceed ten percent (10%) of the total bid amount Dollars ($----), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Parkview HVAC Replacement Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perForm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed thi 18th day of February, 2014. � Desert Air Conditioning, In . (Princip � (Witness) ' � (Title) �� Tr � Casualty and Surety Company of America � ✓ (SeaQ Kenneth A. Coate (Witness) J ia B. dding, Attorney-In-Fact (Tit/e) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, February 1970 Edition 1 „ WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,�, POWER OF ATTORNEY TRAVELERS� Farmington Casualty Company St.Paul 1�lercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty und Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of��merica St.Paul Fire and Marine Insurance Company United States Fidelity and Guuranty Company St.Paul Gu�rdian Insurance Company ,�ttorney-In Fact No. 2�y I 06 Certificate No. 0 O 5 6 6 1,5 5 2 KNOW ALL NIEN BY THESE PRESENTS: That Farmin�ton Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Memury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,:�nd L'nited States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fideliry and Guuanty Insurance Company is a corporation duly organized unaer the luws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Ine.,is a corporation cluly organized imder the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Kenneth A.Coate,and Julia B.Gladding of the City of R1VeCStdO ,State of C111fOrnla ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undenakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or euaranteeing bonds�nd undertakings required or permitted in any acGons or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 3rd day of October 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company TYavelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company G1.SU,�� qVN� �`0.E 6 ��N INSG ,y��•p���NS�A t Jp�tY AM� �170WN!/Y �FS�YM'D `'�°i4 f ra �y�A"'ay � i Qo:• •a )o:...........vi`� g �c y �n F �y �to ��f°,s Q%pPOHqT''�nt wT � ���D�p O �0 6 9 RGOq �� f V (�” � � �' F+G1 �Q w�qIPOltqTEp m �I m tW r c0 f�: � I 9 8 2 0 < y,q� '-'i " i a t --_ ;�`s W rtaRTFORD, < 3�RD. � 1896 : t c � l:. n �i �o y6q�•�S a � 1951 � �;SEALjoI ���5&RL.•'.r W CONN. o � � P N „ �y . r�'+ ! �� '��y� „�E�° "1's':'A;,�a�-'� °'.}r......'�a° 'sb „aat � ra�i� ��1!AN�� i,n„ro� ti....„..+j �.,,u,• // State of Connecticut By: City of HHrtford tis'. Robert L.Ramey,_enior Vice Pre�i�ent On this the 3r� day of OC[ober 2013 before me personally appeared Rober[L.Raney,who acknowle�ged him,clf to be the Senior Vice Presi�ent of Farmin�ron Casualty Company, Fidelity and Guaranty Insurance Company,Fideliry and Guaranty hisurance Un�lenvriters,Inc.,St.Paiul Fire and Mari�e Insurance Company,St.Paul Guardian lnsurance Company,St.Paul Mercury[nsurance Company,Travelers Ca,ualry and Surery Comp�my,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and Ihat he,as such,being nuthorized so ro do,e.zecuted the foreguin� instrument for the purposes therein contained by sioning on behalf of the corporations by himself as a duly authorized ofticer. G.TET In Witness�Vhereof,[hereunto set my hand and ofticial seul. '� �I� �� � • � My Commission expires the;Odi day'oF J�me.?016. �p�llG * '�larie C'.Tc�rcuui�.Nu�ur��Puhli� �� 58440-8-12 F'rinted in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmingron Casualry Company.Fideliry and Guuanty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,SL Pau1 Guardian Insurance Company,St. Paul Mercury [nsurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice Presi�lent,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Aoents ro act for and on behaif of the Company and may give such appointee such authority as his or her ceRificate of authority may prescribe to sign with the Company's name and seul with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said o�cers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any paR of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undeRaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant [o a written delegation of authoriry; and it is FURTHER RESOLVED,that the signamre of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guazanty Insurance Company,Fidelity and Guaranry Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guazdian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not bee�revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and afFixed the seals of said Companies this day of ��1�,� ,20 _ �� � Kevin E.Hughes,Assistant Sec tary GI.SU,��r �•••� �F�PE4� 0�*N•�NSG9 JP+1NS4q' 9J��T14Np� !}03Wtn, ��a•Y�� �nvn.� �3' o� �r p--�y�'L v � r �A �ZORFry��1�i Q�:!.•fOR� �n `P �� � CT� 4 �' 6� �tlU'ORATED � � fEm Wrco� re:.'" 'S � �s a z o � 1 sn � �� : :r _ � wwrFaro. ��w�ona 9 < "'C01"�o �,-�b��,S a � � 1951 v l Y ��,SEqL,io �iS81LL;; � c� g �\'"""/� �, 1896 � a ;, o' ��. •! s,, . e i � �'�• �� '/ � �4y�R��E� �1S.AN�a �Yf........��d dt �i �.v�y�. 1�1!At(�� � � � . To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-[n-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �1�L0�ORnl9l► ALL-PIJRPOSE ,��6(PD09NLEDC;1lIIEi9�T State of Califiornia COUn1`y Of Riverside On FEB 18 2014 beiore me, Stephanie D. Fisher, Notary Public , Date Here Insert Name and Title of the Officer personaily appeared Jul i a a. Cl addi ng Name(s)of Signer(s) who proved to me on the basis ofi satisfactory evidence to be ihe person{s}whose name�is,�a�e subscribed to the within ins4rument and acknowledged io me that �edshe/t�ey executed lhe sam� in�is/her/�e'tr aufhorized . STEPHANIE D.FISHER capacity(�+esj, and that by i�+s/her/�refr signatur�� on ihe COMM.#2028911 insirumeni ihe person(�, or ihe eniity upon behalfi of NOTARYPUBLIC-CALIFORNIA which the persor�acted, e;cecuted the ins�rument. RIVERSIOE COUNTY MyComm.Ezpires,huie 18,20t7 _ I certify under PCN�LTY OF PERJURY under ihe laws of the State o�� Caliiornia rhar the ioregoing paragraph is true and correct. WITiVESS my hand and ofifici seal. Signature Place Notary Seal Above Sig re Notary Public �PT9�t11AL Though the information below is not required by law, it may prove valuable io persons re/ying on the document and could prevent fraudulent removal and reattachment oi this form to another document. �����°a��o�d� �f l���t��h�cd9 ����avx��a�� i iile or iype of Document: Document Daie: Number of Pages: Signer(s) Other Than Named/�bove: none �����o��(i��y �I�i��c� E�� �aJ���°��9 Signer's Name: Jul i a B. G1 addi nq Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Oiiicer—i itle(s): ❑ Partner—❑ Limitecl ❑ General ❑ Par4ner—❑ Limited ❑General �, I� Aitorney in Fact •' �'. ❑Attorney in Fact • �' ❑ I YUSt22 Top of thumb here �7rUStee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �2007 National Notary Association�9350 De Soto Ave.,P.O.Box 2402=Chatsworth,CA 97373-2402<wvnvNationalNotary.org Item�5907 Reorder.Call Toll-Free 1-800-876-68D AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of March 2014 by and between the City of Palm Desert, California (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 individual or collectively as "Party" or "Parties"). WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for CITY Project, 1. PARKVIEW HVAC REPLACEMENT PROJECT, FINANCE RFP NO. 2014-1, in strict accordance with the Contract Documents identified below, CITY has accepted said bid. 2. CONTRACTOR states that it has: (a) re-examined its Contractor's Bid, and found it to be correct; (b) ascertained that its subcontractors are properly licensed, and possess the requisite skill and forces; and (c) examined the jobsite and the Contract in accordance with the Contract Documents, for the money set forth in its bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (fl The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. ; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions, and drawings 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 their documents, they shall likewise be deemed incorporated. Page 1 of 5 2. Proiect Term. CONTRACTOR shall: (a) commence the work within ten (10) calendar days after the date of the "Notice to Proceed"; (b) do all things necessary to construct the work generally described in Recital No. 1, in accordance with the Contract Documents; and (c) complete said work within thirty (30) calendar days from the "Notice to Proceed" date, to the Project Manager's satisfaction. 3. Independent Contractors. 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 its 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. 4. Indemnification. CONTRACTOR agrees to indemnify, defend, and save CITY, its elected officials, its appointed officers, employees, and agents, and the Project Manager, harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to CONTRACTOR'S employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of CONTRACTOR or its officers, employees, agents, or subcontractors, and all expenses of investigating and defending against same. b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c. Attention is directed to the "General Specifications - Claims, Liability, and Indemnity AgreemenUHold Harmless" sections, which specifications are made part of this Agreement as set forth above in Paragraph 1 of this Ag reement. d. Attention is directed to Section 6-9, "Liquidated Damages," of the Standard Specifications. This section is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be One Thousand Dollars ($1,000) dollars per calendar day of delay. Page 2 of 5 5. Disputes. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being CITY or CONTRACTOR, should be entitled to a reasonable sum for attorney's fees that are incurred in any such litigation relating to this Agreement. 6. Application. This Agreement shall be binding upon all parties hereto, and their respective heirs, executors, administrators, successors, and assigns. 7. Governinq Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 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: For CITY: City of Palm Desert Attention: Mr. John M. Wohlmuth, City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 For CONTRACTOR: Desert Air Conditioning, Inc. Attention: Mr. Jeff Shaw, President 590 Williams Road Palm Springs, CA 92264 9. Pavment of Subcontractors. CONTRACTOR shall be paid in the manner set forth in the Contract Documents, based upon the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime CONTRACTOR agrees to pay each subcontractor under this prime Contract for satisfactory performance of its Contract, no later than ten (10) days from the receipt of each payment that the prime CONTRACTOR receives from CITY. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause, following CITY'S written approval. Release of Retention: CONTRACTOR agrees further to release retention payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause, following CITY'S written approval. Page3of5 10. Worker's Compensation Insurance. Execution of the Agreement by the parties constitutes: (a) their agreement to abide by all applicable provisions of the California Labor Code; (b) CONTRACTOR'S certification that he is aware of the provisions of said Labor Code, and will comply with them; and (c) CONTRACTOR'S certification as follows: "I am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for worker'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." 11. Testin . As part of its Bid, CONTRACTOR shall do a preliminary duct leakage test prior to each heating, ventilating, and air conditioning ("HVAC") unit changeout. Said leakage test shall include written CONTRACTOR comments on: 1) Proper duct sizing; 2) Total airflow supply and return; and 3) Tenant Zoning for duct assignment to the system and the tenant location. Page 4 of 5 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. 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. CITY: CONTRACTOR: Van G. Tanner 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 Page5of5 H - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Palm Desert (hereinafter referred to as "CITY") has awarded to (hereinafter referred to as "PRINCIPAL"), a Contract for: PARKVIEW HVAC REPLACEMENT PROJECT FINANCE RFP NO. 2014-1 WHEREAS, said PRINCIPAL is required under the terms of said Contract to furnish a good and sufficient bond for the performance of said Contract: NOW THEREFORE, WE, the PRINCIPAL, and as Surety, are held and firmly bound unto CITY, in the penal sum of Dollars ($ ), being One Hundred Percent (100%) of the Contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bounded PRINICIPAL, its executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said Contract and any alterations thereof made as therein provided, on its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its elected officials, and its appointed officers, employees, and agents, as therein stipulated, then this obtigation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or the Specifications. Page H-1 Should it become necessary for CITY to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by� the above-named PRINCIPAL and Surety, on this day of , 2014. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT: ADDRESS: TELEPHONE NUMBER: State of California ) ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page H-2 i I - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Palm Desert (sometimes hereinafter referred to as "OBLIGEE") has awarded to (hereinafter referred to as "CONTRACTOR"), an agreement dated described as follows: PARKVIEW HVAC REPLACEMENT PROJECT, FINANCE RFP NO. 2014-1 (hereinafter referred to as "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said CONTRACT, and pursuant to California Civil Code Section 9100 et seq.; NOW, THEREFORE, we, , the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert, and to any and all persons, companies, or corporations entitled to file stop notices under California Civil Code Section 9100, in the sum of Dollars ($ ), said sum being not less than One Hundred Percent (100%) of the total amount payabte by said OBLIGEE under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR or his or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay: 1) for any materials, provisions or other supplies, implements, machinery or power used in, upon, for, or about the performance of the Public Work cQntracted to be done; 2) any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon; 3) for amounts due under the California Unemplovment Insurance Code with respect to such work or labor; 4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his subcontractors, pursuant to California Unemployment Insurance Code Section 13020, with respect to such work and labor as required by the provisions of California Civil Code Section 9100 et seq.; or 5) for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under California Civil Code Section 9100, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page I-1 i The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of Contract or to the work to be performed thereunder or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any su,ch change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between OBLIGEE and CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if OBLIGEE is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay OBLIGEE'S reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2014. PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: gy: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies that execute bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance as defined in California lnsurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant, or loan funds, it must also appear on the United States Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page I-2 Acknowledgment State of California ) ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page I-3