HomeMy WebLinkAboutC33940 - Parkvw Office Cmplx HVAC Rplcmnt Prjct II CITY OF PALM DESERT
OFFICE OF THE CITY TREASURER
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. c3394o
TO DESERT AIR CONDITIONING, INC. OF PALM SPRINGS,
CALIFORNIA, FOR PARKVIEW HVAC REPLACEMENT
PROJECT II (FINANCE RFP NO. 2014-4), IN AN AMOUNT NOT
TO EXCEED $46,642.
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, October 23, 2014
CONTENTS: 1) Contractor's Proposal and Bid Bond.
2) Contract Agreement.
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. c3394o to Desert Air
Conditioning, Inc. of Palm Springs, California, for the Parkview HVAC
Replacement Project II (Finance RFP No. 2014-4), in an amount not to
exceed $46,642.
C33940
Staff Report
Contract Award for Parkview HVAC Replacement Project II (RFP No. 2014-4)
October 23, 2014
Page 2 of 3
Backqround
On September 4, 2014, the City of Palm Desert ("City") Finance Department issued
Request for Proposals ("RFP") No. 2014-4 for Parkview HVAC Replacement Project II.
This project entails replacing nine (9) heating, ventilating, and air conditioning ("HVAC")
units that were installed on the Parkview Professional Building (73-710) roof in the
1990s.
The units to be replaced are 15 - 18 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, and distributed to
state plan rooms. A Pre-Bid Conference, which included a roof tour, was held for the
following interested parties:
• Anderson Air Conditioning, LP
• Air Temperature Specialists
• Best In The West Air Conditioning & Heating
• Desert Air Conditioning, Inc.
• GM Climate Control, Inc.
• H&H Air Conditioning & Heating
• Pacific Air Heating & Cooling, Inc.
• Pacific West Industries
On February 26, 2014, the following companies submitted sealed bids in the dollar
amounts stated below, in response to this RFP:
• Desert Air Conditioning $ 46,642
• Anderson Air Conditioning $ 74,817
• GM Climate Control, Inc. $ 75,991
Desert Air Conditioning, Inc. ("Desert Air") of Palm Springs, California, submitted the
lowest bid. It offered to install nine Carrier HVAC units for a total cost of$46,642
(includes units, 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.
� C33940
Staff Report
Contract Award for Parkview HVAC Replacement Project II (RFP No. 2014-4)
October 23, 2014
Page 3 of 3
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.
Prepared By:
������TYV1.A�' �i �
Thomas W. Jeffrey CITYCOI1NCiLACTTON
Project Manager APPROVF,D �/ nrNirn
RECEIVGD OTHER
MEETING DATF, �
Department Head: AVF,S: � n� �r
NOF,S: Dy�m
A�35TNT: Il��'e - - --
AI3STAIN: �
VERIFII:D I3Y:
Paul S. Gibson, Director of Finance Original on File with City Clerk's Uf►ce
rov
J hn M. Wohlmuth, City Manager
' �
• Contract No. C33940
C - CONTRACTOR'S BID
PARKVIEW HVAC REPLACEMENT PROJECT 11
FINANCE RFP NO. 2014-4
TO: CITY OF PALM DESERT ("CITY")
DATE: � w a(o - �(� I �I
BIDDER: � � i �' � �0(lc � ("CONTRACTOR")
The UNDERSIGNED, "CONTRACTOR", having carefully examined the jobsite and the
Contract Documents for the PARKVIEW HVAC REPLACEMENT PROJECT II,
FINANCE RFP NO. 2014-4, hereby proposes to execute the work in accordance with
the Contract Documents, including Addenda No(s). for the amount
stated in this bid (hereinafter referred to as "Bid").
By submitting this Bid, CONTRACTOR agrees with CITY:
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 contained 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
. �
Request for Proposals No. 2014-4
"Parkview HVAC Replacement Project II"
Addendum No. 2
Page 2 of 4
Section C— "CONTRACTOR'S B/D'; Page C-2, is amended as fol/ows:
" .., Please bid your lowest price for the complete cost of installing each new HVAC unit
that is shown below. e#�es�++agaad
�:Your Bid should include a separate itemized total for each of the following unit
costs: (1) in-house Tesbng and Balancing; (2) instaltation of new three-phase, lever-
style electrical fused disconnecta; and (3) inatalladon ot new sheat metsl duct h�ansitions
and duct flex connectors between the new unit and existing ductwork. In your bid, the
HVAC unit numbers shown below should correspond with those shown on Pages
1 and 2 of"General Specifications", "Scope of Work".
. . . . . .... •
� � � � �• • _ • �
�,�;. ti f !•' i • i ' •• �
1 l' � - $ �7 $ - s I $
2 c�� � � -- $ "7 $ - $ d 1 $
3 �: � $ $ — $a32 � $ ��
4 � t �s . --- $ � , $ -- $ ��8� $
s C�. . �r - $ $ - $ 3a $ ��
6 C�c c-« 3.S I S — $ � $ — $ � $ �
7 ac�. zr " IS — $ 7 $ — $ 2 $ o
8 ,t ; � �. � — $ ' �7 $ — $ .�-�1 $ 6
9 C�<< .� ; y �s.s - $ 3��`� $ — $�a�s 590�,
�-a — _ _ � $ _ $ _ $ _ $ .-
PLUS: COST OF IN-}IOUSE TESTING AND BALANC(NG OF ALL NEW UNITS ;� y �
PL.US: CO3"f OF INS1'ALLING 3-PHA.�E, LEVF.R-STY[.E E:LFCTRICAL FI.JSED �
I�ISCONNFCfS FnR .�I.l_ NFV1�' t�NITS I 5 y �
t'I.1�S: C4ST OF INST:�LLItiG vf:�V SfIFET 11E"f,�L UC'C'C fRf�NSI"f(nNS:�'�t) �
� r�t�c�T Ft �X cc��;�[-crc�Rti E���.t��t�[��` \f=W I'�ITS :�`U t:X1S[I�G 3 �-� (�
I)t'('I V1�)RK
� UISCOUNT FOR �8 9 [JNITS $
� � y�8
iTnTAI. BIn YRICE $ y
M HWnRO�)1PROPFRTV MANAf.FMfNTRFP NO �7�a��DDfN7!!M NO 7 drn
. . `
TOTAL BID PRICE IN FIGURES: $ � �� � y �- ��
TOTAL BtD PRlCE IN WORDS: �o � �y S� X ��pu�.s�n� �.��X hundt'��
� o
� -��C�y ��o �011c�i � c� �v D
The undersigned CONTRACTOR, having examined and determined the scope of RFP
No. 2014-4, 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 Bid as of date set forth on
Page C-1:
. /f�
Signature:
Printed Name: 8 d �/ cJ" Y1G,��
Title: �{ c,� ���5��e � -�
"CONTRACTOR"
ACKNOWLEDGEMENT OF ADDENDA
All bidders shall be responsible for ensuring that their bid is submitted on the latest
project documents, and that all Addenda are included, by contacting the Project
Manager.
CONTRACTOR has received the following Addenda from CITY, receipt of which is
hereby acknowledged:
Addendum Number: } Date Received: � - �S � � � � �-/
Addendum Number: � Date Received: / ' � �.. " a� I L'
Addendum Number: Date Received:
Addendum Number: Date Received:
Addendum Number: Date Received:
Page C-3
Si nature: k�
9
Date: �� o� � "- a2-� � `-1
State of California )
!� )
County of f�i J ���' � � )
Subscribed and sworn to (or affirmed) before me on this day of ���eM��
(month),�� I � (year), by < <,._S
, 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)
KERI A.SKOV
Commiaalon I 203N11
+ Notary PuONc-C�INanN�
A�vKsiO�County
Comm.E� 23 20f 7+
Page C-4
D — INFORMATION REQUIRED OF BIDDER
GENERAL COMPANY INFORMATION:
Company Name: ��5��� � `� �n �` �'�n'n � Zn �. „
�
Company Address: 5 O �.'� � 1 � � a �`r`� ��a �`
�a�m c 'n S LA �aa-�y
� � , �
Owner Name: S.� � � ��}� a�;� ��e S���'�`
Contact Person: '��� � -l-�h��-J Phone: ��O -� ���- 3��3
Contact Person's Title: �� Le �Cp S� �en� E-Mail: ��ha�J �dP��.�G�r��,.�
MINIMUM QUALIFICATIONS:
1. Active California Class "C-20" License No.: �7 �U ��� Exp. Date: I��'31- � y
2. Active City of Palm Desert Business License No.: - ' Exp. Date: �1S
3. Current Employment Identification No.: q 5-,�2(�7 S6� Exp. Date:
ORGANIZATION STRUCTURE:
4. Type of Firm (Individual, Partnership, or Corporation): � o �: - o n
5. Corporation organized under the laws of the State of:
6. Number of years in business under Current Company Name/License No.:
7. List the names and addresses of all owners of the firm or names and titles of all
o�cers of the corporation:
•�e �-� 5�u� ��e5�� en �
�G��•� ShU�� ��ct��,cT�TC�c��re �
�0 8 � s�u�3 V � C.c 1��e s, d�'�1 �
8. Number of employees in your company: y s
9. Have you ever had your California Contractor's License suspended, cancelled, or
revoked? If so, why and for how long? n O
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 21C�`
policy expire? �Ie S S�-�a�}-� �.�r� � �i�,s, q I 1,301 S� �/ � 0 -� " � �
7
11.Number of years of experience that you or your subcontractor have in installing
commercial HVAC units: �� .
Page D-1
Contractor hereby swears under penalty of perjury that the information provided above
is true and correct.
B : v' Title: �< <e �Ce S'��Pt �—
Y
Signature "Contractor"
RELEVANT EXPERIENCE:
11. Number of years of experience that you or vour subcontractor have in commercial
HVAC maintenance and repair: ��L
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.
0 � �`,-� C ' c.t t\� an 1 f ti;n�� Z�
2. �;�1� �ecX 1 rocPm n ur: T��.��e� ZG
3. — ��
�o. �-� ro c cr�n ,� �,o Tc�;
4.
14. Pursuant to California Public Contractinq 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: W h� �e S � C�f� � �ru • C �
License Number: y �] � a�-� `7
Business Address: � � - �a � �G�� ne �--.��cec � �'� �� �i � � 9�ac 1
�
Page D-2
Telephone: � ��` ��/ �' 3� � �
Work Description: C�G t�e � ``1� '�e- Percent of Work: Z-�U
Subcontractor Name: �/�
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor Name: �
License Number:
Business Address:
Telephone:
Wo�lc Description: Percent of Work:
-r� a a s�-� -/ �-�s
Print Name of Bidder Signature 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 will not be accepted as a
reference.
Contract Amount No. of HVAC Date Completed Name, Address &
Units Installed Telephone No. of Owner
�. ��s, a3y.00 �� �y o�� ��IM� �
I 3 �- ac � � �3-s,o ;-«�9 �1a� ��S � �� �s�.
� ��e 7�o-3yle-�b 1�
x�} 5dc� s lJ�r+: � �uo �
2.� i, ��3,�0 o i sz �_ �� i y �,-as� ��.�rs �4��. � d
' � ��,. ,nk.� cA 9� �
7 �0 .. �77 - yaoo
Page D-3
y�,`� n S (�n t � �oo �
3-� 1,3`�`�,OI�.OQ �_ � �� � � y7-9S� �anc ?Q\�s�
t�-c��.,c��� c.�► q�S3
J J�t� t.0 u-f' �
��o �� » - y.�o�
16. List at least three (3) commercial HVAC installation projects in which your firm has
installed thirteen (131 or more units within a thirty (30) —day period for a sin le
customer at a sinQle iobsite, 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 proiects will not be accepted as a
reference.
Contract Amount No. of HVAC Date Completed Name, Address &
Units Installed Telephone No. of Owner
So�me a S
1. ��e
cjar�e �s
2.
� � ��
Se�c+�p a 5
s. Gba.� e
17. How much of a delay would there by between the time that the 16 SEER
commercial HVAC units are ordered, and the tirr�e that they are ready for
installation? �{ �v (o w z e�5 c�►�"`ti ��n �5 �r{ S+���ac c�.
o cde� �-�cr�e. �,�� �hPS �n. �5
18. How many employees would your firm assign to install the HVAC units?
S � X
19. Has your firm ever had any issues with commercial HVAC installations that
required the manufacturer's involvement? If so, please list the client, and the
clienYs contact information. n �
20. The City may require a financial statement or other information and references
sufficiently comprehensive to permit an appraisal of your current financial
condition. —f }�� c� -� s ,�',,nE,
Page D-4
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: / - � V " �� �l
Printed Name: I ��� ��a `"�
Title: � t C� �CQS' aPt��
Page D-5
E - NON-COLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the V ��z �Cp 5►��� (Title) of���'�` R� � �Gc�d. 1 n c..,(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
��2 ccl �.0 v�Co , 2014, at C��1c� �'�, , � (�- .
C ity State
�
By: l
Signature
Title: V � � � ��PS �� E'�1 �
"CONTRACTOR"
Page E-1
F - BlDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS:
That we, Desert Air Conditioning, �n�. as Principal,
and Travelers cagUa�t„ and SuretY Companv of America as Surety, are held and
firmly bound unto the City of Palm Desert ("City") in the sum of$ �1� (10%
of Bid) to be paid to the City or its certain attorney, its successo�s and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
(1) not to exceed ten percent (10�) of the total bid amount ($----)
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above
bounden principal to perform certain work described as follows:
PARKVIEW HVAC REPLACEMENT PROJECT II
FINANCE RFP NO, 2014-4
The general items of work to be done hereunder consist of:
Remove, dispose of, and repface of thirteen (13) commerciaf heat pump
HVAC units; connect the new units to existing ductwork, electrical wiring,
drain, and refrigerant piping; and install thirteen (13) new Venstar T2800
Title 24-Compliant Commercial Programmable Setback Thermostats; and
clean-up the jobsite.
and dated September z9, zo�a is accepted by the City of Palm Desert,
and if the above-bounden Principal Desert Air conditioning, �nc. SIIaII
duly enter into and execute a Contract for such construction, and shaN execute and
deliver the Payment Bond, the Performance Bond, and insurance certificates as
required by said Contract, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
Should it become necessary for the 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.
(Remainder of fhis page has intentionally been left blank.
Signature blocks are contained on the nexf pageJ
Page F-1
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 22nd day
Of september 2014.
Contractor's Name: Desert Air Condition' Inc.
Contractor's Signature: 4
Title: / � C � ���
Address: s90 Williams Road, Palm Springs, CA 92264
Telep�lone: c�6o,3za-33ea
Surety�3 NaRI@: Travelers Casualty and Surety Company of America
Surety's Signature: J���a B. Gladding
TIt�Q. Attorney-In-Fact
Address: 655 N. Central Avenue, Suite 1600, Glendale, CA 91203
Telephone: ceie�ao9-oo00
Acknowledgment
State of California )
� v-e.✓s � )
County of � ` Q�- )
On -�f I • �S �O� T before me, 1�.2✓; A S�10✓, �a �r�/
personallyappeared %Odd �• SI��.cJ _
, who proved to me on the basis of
satisfactory evidence to be the person whose name(s�f�is/au��ubscribed to the within
instrument and acknowledged to me that he/sf�eltk�e�executed the same in his/ '
authorized capacity(iea�"and that by his/�signature�n the instrument the
person(sj�'or the entity upon behalf of which the person(a'r"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 F-2 KERI A.SKOV
con�nMu�on�2osa�t+
Not�ry/wYe-C�INanf�
RMI�d1�Co1�
n�. a o,7
WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RE�80RDER
� A POWER OF ATTORNEY
TRAVELERSJ Farmington C:uualt� Company St.Paul Alrrcury Insur•rncc Compam
Fidelit� and Guarantv Insuronce Company Travelers Casualty and Sureh Comp�m
Fidrlit} and Guaranty Insurance linderwriters,Inc. Tracclers Casualt} and Suretp Compam of.�merica
tit.Paul Fire and�larine Insurance Cumpany Unitrd States Fidrlih and Guaranh ('ompam
St.P•rul Guardian Insurance Company�
Attorney-In Fact no. �19106 Crrtificatr Nu. O O���1 1 `t 1
KNOW ALL �IEV Bti' 'I'HF.SE PRF.tiENTS: Th:it F�rmington Casuahy Cumpany. St. Paul Firc and Atarine In.urance C��mp:ui�. St. Paul Gu:irdi.m Inwranrc
Company. St. Paul Mcrcury Inwrancr Cumpam•.Tra�cicn Casualty and Surcty Company.Travcicrs Casualty anJ Surct} Cumpam ut Amcnr.i..inJ Unitc� Sta�cs
FidcGty and Guar.mty Company .uc eorp��r�tionti duly or_anizcd under the laws of the State of Connerurut, that fiJclity anJ Gu:u:imy In.ur�nce Cumpan� Is �
corporation duly organizeJ under thc la«>uf the State of(ow�,and that Fideliry and Guaranry Inwrance Underwrners.Inc.,i.a rurp��ratiun Juh ur_aniicd undrr thr
I8�4'ti Of[Fll'St�tr of Wixonsin Ihercin cullrrti��ely c:illed the"Companie;'),and that the Companies du herrby make.con,titutc and appoint
Kenneth A.Coate,and Julia B.Gla�ding
of the City of Riverside ,s�;,,e of CaGf01't118 ,ihcir truc:ind lawful Aitorncy(�1 in-Fact,
each in their separate capacity if more than onr is named above,to sign,execute,seal and acknowledge any and all bondx,recognizances,cunditional undertakin¢s and
other writings oblig�tory in the n�turc thercof on behalf oC the Companiez in their business of guaranteeing the fideliry of persons,�uaranteeing the �xrformancc of
contracts and executing or guar�nreeing bond�anJ undenakings required or perniitted in any actions or proceeding;allowed by I�w.
IN�VI7'NESS WHEREOF,the Companics havc cau,cd this imtnuncnt to bc signcd and thcir corporatc sealx to bc hcrctu affixcd.thi, �r�
��y��f Octobcr 2013
Farmin�ton Casualty Company St.Paul 1�lercury Insurance Company
F'idelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurence U�derwriters,Inc. 7Y•avelers Casualty and Surety Company of America
St.Paul Fire and M1tarine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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58440-8-12 Pnnted�n U.S.A.
WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - ,�.. - - - - - - - - - - - - - - - - - - - - - - - - -
Siate of Cali'rornia
COUniy Of Riverside
On SEP 2 2 2014 b��ore me, Stephani e D. Fi sher, Notary Publ i c ,
Da1e Here Insert Name ar,tl Title ot tne 011�ce�
personally appeared Jul i a B. Gl addi nq
Name(s)ol S�qner(s)
who proved to m�on the basis oi saiisfactory evidence to
be the personfs}whose name� isfa�e subscribed to the
STEPHANIE D. FISHER within insirument and acl<nowledged to me that
� C�MM.#2028911 �/she/' executed ihe same in�s/her/�►eir auihorized
�'� ''"�►;- NOTARY PUBUC-CALIFORNIA �
� ` ?� RIVERSIDE COUNTY capacity(tesj, and ihat by +�s/her/4�refr signature� on ihe
nRycomm.�es,hx,e�e.xo» instrumeni the person(�, or fhe entity upon bel�alf of
which the �ersor�s}acted, executed Yhe ins�rument.
I ceriify under PENALi Y OF PERJURY under the laws
of the State ofi Califiornia ihat the �oregoing paragraph is
true and correct.
WI i NESS my hand and ofi' I seal.
Signaiure
Piace Notary Seai Above S�g�zt re Notary Pcbi�c
�PTIOIiIAL
Though the information below is not required by law, rf may prove valuable to pe�sons relying on fhe document
and could p�event lraudulent removal and realtachment ol this lorm to anofher document.
��5c�•i�ation of Aitach�d Doc�a��e�nt
-i itl� or iype of Document: ___
Document Date: Numb2r o� Pages: .______
Sign2r(s) Oth�rThan Named �bov�: ___.none___ __ __
1.=����Cltji(ICS� �I�II71�f1 I)�! �IE�Ii('i'�c)
Sign2r's Name: Julia B, Gladding _ _________ Signer's �lame:
_
� � Individual i I Individual
--� Corporate O�ficer—i itle{s): ________ . _ !-: Corpor�le Oi�icer --i itl2(s): _ __ _ . __ _ ._ _.____
� : Parfnei —!� Lii�iitad i i Gene�al I l Partner--i i Limiied C: General
�
�X� Atiorney in Faci � f-J F.iiorney in Fact •
� Top cf Inu'^h h9re _. inp pf tr.nib h•-�rp
l.� IfUS1@e 'J IfLIS1@@
i ; Guardian or Conservator C� Guardian or Conservator
�.' Oil�er:._ rl Other:__
Sign�r Is Representin�: _____ Signer Is Represeniing� _._____
- - - . _ . .--- I ---- - -- _ ..— —
— --- — ---- _ _ _....- -------- —
— _.- -- �-- - ---
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AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this day of October 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 II, FINANCE RFP NO. 2014-4,
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; (� 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.1 and 2; (m) Any Change Orders
issued; and (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 4
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 "Ges�esa4 Specifications - Claims, tiability, and
Indemnity Agreement/Hold Harmless" sections, which specifications are
made part of this Agreement as set forth above in Paragraph 1 of this
Agreement.
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 4
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. Payment 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.
Page3of4
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."
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
Page 4 of 4
H - PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the City of Palm Desert (hereinafter referred to as "CITY") has
awarded to Desert Air Conditioninq, Inc. (hereinafter referred to as "PRINCIPAL"), a
Contract for:
PH ARKVIEW HVAC REPLACEMENT PROJECT II
FINANCE RFP NO. 2014-4
WHEREAS, said PRINCIPAL is required under the terms of said Contract to
furnish a good and sufficient bond for the performance of said Contract:
NOW THEREFORE, WE, Desert Air Conditioninq, Inc., the PRINCIPAL, and
as Surety, are held and firmly bound unto
CITY, in the penal sum of FORTY-SIX THOUSAND SIX HUNDRED FORTY-TWO
Dollars ($46,642.00), 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 obligation 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 — PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the City of Palm Desert (sometimes hereinafter referred to as
"OBLIGEE") has awarded to Desert Air Conditioning, Inc. (hereinafter referred to as
"CONTRACTOR"), an agreement dated described as follows: PARKVIEW
HVAC REPLACEMENT PROJECT II, FINANCE RFP NO. 2014-4 (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, Desert Air Conditioninq, Inc., 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 Forty-Six Thousand Six Hundred Fortv-Two Dollars
($46,642.00), said sum being not less than One Hundred Percent (100%) of the total
amount payable 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 contracted 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 Unemplovment 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
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 such 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: By:
(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