The URL can be used to link to this page

Resolution No. 2012-244 (2)CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 5, 2013 TO: S. Kevin Wilson, Director of Community ServicesW & Water FROM: Deborah Juarez, Records Management Assistant RE: Contract No. CS-0338 — Replacement of City Hall Chiller Unit Transmitted. herewith are two duplicate originals of the contract referenced above, approved by the City Council of the City of Vernon on December 18, 2012, through Resolution No. 2012-244. If you have any questions, please let me know. Thank you. Enclosures c: Contract No. CS-0338 Resolution No. 2012-244 Im�p• Y'Jo RISK MANAGEMENT INTER -DEPARTMENT MEMORANDUM DATE: February 4, 2013 TO: Pin Chan, Project Engineer FROM: Teresa McAllister Human Resource Director--' RE: Complete Thermal Services - City Hall Building Chiller Replacement - Contract No. CS-0338 Please be advised that Complete Thermal Services has provided acceptable insurance coverage including a Performance Bond as well as .a Labor and Material Bond. Complete Thermal services will remove and replace an existing chiller unit located on the roof of the City Hall building. TM/ja D EC�T ZIE JAM 2 3 D CITYATTORNEY DEPT COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: William J. Davis, Mayor Nicholas George Rodriguez, City Attorney Dana Reed, Acting City Clerk FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: January 22, 2013 SUBJECT: City Hall Building Chiller Replacement, Contract No. CS-0338 Enclosed are Contract No. CS-0338 documents, in triplicate. The Risk Management has approved the insurance coverage from Complete Thermal Services, hic. Please sign where indicated and return the documents to my office. Thank you. SKW/pc Enclosures CITY OF VERNON CALIFORNIA CITY HALL BUILDING CHILLER REPLACEMENT Contract No. CS-0338 Mandatory Job Walk Date: (Monday) November 26, 2012, 9:00 a.m. Bid Opening Date: (Wednesday) December 5, 2012, 2:00 p.m. COMMUNITY SERVICES & WATER DEPARTMENT 1 CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CA 90058 (323) 583-8811 TABLE OF CONTENTS A. C. NOTICE INVITING SEALED PROPOSALS (BIDS) INFORMATION FOR BIDDERS 1. General................................... ....................................... ......... 2. Contract Documents..................................................................... 3. License 4. Proposals..................................................................... 5. Contract and Bonds..................................................................... 6. Addenda.............................. Page .................................... A-1 .................................... B-1 ................... :................ B-1 .......................................... B-1 .......................................... B-1 .......................................... B-2 ....................................... 7. Withdrawal of Bid.............................................................................. 8. Award or Rejection of Bids........................................................................ 9. Bidders Interested in More Than One Bid .................................................. 10. Insurance and Financial Requirements...................................................... 11. Preliminary Estimate.............................................................................. 12. Deductive Items.............................................................................. 13. Mandatory Tour of the Site........................................................................ 14. Project Description..................................................................... 15. Project Map..................................................................... BID FORM PROPOSAL TO THE CITY OF VERNON ........................................... I� ........................................... B-5 1. Proposal.................................................................................................................. C-1 2. Bid Prices.................................................................................................................. C-2 3. Materials.................................................................................................................. C4 4. Subcontractors.................................................................................................................. C-5 5. Deposit of Security.................................................................................................................. C-6 6. Bonds.................................................................................................................. C-6 7. Withdrawal.................................................................................................................. C-6 8. Principals.................................................................................................................. C-6 9. License and Signature.................................................................................................................. C-7 10. Bidder's Qualifications.................................................................................................................. C-8 11. Contractor's Acknowledgement of Insurance Requirements......................................................... C-9 D. CONTRACT Article1. GENERAL................................................................................................................... D-1 Section1. Scope of Work.................................................................................................................. D-1 Section2. Consideration................................................................................................................... D-1 Section3. Payments.................................................................. Section 4. Contract Documents........................................................... Section 5. Compliance with Provisions of Law .................................. Section 6. Costs and Attorney's Fees .................................................. Section7. Notices.................................................................. Section 8. Conflict with Plans and Specifications .............................. Section 9. Assignment.................................................................. Section 10. Paragraph Headings.......................................................... Section 11. Authority of City's Representative ................................... d Page Article 2. WAGES, HOURS AND WORKING CONDITIONS.................................................... D-3 Section 12. General Prevailing Wages and Livable Wages ................................................................. Section13. Hours of Work D-3 .................................................................................................................. Section14. Apprentices.................................................................................................................. D-3 Section15. Subcontractors D-3 .................................................................................................................. Section16. Discrimination D-3 .................................................................................................................. Section17. Safety................................................................... D-4 Section 18. Character of Workers ........................................................................................................ D-4 Article 3. INSURANCE, INDEMNIFICATIONS AND BONDS .................................................. D-4 Section 19. Insurance ..................................................................................................... Section 20. Indemnification ............. D-4 ................................................................................................................. Section 21. Workers' Compensation D-4 ....................................................................... ............................. Section 22. Labor and Material Bond D-5 .................................................................................................. Section23. Performance Bond D-5 ............................................................................................................. D-5 Article4. PERFORMANCE............................................................................................................. D-5 Section 24. Time for Completion ...................... ............................................................ ....................... D-5 Section25. Force Majeure.................................................................................................................. D-5 Section26. Utility Relocation.............................................................................................................. D-5 Section27. Public Convenience ........................................................................................................... Section28. Excavations D-5 .................................................................................................................. Section29. Extra Work D-6 .................................................................................................................. Section30. Clean-Up.................................................................................................................. D-6 Section31. Equipment.................................................................................................................. D-6 Section 32. Permits and Licenses D-7 ...................................:..................................................................... Section 33. Land and Rights of Way....................................................:................. D-7 ............................ Section 34. Plans and Drawings........................................................................................................... . D-7 Section 35. Shop Drawings Submitted by the Contractor.................................................................... D-8 D-8 Section 36. Supervision by the Contractor........................................................................................... D-8 Section 37. Inspection of Work ..............................:................................ ............................................. D-9 Section 38. Correction of Defective and/or Unauthorized Work ........................................................ D-9 Section 39. Errors or Discrepancies Noted by Contractor ................................................................... Section40. Equipment (Tools)........................................................................................................... D-9 D-9 Article5. MISCELLANEOUS .................... ..............: ............................................. .....D-10 Section41. Damages for Delay............................................................................................................ D 10 Section42. Guarantee .......................................................................................6.......................... Section 43. Risk of Loss Prior to Final Acceptance............................................................................. D-10 D-10 Section44. Termination .................................................................................................................. Section 45. Standard Specifications D I1 ..................................................................................................... D-12 R Pape E. BOND FORMS AND INSURANCE REOUIREMENTS............................... :................................ E-1 Workers' Compensation Certificate............................................................. ........................................ E-2 PerformanceBond.......................................................... ...................................................... E-3 Laborand Material Bond................................................................................................................E-5 InsuranceSchedule . .................. ............................................................................................. E-7 DocumentationRequired...................................................... .......................................................... E-7 Proof of Insurance, Approval as to Form..............................................................................................E-8 Sample Irrevocable Letter of Credit......................................................................................................E-9 F. SPECIAL PROVISIONS................................................................................................................F-1 I. GENERAL...............................................................................................................F-1 Standard Specifications................................................................ Examination of the Site........................................................... Mobilization......................................................... Construction Schedule ................................... I....................... Construction Hours........................................................:.. Construction Activities Coordination .......................................... Equipment Submittal and Lead Time ............................................. Equipment Storage Areas.......................................................... Public Convenience........................................................... Private or Public Property Damage ................................................. Cleaning of the Site During Construction ....................................... Permits........................................................... Best Management Practices(BMPs)............................................... LumpSum Prices........................................................... II. REMOVAL AND SALVAGE OF EXISTING CHILLER III. FURNISHING AND INSTALLING A NEW CHILLER., .................................................. 1 -L .................................................. F-2 .................................................. F-2 ................................ I ................. F-3 .................................................. F-3 ..................................... F-3 ......F-3 10 NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the City of Vernon, (hereinafter "City") invites and will receive sealed proposals (bids) up to the hour of two (2) o'clock p.m. on Wednesday, December 5, 2012 (according to the clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. CS-0338, City Hall Building Chiller Replacement. Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, the bids will be opened in public and announced at the offices of the City. Bids shall conform to and be responsive to the requirements for Contract No. CS-0338 and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies of Contract No. CS-0338 are on file and may be examined in the office of the City located at: 2012. CommunityServices & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office. Dated at the office of the City Clerk of the City of Vernon, this day of DANA REED, ACTING CITY CLERK of the City of Vernon, California - A-1 - B. INFORMATION FOR BIDDERS 1. General The work hereunder must be done in strict conformity with the plans and specifications adopted and approved by the City for Contract No. CS-0338. 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice Inviting Sealed Proposals (Bids) Information for Bidders Bid Form Proposal Bid Bond Contract Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special Provisions Detailed Plans and Specifications Standard Specifications and Drawings (b) All terms and conditions contained in the Contract Documents shall become a part of the Contract entered into between the successful bidder and the City. The City Council of the City reserves the right to reject any and all bids, and to waive any and all irregularities in any bids. 3. License A bid submitted by a Contractor who is not licensed in accordance with the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California will not be considered for award. 4. Proposals (a) Bids must be made in accordance with the following instructions: (1) Bids shall be made on the Bid Form Proposal furnished by the City as a part of Contract No. CS-0338. All bids shall be properly executed with the signatures of all signatories written in longhand. All blank items shall be filled in. Numbers shall be spelled out and written in Arabic figures. If the words and Arabic figures are different, the words shall be used and the Arabic figures disregarded. Erasures, interlineations or other corrections shall be authenticated by affixing next to the mark or correction, or in the margin immediately adjacent thereto, the initials of the signatory(ies) to the bid. If the unit price and the total amount set forth by a bidder, for any item, are not in the Bid Form Proposal, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. (2) Bidders must submit bids on all of the schedules set forth in the Bid Form Proposal. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as specified. Oral, telegraphic and/or telephonic proposals or modifications will not be considered. (4) Bids shall be accompanied by a cashier's check, a certified check, or bidder's bond in an amount equal to 10% of the bid, made payable to or for the benefit of (as the case may be) the City of Vernon. Said check or bond shall be given as a guarantee that the bidder will enter into Contract No. - B-1 - CS-0338 if awarded the work. The check of the bid bond may be forfeited to the City if the successful bidder: (1) refuses or fails to execute the Contract within fifteen (15) working days after receipt of written notice from the City that the Contract is ready for signature, or (2) refuses or fails to furnish the required Contract bond and/or proof of insurance coverage within thirty (30) working days after the City has provided written notice of award. If no bid is accepted by the City Council, or if the successful bidder executes and delivers the necessary Contract Documents to the City, then the City will return all checks and bonds received by it within ten (10) days after the execution of said Contract or within ten (10) days after being requested to do so by the unsuccessful bidder. (b) Before submitting a bid, bidders shall: read Contract No. CS-0338, especially the Special Provisions, and all other Contract Documents with care; visit the site of the work, and; be fully informed about all the existing conditions and limitations. The bidder should also be fully aware of the bond and insurance requirements as to the successful bidder. The bid shall specify the amounts to cover the cost of all items included in Contract No. CS-0338. No allowance will be made because a bidder failed to examine the Contract Documents or obtain the requisite knowledge about the project prior to submitting its bid. (c) Bids shall be sealed in an envelope marked: Contract No. CS-0338, City Hall Building Chiller Replacement Bids shall be addressed to the City Clerk of the City and shall bear the name of the bidder. Bids shall be delivered to the City Clerk on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids). It is the SOLE responsibility of the bidder to see that the bid is delivered and received before the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time shall be returned to the bidder unopened. (d) The City shall have a period of sixty (60) days after the opening of the bids within which to accept or reject any or all of the bids. 5. Contract and Bonds (a) The form of Contract that the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be examined by the bidder with care. The Contract, bonds and other documents to be executed by the Contractor shall be executed in original triplicate stamped according to law. One original shall be filed with the City and the others with the appropriate City departments. (b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured from a surety company that the City finds acceptable. The surety's name must be on file with the County Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially sound surety company, authorized to transact business in this state. The bonds shall meet all of the requirements and contain all of the conditions specified in Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. (c) If the successful bidder fails to execute the Contract, file the required bonds, and/or file proof of insurance coverage as required by the Contract Documents, the award of the Contract may be annulled by the City and the bid bond forfeited. 6. Addenda Any addenda issued before the time in which to submit bids expires, and included as a part of the Contract Documents furnished to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the Contract. 7. Withdrawal of Bid Any bidder may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids (but not after). 8. Award or Rejection of Bids The Contract will be awarded to the lowest responsible bidder complying with these instructions and with the Notice Inviting Sealed Proposals (Bids) based upon the Grand Total amount of the bid. The City, however, reserves the right to reject any and all bids or to waive any irregularities in bids received. If, in the judgment of the City, a bid contains prices for the various items within the bid that appear to be unrealistically low, or if the bidder is not considered responsible, the bid may be rejected. 9. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are permitted. A person, firm or corporation that has submitted a subproposal to a bidder or quoted prices on material to a bidder, may submit a subproposal or quote prices to other bidders. 10. Insurance and Financial Requirements (a) Before entering into the Contract, the successful bidder shall furnish evidence that workers' compensation insurance, public liability, property damage insurance, and all other insurance specified in the insurance schedule set forth at pages E-7 and E-8 have been procured. The insurer must be an insurance company admitted in and authorized to do business in California and maintain a rating that is acceptable to the City. The insurance procured must be maintained in full force and effect for the entire duration of the Contract. (b) Before the Contract is awarded, any bidder upon request shall furnish a recent statement of said bidder's financial condition and previous construction experience or such other evidence of the bidder's qualifications, as may be required by the City. If not previously provided to the City, the successful bidder shall fumish a recent statement of its financial condition and previous construction experience or such other evidence of its qualifications before entering into the Contract. 11. Preliminary Estimate The preliminary estimate of quantities of work to be done and material to be furnished, as shown in the Contract Documents, are approximations and are given as a basis for the comparison of bids. The City does not expressly, or by implication, agrees that the actual amount of work will correspond with the preliminary estimates. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work, as it deems necessary or expedient. The successful bidder shall not at any time after the submission of the bid have any claim for damages as a result of lowering of anticipated profits or the loss of profits because of any difference between the quantities of work actually done and those stated in its bidding sheets. Each bid item should be priced to carry its pro-rata share of the costs, overhead and profit. Bidders are cautioned against unbalancing their bid by including more than a pro-rata share of overhead and profit in any bid item. B-3 - 12. Deductive Items Attention should be paid to Deductive Bid Items. These items have been listed in the Bid Price section of the Bid Form Proposal. All items will be totaled and included in the comparison of bids made by the City. The City has the option of deducting the Deductive Bid Items from the total bid price prior to awarding the Contract. 13. Mandatory Tour of the Site A mandatory tour of the site of the proposed work has been set for Monday, November 26, 2012. The mandatory tour will start at the office of the Community Services & Water Department, City Hall, 4305 Santa Fe Avenue Vernon, California at: 9:00 a.m. 14. Project Description Contract No. CS-0338 involves the chiller replacement at the City Hall building in the City of Vernon, State of California. The chiller replacement at the City Hall building shall consist of removal and salvage/disposal of existing chiller, and furnish and install a new chiller according to the City special provisions. The salvage of existing chiller shall be reflected in the cost of bid. 15. Project Map Z LJ m LLJ g �OD lal M Of M W OI N 0 J U N = O N U Z , Z U }}N .7. Z m 0 J U J 2 U , / i/ rv6 w � L31tlNtlN F GN F tlAY3NIN mn zG� �1 � SSOL rc 0 MH A3NMO0 S '1 'N 3NN3Atl tl oltl zz a � i nN3A OS o 3fIN3Atl 3uOB 5 � a 0105 133tl1S OlOS 3ON Atl 31 s 'we OulOtld z i a � N 3NN3Atl 3d VD&S w � � 0 - B-5 - F (n U W O a C. BID FORM PROPOSAL TO THE CITY OF VERNON CALIFORNIA 1. Proposal WORK TO BE PERFORMED: City Hall Building Chiller Replacement -Contract No. r 0 38 Name of Bidder: Complete Thermal Services Inc Business Address: 11570 Seaboard Circle Stanton CA 90680 Phone Number: 714-891-2265 The site of the work to be performed and referred to herein is in the County of Los Angeles, California. The work to be performed will be in accordance with the specifications and Contract Documents of Contract No. CS-0338. TO THE CITY COUNCIL OF THE CITY OF VERNON: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and other documents relating thereto, the undersigned bidder, having become familiar with the terms of the Contract, and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform the Contract within 75 calendar days (Lead time for a new chiller shall be included) after issuance of a "Notice to Proceed" or commencement of work, whichever occurs first, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, material, tools, expendable equipment, and all utility and transportation services necessary in order to perform the Contract and complete in a workmanlike manner all of the work required as specified in Contract No. CS-0338, all in strict conformity with the plans and specifications and other Contract Documents, including Addenda N um ber _ and _ file in the office of the City Clerk. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein, and that this proposal is made without collusion with any person, firm or corporation. The bidder proposes and agrees that if this proposal is accepted, the bidder will execute a Contract with the City that is in substantially the same form as the Contract set forth in the Contract Documents. C-1- 2. Bid Prices The undersigned, as bidder, agrees that the bidder will accept in full payment thereof the following lump sum prices, to wit: Perform all the work as specified herein and shown in the Special Provisions of the City Hall Building Chiller Replacement, Contract No. CS-0338. The total bid price amount includes furnishing all labor, materials, equipment, mobilization, removal and salvage/disposal of all equipment and apparatus, permits, fees, overhead, profit and taxes associated with the Contract No. CS-0338 with all of the work complete in place and in working order per contract specifications. Item No. 1 Disconnect, remove, salvage and or dispose of the existing chiller and associated apparatus located on the City Hall building roof (any salvage value of the existing chiller shall be reflected in this bid item no. 1), complete in place, approximately I lump sum at: Item No.2 Three Thousand One Hundred Sixty -Six and 00/100 lump sum (words) 3 166 00 lump sum (figures) $ 3,166.00 (figures) Furnish and install a new Trane 80-ton nominal air cooled packaged chiller unit, associated apparatus and required connections on the City Hall building roof per Contract Specifications, complete in place and in working order, approximately 1 lump sum at: Seventy Thousand Eighty -Nine and 00/100 lump sum (words) $70 089 00 lump sum (figures) $ 70,089.00 (figures) Furnish atotal of five (5)year manufacturers extended warranty on the four compressors and the chiller unit, approximately 1 lump sum at: Two Thousand and 00/100 lump sum (words) e2 000 00 lump sum (figures) $ 2,000 00 (figures) C-2 Grand Total, Item Nos. 1 through 3 inclusive: Seventy -Five Thousand Two Hundred Fifty -Five and 00/100 (words) T75 255 00 (figures) C-3 3. Materials The name and address of the manufacturer for each type of material upon which this proposal is based is as follows: Trane — 800 E. Bealy St Davidson NC 28016 McDonnell Miller — ITT Controls P.O. Box 422 NLr3770 AK Barneveld Gelderland The Netherlands Owens Corning — I Owens Corning Parkway Toledo OH 43659 Anvil — 2 Holland Way, Exeter NH 03833 Smith Cooper — 2867 Vail Ave. Commerce CA 90040 Republic Conduit— 7301 Logistics Drive, Louisville, KY 40258 Encore Wire Corp. — 1329 Millwood Road, McKinney, TX 75069 Eaton Cutler Hammer — 2050 Westport Center Dr., St. Louis, MO 63146 USK Forged — B-410 New Friends Colony, New Delhi 110 025, India Hyundai — 1400 Broadfield Blvd., Houston, TX 77084 Steel City Kindorf— 8155 T&B Blvd., Memphis, TN 38125 C-4 4. Subcontractors The bidder as general contractor hereby identifies the subcontractors on the job for each particular trade or subdivision of the work with each firm name and principal location of the mill, shop or office when the value of the work, labor or service performed is in excess of one-half of one percent of the total bid. The bidder agrees that there shall be no substitution of subcontracting except upon compliance with the "Subletting and Subcontractors Fair Practices Act" (Public Contract Code Sections 4100, et M.). (Instruction: List only one subcontractor for each such portion.) DIVISION OF WORK OR NAME OF FIRM OR PRINCIPAL LOCATION TRADE CORPORATION Pipefitting and Welding Quinn Construction Bellflower. CA Electrical D B Electric Canoga Park, CA Crane Service Crainco Whittier, CA Scrap and Salvage Service Fred and Sons Montebello, CA C-5 5. Deposit of Security ACCOMPANYING THIS PROPOSAL is Bidder's Bond (insert the words "Cashier's Check", "Certified Check", or "Bidder's Bond") in an amount equal to five percent (5%) of the total of the bid, payable to or for the benefit of the City (as the case may be). The undersigned deposits the required security as a bid proposal guarantee and agrees that it shall be forfeited to the City as liquidated damages in case this bid proposal is accepted by the City, and the undersigned fails to execute the Contract. 6. Bonds The undersigned agrees to provide the City with a Performance Bond and Labor and Material Bond in the form set forth in the Contract Documents within seven (7) working days after the date of mailing of the acceptance. The surety will be one that the City finds acceptable. Withdrawal The bidder acknowledges that it may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids. Once the bids are opened, the bidder agrees that its bid will not be withdrawn for a period of sixty (60) days after the time set for the opening thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: Clements C-6 9. License and Signature Theundersigned is licensed in accordance with California Business and Professions Code, License No. 805151 Name of bidder: Complete Thermal Services Inc 11570 Seaboard Circle Stanton CA 9061 Signature of bidder: Title: _President/Secretary. V.P./Treasurer Dated: December 4 2012 NOTE: The complete and proper legal name of the bidder shall be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. C-7 10. Bidder's Qualifications The Bidder must have aminimum offive (5)years of experience as an ongoing business enterprise in the specific type of work indicated in the proposal. The following contracts which show experience inwork of similar scope to that covered in the proposal and which have been satisfactorily completed inthe past five (5) years are: CONTRACT YEAR NAME OF FIRM AND ENGINEER LOCATION AMOUNT 2011 Toyota Sports Center / Brad Sholl El Segundo, CA $326,687.00 2008 Westfield Shopping Town / Karen Cohen Sherman Oaks, CA $92,885.00 2012 Arden Realty / Daniel Walker Orange, CA $41,850.00 2011 Jon Donaire Desserts / Randy Noland Santa Fe Springs, CA $171,101,00 2007 Simply Fresh Fruit / Jack Potter Vernon, CA $53,960.00 2011 RP Constructors / John Basso Downey, CA $192,916.00 2010 Jon Donaire Desserts / Dick Paschke Santa Fe Springs, CA $64,541.00 The Bidder, as a contractor, has never failed to satisfactorily complete an awarded as follows: contract, except None Ideclare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed Stanton CA on this 4th day of December 2012 Name: William L. Clements to 11. Contractor's Acknowledeement of Insurance Reauirements. The Contractor acknowledges that the Insurance Schedule contained in section "E" has been reviewed, that a copy thereof has been submitted to an authorized insurance agent or broker, and that the proof of insurance required therein will be submitted within thirty (30) days after notification of the acceptance of the Contractor's bid. The Contractor understands that the Contract will not be executed by the City until all proof of insurance have been received and approved as to form by the City Attorney. The Contractor agrees that failure to submit the required proof of insurance within said thirty (30) days shall constitute grounds at the City's discretion for awarding the Contract to the next lowest bidder and for forfeiting the Contractor's bid bond. Date: Dec. 4, 2012 Contractor Name: Complete ]j Thermal Services, Inc Signature: Title: President C-9 12/05/12 09: 35AM 5624964317 _ P.01 C15A 12/5/2012 11:10:00 AM PAGE 1/001 Fax Server OD1 Western Surety Company BID BOND (Percentage) Bond Number: 71 "s3 795 KNOW ALL PERSONS BY THESE PRESENTS, That we of 11570 Seaboard Ci,rcl.e, Stan Con, CA 93680 ,hereinafter referred to as the Principal, and W stern_s,lrety Cnn' any as Surety, are held and firmly bound unto city of Vernon of 4305 Santa 'e Avenue, Vernon, C.A 90058 hereinafter referred to as the Obligee, In the sum ofFi V e ( - %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Ch,illar Reol.acemant _- 4305 Santa Fe, city nif Vernon, CA 97058 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 5 t h day of December 2012 Com LeC=. T.Ierinal re._vices, Inc. (Principal)BY C.L CLIP aC._ C'- - tde�s t'::•.rn .C,�reC• is om >:.vn MAIIRF:RN 31AF.TT.A PMSHRR Attorney -in -Fact Farm F5076 Received Time Dec. 5. 2012 10:39AM No, 0155 ❑ acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFOR.NTA 88 COUNTY OF-_ �Lco,,(s Angeles "hem On �r�� _ — I .._. before m e, invert name and title of the officer ptrsuually appeared—- MAUP2EN SHEILA MOSHER namr.(s")nf eignero) ._. Who proved to me on the basis of satisfactory evidence to be tho person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/slre/they executed the same in his/her/their authorized capacitv(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the permn(s) acted, oxecuted the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c,orm t, WITNES ny hand and official seal. Signature (The balance of this page is Intentionally left blank.) Western Surety Company POWER Or ATTORNEY - CERTIFIED COPY Bond No. 71353795 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and laving its principal oliwo in Sioux Falls, South Dakota (the "Company"), does by th000 presents make: constitute and appoint MAUREEN _..u_ X1jA HQ$E1U._. its true and lawful attorney(s)-in•£act, Kith fill power and authority hereby conferred, to execute, acknowledge and deliver for and onitt behalf as Surety, bonds for: Principal: Camplett- ^he.rmal Services, Inc.. Obligee: City of Vernon Amason; $500,000.00 and to bind the Company thereby as frilly and to the. same extent as if such bunch were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratiPong and confii-ming all that the said atmmey(s)-iu-fact may do within the above stated limitations. Said appointment is made under curd by authority of the following bylaw of Western Surety Company which remains in frill force and effect. "Section 1. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall bo oxcouted in the corporate name of the Coarpatky by the President, Secretary, euoy Assistant Secretary, Treasurer, or any Vice President or by such other offioors as the Board of Directors may authorize. The President•, soy Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Pact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signataere of any such olrirer andthe corporate seal may he print.e.diby facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight, of _ __ t11a rch 5 201 3 , but until such time shall be irrevocable and in full force iced effect. In Witness Whereof Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brutlat, and its corporate r hjgtj xedthis Sth day of__....n cvrrit-c 201.2 . .r .....- `4; a n - WEST R SURE COMPANY , r Alta€: _ tom_ : i •e Paul T. ru[IaL, Vice President eTi�.'•. t�lh&Q�1i•d'1'A COUNt 4 On this StPr day of DecetrLer iu Lhe yew ' __ __4 S11= , before me, a uuLacy public, pet•smally appeared Paul T. Bruilet, who being to ene duly sworn, acknowledged that lie signed the above Power. of Attorney as the aforesaid officer of WTSTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and die (said co at on. ♦ir4hMWWiveM�K�r\NAM♦ S. PETRIK �F L HUTARY PUBLIC otary Public - 9uuth Dakota SoUTH DM(OrA �4•wMi�•.1r444\1,4�\•4h�Y � My Commission Expires August 11, 2016 I the undersigned officer of Western Surety -Company, a Awk corporation of the SLute of South Dnl<ota, do hcrnhy certify chat the attached Pnwer of Attorney, is in full force and effect and is irrevocable., and furthermore, that Seeien 1 of the bylaws of the Company as set. fnrt.h in the Pnwer of Attorney iv now in fine - In Lestirnouy whereof, I have hereunto set sty hand and seal of Western Surety Company this ti t.h day of Decenioer �C712.,.__, «'EST R SURE COMPANY r� D. CONTRACT THIS CONTRACT FOR, City Hall Building Chiller Replacement Contract No CS-0338 is made, entered into, and executed in triplicate in the City of Vernon, California, as of the _day of , 2012. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred/to as "City" AND COwvrz e TA2Y cis/ Ulz �5 zUc . //�7o S oaici C1r C'_ referred to as "Contractor". IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Article 1. GENERAL Section 1. Scope of Work The Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by reference. Section 2. Consideration The City shall pay the Contractor for the performance of the work hereunder in accordance with the amounts set forth in Bid Form Proposal attached hereto and hereby incorporated by reference and in an amount not to exceed $ 7!Z 2 55-, 00 Section 3. Payments (a) Monthly Progress Payments On or about the 25th day of each month, the Contractor shall submit to the City an application for its monthly progress payment. The application shall contain an estimate of the amount and value of all the work performed by the Contractor since the date of its last progress payment application. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. The City shall pay the Contractor, the amount of the approved monthly progress payment, less 5% retention. The monthly progress payment may also be reduced by the following: (1) amounts due to the City for equipment; services or materials furnished by the City in connection with work done on the project; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. Payment shall be made within thirty (30) working days of City's approval of the Contractor's monthly progress payment application. No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude the City from demanding and recovering from the Contractor such damages as may be sustained by reason of the Contractor's failure to fully perform under the Contract. (b) Final Progress Payment (. Upon satisfactory completion of the work described herein, the Contractor shall furnish the City with a complete and final accounting of all labor, materials, and other costs. The City shall pay the Contractor according to the payment terms set forth in Section 3(a). - D-1 - (c) Payment of the Retention Payment of the retention shall be made thirty-five (35) working days after the recordation of a Notice of Completion by the City or if a Notice of Completion is not recorded sixty-five (65) working days after acceptance of the completed project. The acceptance will be made only by an action of the City Council of the City. Acceptance of payment of the retention by the Contractor shall constitute a waiver of all claims against the City arising under this Contract. Section4. Contract Documents The complete Contract includes the Contract Documents set forth herein, including: (1) Notice Inviting Sealed Proposal (Bids), (2) Information for Bidders, (3) Bid Form Proposal, (4) Contract, (5) Performance Bond, Labor and Material Bond, Proof of Insurance, Workers' Compensation Certificate, (6) the Special Provisions, (7) detailed Plans and Specifications, (8) Standard Specifications and Drawings, and (9) any addenda. Section 5. Compliance with Provisions of Law The Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating to its performance under the Contract. Section 6. Costs and Attorney's Fees In any action or proceeding brought to enforce the provisions of this Contract, the court shall award reasonable costs and expenses, including reasonable attorney's fees, to the prevailing party. Section 7. Notices Any notice required or permitted hereunder shall be given by personal delivery or by first class mail, postage prepaid, To: Contractor �� 'V'Jt�C c�J1GES, ..�i�.�• To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this Contract shall be brought to the attention of the City's Representative for resolution. Section 9. Assignment The Contractor shall not assign the Contract or the payments due under the Contract. Section 10. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of the Contract. Section 11. Authority of the City's Representative The City's Representative shall decide all questions which may arise regarding the quality and/or acceptability of materials furnished, the manner and/or acceptance of the Contractor's performance, the rate of progress, and the interpretation of the plans and specifications. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing and Livable Wages The Contractor agrees that it, or any subcontractor working under it, will not pay less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the established prevailing rates of wages at the job site. For each working day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $50.00. In addition employers shall pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Employers shall provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity and an additional ten days a year of uncompensated time for sick leave. There is hereby a prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the services contract of violating employers. Section 13. Hours of Work (a) The time of service of any worker employed on the Contract is limited to eight hours during a working day and forty hours during a calendar week. If an employee works in excess of the foregoing hours, the employee will be compensated at a rate of one and one-half times their basic rate of pay. (b) The Contractor shall keep and make available until ninety (90) working days after completion of this Contract Agreement an accurate record showing the name of and actual hours worked each working day and each calendar week by each worker employed by him on the work hereunder. (c) The Contractor shall, as a penalty, forfeit to the City $50.00 for each worker employed on the work by the Contractor or by any subcontractor for each working day during which such worker is required or permitted to work more than eight hours a working day or forty hours in one calendar week. Section 14. Apnrentices The Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. Section 15. Subcontractors (a) The Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100, et s D-3 - (b) The Contractor shall submit to the City the following information: (1) The name and location of the place of business of each subcontractor who will perform work or labor or render services to the Contractor hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Contractor's total bid. (2) The portion of the work to be done by each subcontractor identified in Section 15(b)(1). (c) The Contractor shall list only one subcontractor for each portion of work as defined by the Contractor in its bid. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person in its employment because of the person's race, religion, creed, color, age, national origin, ancestry or sex. In addition, the Contractor shall not refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. Section 17. Safety The Contractor and all subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the U.S. Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workers .Only competent workers shall be employed to work on the Contract. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be re -hired to perform work on the contract. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance The Contractor shall provide the City with proof of insurance naming the City, its consultants and each of its directors, officers, agents, and employees as additional -named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule contained herein. Said coverage is not required for the active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Section 2782(b) of the California Civil Code. The proof of insurance shall also provide that said policy or policies are not to be canceled or materially reduced without giving the City at least 30 days written notice. Section 20. Indemnification The Contractor shall indemnify, protect, defend, and hold harmless the City, its consultants and each of its directors, officers, agents, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense arising, directly or indirectly, - D-4 - in whole or in part, out of the services performed under this Contract, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents, or employees. Section 21. Workers' Compensation The Contractor shall secure payment of compensation to Contractor's employees pursuant to Labor Code Section 3700, and shall obtain employers' liability insurance as set forth in the Insurance Schedule. Prior to commencing work hereunder, the Contractor shall submit to the City the Workers' Compensation Certificate or an executed certificate of workers' compensation insurance as provided herein. Such insurance shall include a waiver of subrogation endorsement naming the City, and its consultants, and each of its directors, officers, agents, and employees. Section 22. Labor and Material Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Section 23. Performance Bond The Contractor shall execute and deliver to the city for its approval and acceptance a Performance Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform under this Contract. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Article 4. PERFORMANCE Section 24. Time for Completion The work shall be completed in the number of calendar days specified in the Bid Form Proposal. Section 25. Force Madeure Neither Party shall be considered to be in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 26. Utility Relocation Section 26 is not applicable to this project. Section 27. Public Convenience (a) The Contractor's operation shall not unnecessarily cause any public and city staff inconvenience. The access rights of the public shall be considered at all times. - D-5 - Section 28. Excavations Section 28 is not applicable to this project. Section 29. Extra Work (a) The City may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished hereunder. No extra work shall be performed or change or addition made without a written order from the City. The written order shall state that the extra work, change or addition is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which payment is to be made. Nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the City, furnish an itemized breakdown of the quantities and prices used in computing the amount of any change or addition that might be ordered. The adjustment, if any, in the amount to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one of the following methods: (1) A lump sum or unit prices proposal from the Contractor. (3) By proceeding with the work and furnishing daily reports of extra work by the close of the next working day. Failure to submit the daily report in a timely manner may waive the Contractor's right to compensation for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City's Engineer or his designee. The daily report shall itemize the costs for labor, materials, and equipment rental. Reported labor costs shall include the names and classifications of the workers, the hours worked, and the rates of pay. Reported equipment costs shall include the type of equipment used, the identification number, the hours of operation, and hourly rate. All records and reports shall be made immediately available to the City's Representative. (b) Mat'kuk This section shall modify and replace "Section 3-3.2.3, Markup" of the Standard Specifications for Public Works Construction. (1) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor ......................20% b) Materials ......................15% c) Equipment Rental .....................15% d) Other Items and Expenditures ............15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (2) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in (1) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the contractor. Section 30. Clean Up Upon completion of the work, the Contractor shall remove all debris and surplus materials from the work site. - D-6 - Section 31. Equipment (a) New Equipment Unless otherwise specified, shown, or permitted by the City all equipment incorporated in the work shall be new and of current manufacture. The City may request that the Contractor furnish manufacturer's certificates indicating the quality of the equipment. No equipment shall be installed until approved by the City's Representative. (b) Inspection of Equipment All equipment furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event that such inspection and testing reveals equipment that does not comply with the Contract documents, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. (c) Defective Equipment The inspection under Section 31(b) shall not relieve the Contractor of any of its obligations under the Contract. Even though equipment required to be provided has been inspected, accepted, and included in a monthly pay application, the Contractor shall, at Contractor's expense, replace or repair any such equipment found to be defective or otherwise non -compliant with the Contract documents up through the guarantee period in Section 42. (d) Storage of Equipment All equipment for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, from admixture of foreign materials or from any other cause. The Contractor shall be solely responsible for damage or loss of equipment caused by exposure, weather or other causes. Section 32. Permits and Licenses (a) The Contractor shall apply for and procure all permits and licenses necessary for the work except: Building Permits from City of Vernon. (b) The Contractor shall provide all notices necessary and incidental to the lawful prosecution of the work and shall comply with the terms and conditions of all permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all permits and licenses except those required by the following: Building Permits from City of Vernon. Section 33. Land and Rights of Way Section 33 is not applicable to this project. - D-7 - Section 34. Plans and Drawings (a) The approved plans may be supplemented by working drawings as are necessary to monitor the work. All drawings shall be consistent with the Contract Documents. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish the Contractor with copies of all drawings and specifications reasonably necessary for the execution of the work, at no charge. The Contractor shall keep one set of drawings and specifications in good order at the job site and make them available to the City's Representative and to the Contractor's Representatives. (c) - The drawings and/or plans will show conditions as the City believes them to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City that such conditions are existent. The City shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the drawings and/or plans and the actual conditions revealed during the progress of the work, or otherwise. Section 35. Shop Drawings Submitted by the Contractor (a) No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City and returned to the Contractor with a notation that the City has completed its review of the shop drawing. Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the material or work. (b) The Contractor shall review, approve, and submit for review by the City's Representative shop drawings for material and equipment to be incorporated into the work. Four copies of shop drawings shall be submitted to the City with a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and the names of suppliers, manufacturers, and subcontractors, if any. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in progress of the work. (c) Shop drawings shall be complete. If the shop drawings show any deviation from the requirements of the plans and specification because of standard shop practices or other reasons, the deviations and the reasons therefore shall be set forth in the letter of transmittal. (d) By approving and submitting shop drawings, the Contractor represents that material, equipment and other work shown thereon conforms to the plans and specifications except for any deviation identified in the letter of transmittal. (e) Within ten (10) calendar days after receipt of the shop drawings, the City will return two prints of the drawings to the Contractor along with its comments. The Contractor shall resubmit corrected drawings, if the City has so requested. Resubmitted shop drawings shall be processed in the same manner as the original submittals. The Contractor's letter of transmittal accompanying its resubmitted shop drawings shall highlight the revisions requested by the City. (f) The City's Representative will review the shop drawings only for general conformance with the design concept of the project and general compliance with the plans and specifications. The City's review of the shop drawings shall not be construed as relieving the Contractor of its responsibilities under the Contract, including but not limited to: (1) providing material and equipment; (2) ensuring the proper fitting and construction of the pipeline; (3) submitting accurate and complete shop drawings; (4) selecting proper fabrication processes and techniques; and (5) performing the work in a safe manner. Section 36. Supervision by the Contractor The Contractor shall have a designated representative or alternative representative present at the - D-8 - worksite whenever work is in progress. The Contractor's designated representative or alternate representative shall have authority to act for the Contractor. Before starting the work, the Contractor shall inform the City, in writing, of the name of its designated representative. An alternate representative may also be designated. Any communication between the City and the Contractor's Representative shall be deemed as a communication to the Contractor. If the Contractor fails to have a designated representative present at the worksite; the City's Representative may give necessary direction or instruction to the superintendent or foreman having charge of the specific work to which the direction or instruction applies. The superintendent or foreman shall comply with the direction or instruction promptly and shall relay the City's communication to the Contractor or its designated representative. Section 37. Inspection of Work (a) The City shall have access to the worksite at all times to review and/or inspect the progress of the work, the workmanship and the material being used. (b) Whenever the Contractor changes its hours of operation, notice shall be approved by the City's Representative one week prior to institution of the change. Any work done in the absence of the City's Representative may be subject to rejection, at the City's discretion. (c) Inspection of the work by the City's Representative shall not relieve the Contractor of the obligation to fulfill the Contract. Defective work shall be corrected, notwithstanding the fact that the City's Representative may have previously accepted the defective work. Section 38. Correction of Defective and/or Unauthorized Work (a) All work that has been rejected shall be corrected, or removed and replaced by the Contractor, at the City's direction. Any remedial work will be done in a manner acceptable to the City. The Contractor shall pay the remediation and/or removal and replacement costs. The Contractor must obtain written authorization to perform extra or unauthorized work prior to undertaking such work. The Contractor will not be compensated for any unauthorized work. In addition, the City may order the Contractor to remove, at the Contractor's expense, any extra or unauthorized work. (b) The Contractor must comply promptly with any order made by the City under the provisions of this article. If the Contractor fails to comply with the City's orders, the City may in its discretion cause defective work to be corrected by its own forces or by another contractor. The amount that the City paid to correct the defective work will be deducted from any monies due or to become due to the Contractor. Section 39. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the contract, especially the plans, and specifications, or between any of them and the physical conditions at the worksite, or finds any error or omission in any of the plans, and specification's, or in any survey, the Contractor shall promptly notify the City in writing of such discrepancy, error, or omission. If the Contractor observes that any plans, specifications, or drawings are at variance with any applicable law, ordinance, regulation, order or decree, Contractor shall promptly notify the City in writing of such deviation or conflict. (b) The City, upon receipt of such notice, shall promptly investigate the circumstances and give appropriate instruction to the Contractor consistent with Section 29. Until such instruction is given by the City Engineer, any work done by the Contractor, either directly or indirectly after its discovery of such error, discrepancy, omission, deviation or conflict, will be at the Contractor's own risk. The Contractor shall bear all costs arising from any work that incorporates such error, discrepancy, omission, deviation or conflict. Section 40. Equipment (Tools) The Contractor shall furnish equipment/tools and facilities to perform the work to the industry D 9 standard in accordance with the specifications. Such equipment and facilities must be in a good state of repair, be maintained in such state during the progress of the work, and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment/tools shall be used, and in no case shall the manufacturer's rating of capacity for any equipment/tools be exceeded. Article 5. MISCELLANEOUS Section 41. Damages for Delay (a) The Contractor acknowledges the City's desire that the project be completed on or before the date specified in the Contract. The Contractor also acknowledges that if its work is not completed on or before said date, the City will incur 'substantial damages that cannot be ascertained at this time. Accordingly, the Contractor shall pay to the City any and all damages caused by the Contractor's delay in completing the work under the Contract. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the City will suffer damage, that it will be impractical and unfeasible to determine the amount of actual damage. Therefore, the Contractor will pay the City, as fixed and liquidated damages and not as a penalty, the sum of $1,500.00, for each and every working day of delay, and that the Contractor and its Surety will be liable for the amount thereof. The Contractor, however, will not be charged liquidated damages because of any delays in the completion of the work due to Force Majeure or acts of the City, acts of another Contractor in the performance of a Contract with the City, and without the fault or negligence of the Contractor. (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City grants a further period of time prior to the date of final settlement of the Contract) notify the City in writing of the cause of delay. Upon notification of a delay, the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole discretion its findings justify such an extension. The City's findings shall be final and conclusive on the parties hereto. (d) The City shall have the right to extend the time for completion if it determines such extension to be in the City's best interest. If the City extends the time limit for completing the work by way of a change order at the request of the Contractor, and for other than Force Majeure, it is understood and agreed that such time extension will increase the City's expenses. These expenses include, but are not limited to, the costs associated with engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, the. Contractor acknowledges that the City shall be reimbursed for its expenses before the final payment of the ten percent (10%) retention is made. Section 42. Guarantee The Contractor guarantees all work against defective workmanship, and the equipment furnished, for a period of one year from the date the City accepts the work in accordance with Section 3(c). The Contractor shall repair and replace any and all such defective work, together with any other work which may be displaced in so doing, at no cost to the City. The Contractor is not responsible for the repair or replacement of equipment damaged through ordinary wear and tear, usual abuse, or neglect. The City may proceed to repair or replace defective work and/or equipment if the Contractor fails to do so within a week after Contractor's receipt of written notice from the City. The Contractor agrees to pay the costs and charges the City incurs in repairing and replacing defective work and/or equipment upon demand. Section 43. Risk of Loss Prior to Final Acceptance Except as set forth hereinabove relating to Force Majeure, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be borne by the Contractor regardless of the cause. The Contractor, at its sole cost, shall repair or replace such damaged or destroyed work to its prior undamaged condition before being entitled to additional progress payments, the final progress payment or payment of the retention. Such total or partial - D-10 - destruction or damage shall not excuse the Contractor from completion of the work in accordance with the provisions of this Contract. Section 44. Termination (a) Termination (Contractor's Default) (1) The Contractor will be in default if it does any of the following: (a) declares bankruptcy, becomes insolvent, or assigns its assets for the benefit of its creditors; (b) disregards or violates a material provision of the Contract or the City's instructions; (c) fails to prosecute the work according to the approved construction schedule; (d) fails to provide a qualified superintendent, representative, competent workers, or subcontractors; and/or (e) fails to provide materials or equipment that meets the requirements of the plans, specifications, and drawings. The City, will notify the Contractor in writing of such default. Upon receipt of written notice of default, the Contractor shall, at Contractor's expense, preserve at the project site, all construction materials and equipment, and shall undertake immediate steps to remedy such default. (2) If the Contractor fails to remedy such default within ten (10) working days after receipt of written notice. of default, the City may, at its option, terminate the right to proceed with the work to which default has occurred or may terminate the Contract. Written notice will be provided to the Contractor, but not to the Contractor's sureties. Upon receipt of such written notice, the Contractor shall at its expense and for the work affected by any such termination: (i) Assist the City in making an inventory of all material and equipment located at the site, enroute to the site, in storage or manufacture away from the site, and/or on order from suppliers; Assign subcontracts, material and equipment supplier contracts, and equipment rental agreements to the City, as designated by the City; and (iii) Remove from the site all construction material and equipment listed in said inventory other than the material and equipment which are to be used by the City in completing the Contract. (3) The City shall have the right to complete the work to which the termination applies. The Contractor agrees that the City shall have the right, for such purpose and for as long as necessary, to designate in writing, take possession of and use any or all of the material, plant, tools, equipment, supplies and property furnished by the Contractor. (4) The cost of completing such work, together with reasonable costs for administering any contract for completion, will be charged to the Contractor. The City will deduct these costs from the sum due or the sum that may become due to the Contractor. If these costs exceed the sum which would have been payable under the Contract, then the Contractor and/or its sureties shall be liable for and, upon written notice from the City, shall promptly pay the excess amount to the City. The City shall not be required to retain the bidder with the lowest estimate for completion of the work. The City may make any expenditure that, in its sole judgment, best accomplish the completion of the project. If such costs are less than the balance that would have been due, the Contractor shall have no claim to the difference. The City may, however, decide to reimburse the Contractor or the Contractor's sureties for costs incurred for materials, tools, equipment, property, and labor which were used in performing the work and of which the City shall have received the benefit. In computing the costs, as it relates to equipment owned by the Contractor, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated. (b) Optional Termination of Contract by City (Contractor Not at Fault) City may terminate the Contract upon ten (10) days written notice to the Contractor, if it is found that - D-11 - reasons beyond the control of either the City or the Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City except for (1) the cost of the work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment at the site, in transit, or on definite commitment, as of the date the Contract is terminated, provided that such materials and equipment would be needed in the work and meet the requirements of the specifications. The cost of the work performed and the cost of materials and equipment, as mentioned above, shall be determined by the City in accordance with the procedure prescribed for malting of a final progress payment as described in Section 3. Section 45. Standard Specifications The "Standard Specifications for Public Works Construction" (SSPWC) 2012 Edition published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract, including the Special Provisions attached hereto, and then this Contract and the Special Provisions shall be deemed controlling. - D 12 - IN WITNESS WHEREOF the parties hereto have executed this Contract or caused it to be executed as of the day, month and year first above written. APPROVED r'I�(�I/ FORM: � ,j 12 / ti IM Nicholas 56orge Rodriguez, City Attorney CITY OF VERNON William J. D is, Mayor CONTRACTOR Name `il 1110-M4 l./2i29 /q/ Signature (t/(�-�.�^- Title )OeteS, Name oa^le- C o 4 Signature Title NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. - D-13 - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of O /W 70/ before me, personally appeared NZ, 6�&e,4 �Lp/iL /, awe,,, %3 , who proved to me on the basis of satisfactory evidence to be the persorowhose name s r subscribed to the withi strument and acknow�ed to me that j�e/,ehe he executed the same in jxs Jeer eir uthorized capacity ie , and that by }igher emir' ignaturesoon the instrument the person, or the entity upon behalf of which the perso s) acted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JUSTIN HUNNEWELL FISK COMM #1914831 In ui Notary PublloCellfomla ORANGE COUNTY Comm. Ex . DEC 2 2014 (Notary Sea[) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _Z_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le, he/she/*sy, is /ure ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -scat if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Vcmion CAPA v12.10.07 800-873-9865 www.NolaryC]asses.com E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order to demonstrate proof of insurance. E_1 - WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name il)jLi�ppu+� ��P�Jt) Signature �/r I ems- .7• Title Name Signal Title NOTE: The complete and proper legal name of the Contractor shall be set forth above._ If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the Contractor is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - 1 E_2 - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Onybefore me, 4xAg4&ZL k�,I-/1///G, A i(Ifore insert na ne anrtle of the officer)/ personally appeared%�GI/41 elif who proved to me on the basis of satisfactory evidence to b4c personewhose name scribed to the within ' strument and acknow ged to me thate%sbe/ he executed the same in �xts/h� eir uthorized capacity to , and that by l*1kfer the' signature(9 on the instrument the persor&or the entity upon behalf of which the perso s) cted, 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. 9i,6%2CNNEWEUSTINNULLFISK COMM #19148NNEWE WIT SS my and a d official seal. Notary PUGIIo-Calllomla ORANGE COUNTY My Comm. Exp. DEC 2 2014 Signature ofNo[a I (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT WO/ fS ( 0%<A' 1'4 (Title or de;ccc ppttiidnn of attac�hheej-d�document) (Title or description of attached continued) Number of Pages / Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully forprmper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the lime of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shc/they,- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasscs.com EXECUTED IN TRIPLICATE 13OND No. 71362090 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the 2012 18 t h day of December has awarded to Complete Thermal Services, Inc. hereinafter designated as the "Principal", Contract No. CS-0338 for Ciy Hall Building Chiller Replacement in Los Angeles County, California; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, the Principal and _WESTERN SURETY COMPANY as Surety, �s� i�� l o " �WN hereinafter called the "Obligee," in the penal sum of Fi tv ive an no DOLLARS (S 75, 255.00 1 lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his heirs, executors, administrators, successorssor assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his 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 the Obligee, its officers and agents, as therein stipulated, 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 the terms of the Contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the specifications, and said Surety agrees that in case suit is brought on this bond, Surety will pay City's reasonable attorney's fees to be fixed by the court. Performance Bond - 1 IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the 2nd day of January 2013.. Name COMPLETE THERMAL SERVICES, INC. q (Principal) (Attach Acknowledgment) By Name WESTERN SURETY COMPANY (Surety) By (/ 1 t r t L, Davis, Asa't. Sec. By (Attorney -in -fact) APPROVED AS TO FORM: n( ti�ti Nicholas Ge+rge Oftuez, City Attorney Performance Bond - 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On v before me, personally appeared 0-6 ,im Z, O 4112� who proved to me on the basis of satisfactory evidence to be the persorl;(o whose name Is/ subscribed to the within instrument and knowledged to me that aeY executed the same in is /xlteir authorized capacity(Ies), and that b his/ t.Iteir signaturek on e. instrument the person(s)or the entity upon behalf of which the person( acte , ecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. 9USTiN HUNNEWELL FISKCOMM #1914831 In Notary Publlo-Callfomle .a ORANGE COUNTY My Comm. Exo. DEC 2.2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages —.71— Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • Slate and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/ilwy— is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-98G5 www.NotaryClasscs.com EXECUTED IN TRIPLICATE BOND No. 71362090 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Vernon, a municipal corporation, by action on the 2012 18th day of December -20.3, has awarded to Complete Thermal Services, Inc. , hereinafter designated as the "Principal," Contract No. CS-0338 for City Hall Building Chiller Replacement in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond in connection with said Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the Principal and WESTERN SURETY COMPANY as Surety, r4leld vd d E' b�qugc�unrlq the CITY OF VERNON in the penal sum of .Seventy Five Thousan wo un r r t�y ive DOLLARS ($_75.255.00 ), lawful money o t e United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees ofthe Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court, pursuant to Section 3191 of the California Civil Code. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terns of the Contract, or to the work or to the specifications. Labor and Material Bond - I IN WITNESS WHEREOF, three (3) identical counterparts of this instrument each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the end day of January 2013. Name COMPLETE THERMAL SERVICES INC. (Principal) (Attach Acknowledgment) By APPROVED Nicholas STATE OF SOUTH DAKOTA SS County of Minnehaha Name WESTERN SURETY COMPANY LZ M (Surety) L. Davis, AWL SeG. (Attorney -in -fact) City Attorney ACKNOWLEDGMENT OF SURETY (Corporate Officer) On this 2nd day of January 2013 before me, a Notary Public in and for said County, personally appeared L. Davis, Ase't. Sec. personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. I I My commission g ires J. Hrwom dly COMMISWOrl Expired 6-22-2013 Notary Public Form 11/3-12-96 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71362090 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having. its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint - L. Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Complete Thermal Services, Inc. Obligee: City of Vernon Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 1 2013 —,but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and this 2nd day of January 2013 WES SURE Y COMPANY r Paul T. Auflat, Vice President as On this 2nd day of - January , in the year 2 013 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deli of said q�or tiory /0444444444bS444444444444� J\ I �/Gn S. PETRIK i NOTARY PUBLIC pr't`JSOUTH DAKOTA SEAL i Notary Public - South Dakota *h44444444444bbb00464004+ My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 2nd day of January 2013 W E S R SURE Y COMPANY Paul T. Auflat, Vice President Form F5306-8-2012 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of personally appeared who proved to me on the basis of satisfactory evidencA to be the person(kywhose name is/ subscribed to the within instrument and acknowledged to me that 6 /they executed the same in is authorized capacity(iesy,, and that bChhi)�their signature(, , onI the instrument the person(�sa; or 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 foregoing paragraph is true and correct 9XIS011IIJINN HNEWELL FISK t CM #1914831 �n WI ESS JZ official seal. Notary Putillo-Celifornle ORANGE COUNTY Comm. Ex . DEC 2 2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPT N OF THE ATTACHED DOCUMENT /'/V "` V(Title or description of attached document) (Title or description of attached document continued) Number of Pages —1— Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nmst contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be Property completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this. form if required. • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they— is /ere) or circling the comet forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Complete IIiT& 1i" Services, Inc. January 24, 2013 Pin Chan, Project Engineer City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Subject: Performance and Labor and Material Bonds This is to notify that Complete Thermal Services, Inc. concurs that the City of Vernon type in the "contract awarded date" of December 18, 2012 on the two bonds for the City Hall Chiller Replacement project. Sincerely, William L. Clements President 11570 Seaboard Circle Stanton CH 90680 Tel 714. 891. 2265 Fox 714. 891. 2086 GENERAL PURPOSE RIDER TO BE ATTACHED to and form part of Bond Number 71362090 issued by the WESTERN SURETY COMPANY ,as Surety, on behalf of Complete Thermal Services, Inc. Of 11570 Seaboard Cir., Stanton, CA 90680 , hereinafter referred to as the Principal and in favor of city of Vernon of 9305 Santa Fe Avenue, Vernon, CA 90058 hereinafter Seventy -Five Thousand Two Hundred Fifty -Five and referred to as the Obligee, in the sum of 00/100 Dollars( $75, 255. 00 ), effective the 2nd day of January 2013 NOW, THEREFORE, it is agreed that the Contract date is December 18, 2012 IT IS FURTHER AGREED that all other terms and conditions of this bond shall remain unchanged. THIS RIDER IS TO BE EFFECTIVE the 25th day of January 2013 SIGNED, SEALED AND DATED this 25th day of January 2013 Accepted By: City of Vernon Complete Thermal .Services, Inc (Principal) By: By: (Seal) RN SURETY COMPANY By: I 42— - -1 • (Seal) Paul T. aruflat, Vice Pr sident__A#l;g y-in-Fact Form F9976 Western Surety Company 101%WGI1461QGVW003121WdwloDI0101WR"11160 8M Bond No. 71362090 Enow All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint —_ Paul T. Bruflat its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Complete Thermal Services, Inc. Obligee: City of Vernon Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s)-in-fact may do within the above stated limitations, Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 1 2013 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporates_ }j%4Laffixed this 25th day of January 2013 —OR 0r'T4 s WEST R SURE COMPANY r Paul T, Arriflat, Vice President ST1Y.'yaJr-sGl bYTA Co On this 25th day of January ,in the year 20i3 ,before me, a notary public, personally appeared Paul T. Brullat, who being to me duly sworn, aknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said Pat' '4\\g11Yh4hM\4Nb\bM\4q i S. PETRIK ; i L NOTARY PUBLIC 6EAL i otary Public - South Dakota r SOUTH DAKOTA�f �\\\b\Nb4444b4......... ✓F My Commission Expires August 11, 2016 I the undersigned officer of Westernn Suuety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in forme. In testimony whereof, I have hereunto set my hand mid seal of Western Surety Company this 25th day of January 1 2013 . Form F6806-e-2012 WEST R SURE COMPANY r� Paul T. A uflat, Vice President k INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including but not limited to, a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily Iniury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 7 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by the City. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. DOCUMENTATION REQUIRED • Certificate of Insurance from contractor's insurance agent; • Copy of insurance policy Declaration Page for General and Umbrella Liability; • Actual copies of any Endorsement; • Additional Insured Endorsement naming City as Additional Insured, Form CG 2010-1185 required; • Contractor's insurance package to include Endorsement appropriate to the project being undertaken on the City's behalf, • Copy of Schedule of Forms and Endorsements Commercial Certificate of Insurance FARMER S Agency . MOSHER INSURANCE AGENCY Name . 4113 LOS COYOTES DIAGONAL & Issue Date (MM/DD/YY) 12/27/12 • LAKEWOOD, CA. 90713 Address This certificate is issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 29 Dist. 62 Agent 397 coverage afforded by the policies shown below.. Companies Providing Coverage: Insured an Cons r A 'frock insurance Exchange . COMPLETE THERMAL SERVICES Imerp Name . 11570 SEABOARD CIRCLE company B Farmers Insurance Exchange & • STANTON, CA. 90680 filter company C Mid -Century Insurance Company Address - Uner Company Letter Coverages 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 which this certificate may be issued or may pertain, the Insurance 'r afforded by the policies described herein Is subjtet to all the terms, exclusions and conditions of such policies. Limps shown may have been reduced by paid claims. La' La' Type of Tnsurence yp Pnlicy Numl)el* Policy Effective Date IMM/DD/vY) Policy Expinniun Date (NINIMD/YY) Policy Limits A General liability 09418-18.62 04/01/12 04/01/13 General Aggregate $2,000,000 X Commercial General Products-Comp/Ops Liability Aggregate $2,000,000 - Occurrence Version I Personal & Advertising Injury S 2,000,000 Contractual - Incidental I - Each Occurrence Y �,000,000 I Only Fire Damage Owners & Contractors Prot. (Any one fire) S 2,000,000 Medical Expense (Any one person) $2,000.000 A X Automobile Liability 09418-18-62 04/Ol/12 04/04/13 Combined Single All Owned Commercial Limit S 2,000,000 Autos Bodily Inj)ury Scheduled Autos I (Per person $ X Hired Autos Bodily Injury X Non -Owned Autos I (PeraWdent) $ Garage Liability Property Damage S I Garage Aggregate S A X Umbrella Liability 60483-47.56 03/01/12 03/01/13 Limit S 4,000,000 A X Workers' Compensation A0922.5-49 03/01/12 13/01/13 - Statutory and Each Accident S 1,000.000 Employers' Liability Disease - coal Empioyew S 1000000 Disease - Policy Limit S 1:000:000 Description of Operations/Vehicles/Resu9ctions/Special items: - Certificate holder, its officials, and employees are listed as additional insureds.. —�"—•' w..,...-.'w,� 111�1UV 10 MUU IKAYML IrvJVRCU0. Certificate Holder . CITY OF VERNON Natne . 4305 SANTA FE AVENUE & . VERNON. CA. 90058 Address - Cancellation Should any of the above described policies be cancelled before the expiration date thereof, the Issuing company will endeavor to mall30 days written notice to the certificate holder named to the left, but failure to mall such notice shall impose no obligation or liability orally kind upon the company. Its agents or representatives. LvtZ" AYd4. Lri'c� #: 0 42743 56-2492- 4-04 POLICY NUMBER: 09418-18.62 COMMERCIAL GENERAL LIABILITY NAMED INSURED: COMPLETE THERMAL SERVICES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF VERNON, ITS OFFICERS, AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such Insurance as is afforded by this policy fix the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named - Insured's operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory with the insurance provided hereunder. - CG 20 10 1185 Copyright, Insurance Services Office, Inc. RISK MANAGEMENT INTER -DEPARTMENT MEMORANDUM DATE: January 17, 2,'0'13 TO: Pift Chan, Ptoject Ehg�ine6r PROM: Teresa McAllister HuMan Resource; Directo RE: Complete Thermal S.6tvices - City Hall Building Chil.16r 'keplacement - Contract No. C8-0338 Please be advised that Complete Thermal Services has: provided acceptable insurance coverage. Complete -Thermal services will remove and replace an existing chiller unit located on the roof of the City Hall building. PROOF OF INSURANCE APPROVAL AS TO FORM Proof of the following insurance coverage has been received and approved as to form: (1) Contractual Liability. (2) Automobile Liability. (3) Worker's Compensation. (4) Employer's Liability. (5) General Liability. (6) Umbrella Liability. Dated: 2( �, 10 George Rodriguez, City Attorney - E-8 - (BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD) Date: ft City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: n M P L E IRREVOCABLE LETTER OF CREDIT Contract No. Please consider this letter as an Irrevocable Letter of Credit pledging that in the amount of $ is/are deposited and guaranteed to insure the Contractor's faithful performance under Contract No. in lieu of withholding any funds due the Contractor under progress payments. In compliance with Part 5 (commencing with Section 22300) of Division 2 of the California Public Contract Code, we agree that the funds or other securities designated by this instrument shall become trust funds for the purposes set forth in this instrument. This instrument shall terminate upon formal acceptance by the City Council of the City of Vernon of the work performed by the Contractor under said Contract. Any claims under this Irrevocable Letter of Credit shall be presented in the following manner: The City's written statement, signed by the Director of Community Services, certifying that there has been loss, damage or liability resulting from the Contractor's duties and obligations under Contract, or from negligence, act or omission of the Contractor, its agents, servants and employees (such statement to be substantiated by an attached detailed report) in the amount of the accompanying sight draft on us and that the amount of this draft is therefore now due and payable. The above statement will be all that is required to certify the amount set forth under this Irrevocable Letter of Credit, dated this date, is due and payable to the City of Vernon pursuant to the above -stated Contract No. (Name of Bank or Savings and Loan Association) By President By Secretary ALL SIGNATURES MUST BE NOTARIZED Attach proper jurats • Securities as listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit. - E-9 - OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 5, 2013 County of Los Angeles Registrar -Recorder Document Analysis and Recording P.O. Box 1250 Norwalk, CA 90651-1250 Re: Completion of Contract No. CS-0338 Dear Sir or Madam: Transmitted herewith is a Notice of Completion to be recorded by your office. Please return the Recorded Notice to the attention of the undersigned. Very truly yours, Az�l 7 Deborah R. Juare Records Management Assistant Enclosure c: William Fox Rafael Contreras S. Kevin Wilson Contract No. CS-0338 Resolution No. 2012-244 E�ccfusivefy Industriaf Recording Requested By City of Vernon, Department of Community Services and water Fee Waived Pursuant To Govt. Code 6103 When Recorded Mail To: City Clerk 4305 Santa Fe Avenue Vernon, CA. 90058 SPACE ABOVE THIS LANE RESERVED FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that 1. The City of Vernon, whose address is 4305 Santa Fe Avenue, Vernon, California, as Owner of the public work of improvement known as the City Hall Chiller Replacement Project, located at 4305 Santa Fe Avenue, Vernon CA 90058 as improved in accordance with Contract No. CS-0338 between Complete Thermal Services, Inc. whose address is: 11570 Seaboard Circle Stanton, California 00680 as CONTRACTOR, and the DEPARTMENT OF COMMUNITY SERVICES AND WATER for the following work, to wit: Furnish all necessary labor, material, equipment, transportation and service for the removal and salvage/disposal of an existing chiller unit and associated apparatus, and furnish and install a new chiller unit as described within the project specifications. 2. Notice is given that the Work of Contract No. CS-0338, as amended by Owner -approved changes, if any, was completed on June 6, 2013, provided, however, this notice does not alter the responsibility of the Contractor for any failure to comply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non -conforming work [and does not constitute acceptance of any disputed claims]. The name of the surety on said contract is: Western Surety Company This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. Dated: to15-L13 Dana Reed, Interim City Clerk DEPARTMENT OF MMUNITY SERVICES & WATER CITY OF VERNO BY: u vin Wilson, P.E. Director of Community Services & Water VERIFICATION I, Samuel Kevin Wilson, Director of Community Services & Water, state that I am an officer of the City of Vernon, to wit: Director of Community Services & Water; that i have read the foregoing Notice of Completion and know the contents thereof and that same is true of my own knowledge, except as to the matters which are therein stated on information or belief, and as to those matters I believe Wto be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is We and correct Executed in the City o 117, _ on on the above stated date. 1 Ii 7 Sam K i1 on, P.E. Director Approved as to4 o Community Services & Water . City Attome3�-/ Nicholas George Rodriguez RECEIVED MAY 2 9 2013 RECEIVED 1W CITY ADMINISTRATION MAY 2 9 2013 STAFF REPORT CITY CLERK'SOMMUNITY SERVICES & WATER DEPARTMEN EnQ DATE: June 4, 2013 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Contract No. CS-0338: City Hall Building Chiller Replacement — Acceptance of Work Recommendation It is recommended that the City Council: Affirm that accepting the work of Complete Thermal Services, Inc., on the City Hall Building Chiller Replacement Project, Contract No. CS-0338, is exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 1, Section 15301, and in accordance with Section 15061(b)(3) because the project consisted of the repair of an existing mechanical piece of equipment involving no expansion of use beyond that existing at time of the lead agency's determination. 2. Accept the work by Complete Thermal Services, Inc. as part of the City Hall Building Chiller Replacement Project, Contract No. CS-0338. Background The project involves the repair to the City Hall's 30 year old Heating, Ventilation and Air Conditioning (HVAC) system. The Community Services Department obtained approval on October 31, 2012 to advertise to obtain competitive bids for the replacement of the chiller unit servicing the City Hall building located at 4305 Santa Fe Avenue. Bids were sought per the City's Purchasing Procedures and the contract was awarded to Complete Thermal Services, Inc. on December 18 , 2012. The work has been completed in accordance with the project specifications and it is recommended that the work be accepted. Fiscal Impact The City Hall Building Chiller Replacement contract was awarded to Complete Thermal Services, Inc. with a total bid amount of $75,255. There were no contract change orders. It is recommended that the project be accepted and that the five percent (5%) retention of $3,762.75 be paid thirty-five (35) days after the recordation of the Notice of Completion, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM En TO: Mark Whitworth, City Administrator 9J FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: June 4, 2013 SUBJECT: Contract No. CS-0338: City Hall Building Chiller Replacement — Acceptance of Work The City Hall Building Chiller Replacement Project is completed and all work has been found to be acceptable. The Department of Community Services and Water recommends that the work be accepted by the City Council at its next City Council meeting. SKW/rc RECEIVED � This page is part of your document - DO NOT DISCARD JUL 01 20A flo2013087656411IRK'SOFFICE III II IIIII II I IIIII II IIII in IIIII IIIII IIIII IIIII IIII III Po�Oz + Recorded/Filed i } Recorder's Office, Los Angeles County, California 06/12/13 AT 11:46AM LEADSHEET 201306120090080 00007853777 IIIIIII IIIII IIIII lull IIIII IIIII IIIII IIIII IIIII IIII IIII 004930030 SEQ: 01 DAR - Mail (Hard Copy) IIIIIII IIIII IIII IIIII IIIIII IIII IIII IIII IIII NIIII IIII I IIIII IIII IIII IIIIII IIIIII IIIII IIIII III IIII IIIIII IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIIII IIII IIIII IIIIII IIII IIIII IIIII IIIIII III IIII THIS FORM IS NOT TO BE DUPLICATED Feu PEES: TAXES: OTHER: PAID: 0.00 0.00 0.00 0.00 Recording Requested By City of Vernon, Department of Community Services and water Fee Waived Pursuant To Govt. Code 6103 When Recorded Mail To: City Clerk 4305 Santa Fe Avenue Vernon, CA. 90058 06/12/2013 ABOVE THIS LINE RESERVED FOR RECORDERS USE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREI3Y'61VEN"that 1. The City of Vernon, whose address is 4305 Santa Fe Avenue, Vernon, California, as Owner of the public work of improvement known as the City Hall Chiller Replacement Project, located at 4305 Santa Fe Avenue, Vernon CA 90058 as improved in accordance with Contract No. CS-0338 between Complete Thermal Services, Inc. whose address is: 11570 Seaboard Circle Stanton, California 90680 as CONTRACTOR, and the DEPARTMENT OF COMMUNITY SERVICES AND WATER for the following work, to wit: Furnish all necessary_labor, material, equipment transportation and service for the removal and salvage/disposal of an existing chiller unit and associated apparatus, and furnish and install a new chiller unit as described within the project specifications. 2. Notice is given that the Work of Contract No. CS-0338, as amended by Owner -approved changes, if any, was completed on June 6, 2013, provided, however; this notice does not alter the responsibility of the Contractor for any failure to comply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non -conforming work [and does not constitute acceptance of any disputed claims]. The name of the surety on said contract is: Western Surety Company This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. Dated: �a%S `/J� "'` DEPARTMENT. OF M,MUNITY SERVICES.& WATER CITY OF VERNO BY: S mu vin Wilson, P.E. Director of Community Services & Water Dana Reed, Interim City Clerk VERIFICATION 1, Samuel Kevin Wilson, Director of Community Services & Water, state that I am an officer of the City of Vernon, to wit: Director of Community Services & Water; that I have read the foregoing Notice of Completion and know dte contents thereof and that same is true of my own knowledge, except as to the matters which are therein stated on information or belief, and as to those matters I believe, to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed in the City o on on the above stated date. I Approved as to F�r 13 City Attome} J Nicholas George Rodriguez Samnel K Xigon, P.E. Director o Community Services & Water