Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5/16/2001 - STAFF REPORTS (11)
DATE: May 16, 2001 TO: City Council FROM: Interim Director of Aviation AIRPORT EMERGENCY STANDBY GENERATOR RECOMMENDATION: It is recommended that the City Council authorize the installation of a 1,250 kW emergency standby generator for the airport terminal facility (AIP 3-06-0181-26, City Project 2000-33), subject to FAA approval , to Bergelectric Corporation in the amount of $795,000.00 and establish contract administration procedures. SUMMARY: Bids for the above named project were received on May 3, 2001: Bidder Total Bid DBE Participation Bergelectric Corp $795,000.00 11% Brudvik, Inc $906,386,00 N/A RIS Electrical $967,000.00 0% Datum Group $1,450,000.00 3% BACKGROUND: In 1999, the Airport received AIP funding from the Federal Aviation Administration (FAA) to upgrade the emergency standby generator for the terminal facility. The existing emergency generatorforthe terminal facility has enough capacity to meet the minimum code requirements to operate a publicfacility(security, minimum lighting,fire alarm, etc.). With the expansion of the terminal facility, as well as any future growth, the existing generator will not meet the needs of the facility. Due to the on-going energy situation,the FAA authorized the acquisition of a 1,250 kW generator rather than the originally proposed 500 kW. The 1,250 kW generator has enough capacity to provide emergency standby power to the entire terminal facility, except for the passenger loading bridges (PLB). After reviewing all of the bids and the DBE (Disadvantaged Business Enterprise) participation,the lowest responsive, responsible bidder is Bergelectric Corporation with a total bid price of $795,000.00 and a DBE commitment of 11%. The bid from the 2o1 low bidder, Brudvik, Inc was not signed nor did they acknowledge receipt of the three (3) addendums. Attached is the complete unit cost bid tabulation as well as a Resolution for City Council consideration. The Resolution would declare the bid from Brudvik, Inc non- responsive; award the contract to Bergelectric Corporation; appoint the Assistant City Manager - Special Projects as the Project Administrator, and authorize the Project Administrator, subject to City Manager approval to approve Change Orders up to 5% 14 Airport Emergency Standby Generator Page 2 May 16, 2001 of the total base bid. Funding for this project is 90% from the Federal Aviation Administration (FAA)AIP 26 and 10% Airport funds. Funds are available in 415-60-6600-56029 "Ramp 26". No general fund monies will be used. ALLEN F SMOOT, A.A.E. HAROLD E GOOD, CPPO Interim Director of Aviation Procurement Manager c APPROVED: City Manage Attachment: Resolution N\WordPerfect\City_Council\Standby_Generator 04-04-2001 wpd REVIEWED BY DEPT.OF FINANCE Q/¢ 2 Palm Springs International Airport Project AIP 3-06-0181-26 CP200O-33 Construction Bid Tabulation 1,250 Kvv Emergency Standby Generator Schedule I-Install a New 1,2501(w Emergency Standby Generator Including All Appurtenances Engineer's Berg Brudvick R.I.S. Datum Item Nc Description QuantityUOM Unit Cost Estimate Electric Electric Electric Group Div 16 Install a New 1,250Kw Emergency Standby LS 850,000.00 795,000.00 906,386.00 967,000.00 1,450,000.00 Generator Including All Switch Gear, Conduits, Cables and Appurtenances Schedule I Total/ Total Project 850,000.00 795,000.00 906,386.00 967,000.00 1,450,000.00 A26PS,Gen,B1dTab dated:May 3,2001 Page No. 1 OF PALM Sp - City of Palm Springs * * Office of the City Clerk ♦ \A +0R r am lty 3200 Tahquttz Canyon Way• Palm Springs,California 92262 Cq[ Fp R��P TEL:(760)323-8204 •TDD:(760)864-9527 June 15, 2001 Bergelectric Corporation 650 Opper Street Escondido, CA 92029 1,250KW EMERGENCY STANDBY GENERATOR INSTALL, CP00-33,A4363 Enclosed is your Bid Bond issued from Hartford Fire Insurance Company, in the sum of ten percent of the total amount of the bid. Your copy of the executed contract is also included. Sincerely, PATRICIA A. SANDERS City Clerk Enclosure cc: Airport w/agreement Finance w/agreement Post Office Box 2743 0 Palm Springs, California 92263-2743 STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS 1 TO: California Department of Industrial Relations Division of Apprenticeship Standards P. O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 CITY OF PALM SPRINGS OFFICE OF CITY CLERK POST OFFICE BOX 2743 PALM SPRINGS, CA 92263- 2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SEC. 1777.5 HAS BEEN AWARDED TO: 2. Name of General Contractor 3. Contractor's License Number Bergelectric Corporation 85046 4. Mall Address(Street Number or P. O. Box) 5. City Escondido 650 Opper Street 6. Zip Code 7. Telephone Number 92029 (760 ) 746-1003 B. Address or Location of Public Works Site (Include city and/or county) Palm Springs International Airport 9. Contract or Project Number 30. Dollar Amount of Contract Award CP00-33, A4363 $795,000.00 11. Starting Date (Estimated or Actual) 12. Completlon Date (Estimated or Actual) 13. Number of Working Days MONTH DAY YEAR (USE NUMBERS) MONTH DAY YEAR (USE NUMBERS) 05 / 28 / 01 / 09 / 24 / 01 / 120 Callender Days 14. Type of Construction (Highway,school, hospital,etc.) 15. Generator Installation NEW CONSTRUCTION Ez] ALTERATIONS 16. Classification or Type of Workman (Carpenter,plumber,etc.) Electrical, Trenching, Concrete 17. Is language Included in the Contract Award to effectuate the provisions of Section 1777.5, as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® YES No Is language included in the Contract Award to effectuate the provisions of Section 1776, as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® YES NO 16. Signature 19. Title 20. Date City Clerk 6-15-01 21. Printed or Typed Name 22. Telephone Number PATRICIA A. SANDERS ( ) Duplication of this form Is permissible. DAS 13 (RV.7/651 EXTRACT OF PUBLIC WORKS CONTRACT AWARD S EDGWICK, WINTER2001 R T, M O RA N fSURETYx .. & ARNOLD CONSTRUCTION LAW BRIEFINGS A Compilation of Recent Cases and Legislation Prepared by SDNA Attorneys Involved in the Surety and Construction Industries 1 TABLE OF CONTENTS WHILE AN AWARDING GOVERNMENTAL A SURETY CAN WAIVE THE NOTICE ENTITY HAS A DUTY TO ENSURE THAT REQUIREMENTS OF SECTION 2 OF THE THE SURETY IS ADMITTED IN CALIFOR- ILLINOIS PUBLIC CONSTRUCTION NIA, IT DOES NOT HAVE A DUTY TO BOND ACT............................................................6 ENSURE THE SURETY'S SOLVENCY AND ARGUABLY COULD VERIFY THE SURETY'S A DEVELOPER CANNOT USE A BINDING STATUS BY CHECKING THE DEPARTMENT ARBITRATION CLAUSE CONTAINED IN OF INSURANCE'S WEBSITE......................................2 THE CC&R'S TO PRECLUDE HOMEOWN- ERS AND THE HOMEOWNERS SUPPLIER TO SUBCONTRACTOR MAY ASSOCIATION FROM PURSUING A PURSUE STATUTORY STOP NOTICE CONSTRUCTION DEFECT OR DESIGN RIGHTS ON CALIFORNIA PUBLIC WORKS ACTION IN COURT.............................................7 PROJECT......................................................................3 INSURANCE COMPANY IS ENTITLED TO A CITY PROGRAM THAT ENCOURAGES INTERVENE IN LAWSUIT AGAINST CONTRACTORS TO ENGAGE IN RACE- INSURED WHOSE CORPORATE STATUS AND GENDER-BASED PREFERENTIAL HAS BEEN SUSPENDED.......................................8 TREATMENT VIOLATES THE CALIFORNIA CONSTITUTION.........................................................3 A COUNTY AND A DEVELOPER CAN FREEZE ZONING LAW CHANGES PROPERTY OWNERS MAY NOT RECOVER DURING THE COURSE OF THE IN NEGLIGENCE FOR COST OF REPAIR DEVELOPER'S PLANNING PROCESS..................8 OR DIMINUTION IN VALUE IF THE CONSTRUCTION DEFECTS ALLEGED NO CAUSE OF ACTION AGAINST HAVE NOT CAUSED PHYSICAL PROPERTY SURETY FOR INTERFERENCE WITH DAMAGE OR INJURY................................................4 CONTRACT WHERE PLAINTIFF'S ASSIGNMENT OF CONTRACT PROCEEDS A PROPERLY EXECUTED DEED OF IS UNENFORCEABLE............................................9 RECONVEYANCE IS VOIDABLE, NOT VOID, ALTHOUGH BASED ON A ATTORNEY PROFILE.............................................9 FORGED REQUEST FOR RECONVEYANCE.......................................................5 INSURER ESTOPPED FROM ASSERTING CONTRACTUAL LIMITATION PERIOD DUE TO ITS FAILURE TO DISCLOSE THE LIMITATION TO THE CLAIMANT.............................5 Briefings is designed to provide accurate and authoritative information in regard to the subiect matter and is made available with the understanding that the publication does not constitute the rendering of legal advice or other professional services, If legal advice is required, such services should be sought Briefings is a trademark of SDM&A© 2001 SDM&A All rights reserved. For complimentary copies of Briefings, please contact Marilyn Klinger in the Los Angeles Office, 213 426 6900, James Diwik in the San Francisco Office at 415.781 7900, or Ron Pierce in the Orange County Office at 949.852 8200 To receive this newsletter electronically, E-mail Kim Appleby at Kim Appleby@sdma.com San Francisco Las Angeles Orange County Chicago New York Newark London Zurich Paris 415.781.7900 213.426.6900 949.852.8200 312.641.9050 212.422.0202 973.242.0002 20.7929.1829 41.1.201.1730 33.1.4704.5502 WINTER 2001 BUREIv,_-, ONSTRUCTION LAW BRIEFINGS WHILE AN AWARDING GOVERNMENTAL ENTITY protect against the risk of a particular kind of injury, HAS A DUTY TO ENSURE THAT THE SURETY IS the public entity is liable for an injury of that kind ADMITTED IN CALIFORNIA, IT DOES NOT HAVE proximately caused by its failure to discharge the duty A DUTY TO ENSURE THE SURETY'S SOLVENCY unless the public entity establishes that it exercised AND ARGUABLY COULD VERIFY THE SURETY'S reasonable diligence to discharge the duty." STATUS BY CHECKING THE DEPARTMENT OF INSURANCE'S WEBSITE The court then determined that Civil Code §§ 3247 and Wait Rankin &Associates, Inc V. City of Murrieta 3248, requiring that payment bonds be "approved by 84 Cal App.4th 605 (October 31, 2000) the .public entity," must be read with Code of Civil Procedure § 995 310 which provides "Unless the By Marilyn Klinger, Los Angeles Office statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by In this opinion, the court ruled that an awarding two or more sufficient personal sureties or by one suffi- governmental entity must ensure that a payment bond cient admitted surety insurer.. " The court stated: surety is a California admitted surety insurer. However, "Upon reviewing the statutory scheme..we conclude there is no requirement to investigate the surety's sections 3247 and 3248 cannot be read in isolation but solvency by requiring the documents set forth in the must be read in conjunction with the Bonds and Code of Civil Procedure§995.660. The obligation is met Undertaking Law (Code Civ. Proc , § 995 010, et seq )." by obtaining a county clerk's certificate of admittance or In that regard, the court stated. 'JWje are unable to by otherwise verifying its status, i.e , through,-....the ignore the mandatory language of the statute imposing Insurance Commissioner's website. a duty to ensure that the subject bond be executed by one of the three categories of insurers identified in In this case, Murrieta's contractor offered a Red Sea Code of Civil Procedure section 995.310. As the public © payment bond. In response to the Crty's inquiry, the entity is the one required to approve the subject bond, Red Sea attorney-in-Fact provided a copy of his special it stands to reason that the public entity must be the power of attorney and the Secretary of State's acknowl- one to require compliance. . " edgment that Red Sea, as a foreign lending institution, had appointed the Secretary as agent for service of The court disagreed with the contention that a govern- process. The City officials approved the payment bond mental entity is also required to investigate the surety's solvency by requesting the Code of Civil Procedure § The contractor failed to pay one of its subcontractors 995 660 items. a certified copy of the power of attorney; when the subcontractor attempted to collect against a certified copy of the Insurance Commissioner's the payment bond. Unfortunately, the surety was a certificate of authority, and copies of the surety's foreign corporation with out-of-state offices It was not annual and quarterly statements A fourth item, licensed as a surety anywhere,was not authorized to do the county clerk's certificate that the Insurance business in California, had no assets, and its president Commissioner's certificate was in full force and effect, is and the attorney-in-fact had disappeared the only one that "should normally be submitted." Receipt of the county clerk's certificate is sufficient The subcontractor sued the City for negligence and because "the Insurance Commissioner has investigated failure to perform its statutory duty. The trial court and approved the insurance company's solvency determined that the City had no duty to require a prior to placing the company on the list of admitted surety to be admitted or to confirm its solvency. The surety insurers " subcontractor appealed. Of particular significance to the surety,industry is Initially, the appellate court found that the City had all the following court statement: "The Insurance of the mandatory duties that the subcontractor had Commissioner also points out that its Internet web asserted. After reconsideration, however, the court page allows anyone to determine whether a company is found that the City only had a duty to confirm that the an admitted insurer or not." In addition, "In the exercise surety was admitted. The court cited Government Code of reasonable diligence under Government Code § 815.6: "Where a public entity is under a mandatory section 815.6,the City could have performed its manda- duty imposed by an enactment that is designed to tory duty by obtaining a certificate directly from the Sedgwick, Detert, Moran &Arnold WINTER 2001 SURE v:J. RONSTRUCTION LAW BRIEFINGS county clerk, or otherwise verifying that the surety was an his decision thus clarifies and expands those entities admitted surety insurer." This quoted sentence comes ad persons who may pursue statutory remedies of stop within two sentences of the first-quoted sentence no�,ices and mechanic's liens. Thus, there is an implication that a website confirma- tion-of the admitted status would be adequate to meet A CIV PROGRAM THAT ENCOURAGES the duty to assure that the surety is admitted In other CONTRACTORS TO ENGAGE IN RACE.AND words, it is likely that a court would find that a govern- GEND�R-BASED PREFERENTIAL TREATMENT mental entity has exercised reasonable diligence by VIOLATES THE CALIFORNIA CONSTITUTION confirming on the Insurance Commissioner's website Hi-Voltag,Wire Works, Inc v. City of San Jose that the surety is admitted 24 Cal.4th\07 (November 30, 2000). 1 SUPPLIER TO SUBCONTRACTOR MAY PURSUE By Colin Batchelor, Los Angeles Office STATUTORY STOP NOTICE RIGHTS ON i CALIFORN[A PUBLIC WORKS PROJECT The Caliform Supreme Court has held that a City's Ivy Truck�ng, Inc. v Creston Brandon Corporation program requiring contractors bidding on city projects 84 Cal.4tp 4th 85 (October 11. 2000) to utilize a s�ecified percentage of minority and/or female subcontractors or to document efforts to include By James Djwik, San Francisco Office minority and when subcontractors in their bids is violative of the Cdlifornia Constitution This case discusses one of the exceptions to the general rule that a material hauler does not have California voters approved Proposition 209, which mechanic's hen ('private works) or stop notice (public amended the constitution to prohibit "discriminatlionl works) rights against, or grantlintgl preferential treatment to, any individual or group 'on the basis of race, sex, color, Creston hired Ivy on�a California public works project ethnicity, or national 'Origin in the operation of public to provide soil from a borrow pit, transporting and employment, public education, or public contracting.'' dumping the soil at the_ project site. Creston failed Cal. Const., art. 1, § 31 After 209 passed, San Jose to pay hry and Ivy servedva preliminary notice on the implemented a program that required contractors public owner and then a stop\notice. In determining that to use a specified percentage of minority and women Ivy could not recover under A'stop notice,the trial court subcontractors or to document efforts to do so. The ruled that Ivy was not a statutory claimant, as defined program required biddels to solicit at least four within California Civil Code § 3,110, because it did not subcontractors that were m1 nority- or woman-owned or provide labor and material to the'project operated The program also�required the bidder to list i, a sufficient number of minority subcontractors to meet On appeal, the appellate court noted that exceptions to a presumption of nondiscruN ination. Moreover, the the general rule that transportation\cf materials does contractor could not unjusti�iably refuse any bids not constitute labor, services, or materials within the received from these subcontrac;yors. meaning of § 3110 exist where the hauler (1) owns the materials and the cost of hauling is part o��the materials' San Jose requested bids on project for which cost, (2) participates in the work of improve kf ent,or(3) is Hi-Voltage was low bidder. Hi-�oltage intended to w hired by an agent of the oner. In focusing n the third perform the contract utilizing its iiwn work force and, exception, the appellate court noted that th�\rmined ded thus, did not comply with the prog am's requirements, definition of an "agent" under§ 3110 includests Accordingly, the City rejected its bid. Thereafter, or subcontractors. Thus, the appellate court d Hi-Voltage sued, seeking declarato relief and an that because Ivy had a contract with Creston, ry injunction preventing the program's co tinuation. agent of the public owner under § 3110, as oo the supplier of dirt, Ivy was permitted to pursp The trial court granted Hi-Voltage's sum ary judgment notice rights The appellate court noted that its ruling is motion, finding the program violated t e California in accord with the policy of liberally interpreting lien laws Constitution, specifically, 209. The cou of appeals to "accomplish their intended objective of preventing affirmed holding that the program's requirements unjust enrichment at the expense of unpaid workers." bestow preferences upon minority and women Sedgwick, Detert, Moran &Arnold 1 / Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, December 31, 2000 (Statutory Basis) ASSETS LIABILITIES U.S. Government Bonds ................ $ 3,804,811 Reserve for Claims $ Bonds of other Governments ........... 270,054,804 and Claim Expense......... 4,230,964,762 State,County,Municipal and Reserve for Unearned Premiums ..... 1,154,868,218 Miscellaneous Bonds ......... 3,080,654,217 Reserve for Taxes,License Stocks .......................... 5,412,190,277 and Fees ...................... 55,947,857 Short Term Investments ................ 294,957,940 Miscellaneous Liabilities ............. 1,312,848,049 $ 9,061,662,049 Total Liabilities ................... $ 6,754,628,886 Real Estate ............................... $ 132,893,484 Capital Paid In $ 55,000,000 Cash....................................... 75,846,524 Surplus .......... 5,450,533,331 Agents'Balances(Under 90 Day...... 1,805,130,722 Other Invested Assets ................... 145,616,326 Surplus as regards Policyholders ... $ 5,505,533,331 Miscellaneous ............................ 1,039,013,112 Total Liabilities,Capital Total Admitted Assets .............. $ 12,260,162,217 and Surplus ........... ... $ 12,260,162,217 STATE OF CONNECTICUT ss. CITY OF HARTFORD he Hartford Fire Insurance Company,being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial Sworn to before me ldsc/ S�•Gl/!�j' f\ItE N F V(�+�� 1���`I wx.wa '•.x 8 Donald J.LaValley,GGAssistant Vice-President N.,l Uc MY ta.NY G,1 I..A2I �b1eA'tL0� ��,A.uua, Jt . I U.vL�on� Patricia A.Murrone,Assistant Secretary Form CS-19-37BF Printed in U.S.A. Company Profile http://www4.insurance.co-gov/wu/idb_oo_pr. uti-ge[_w_prof?p_ m--2664 Company Profile n Insurance HARTFORD FIRE INSURANCE COMPANY 55 FARMINGTON AVENUE, SUITE 100 HARTFORD, CT 06105-3725 800-243-5860 Service of Process HUGH DOWNES, 555 POINTS DRIVE BREA, CA 92622 Reference Information NAIC Group#: 0091 Date admitted in California: January 07, 1870 ^ ! r za�a Company Type: Property& Casualty Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the logL ssM. 1 of 2 6/5/01 2:16 PM Company Profile http://www4.insurance.ca.gov/wu/idb_co_prof utl.get_w_protRp3IIk2664 AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 14, Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-May 29,2001 10:21 AM Copyright©California Department of Insurance Disclaimer 2 of 6/5/01 2:16 PM PUBLIC WORKS CONTRACTS BID RESULT CHECK LIST FIND FFICE: ��jJt City Project No: c70o -�j A/MOUNT S'006 V DATE —/ Dates Published: — � _ ZOa( � �(� lZ ' Z00 TICE Y 4JN ❑ Bid Date & Time: _ -00� PROJECT: 1,p25?1 KW E+r1-,2r�SV\4 S�o � �,Gv G-q#,kroXCW *SUCCESSFUL: 1 r�Q�\cC r (L 6. 2. k6�. 7. 3. Y, k kc k�C S. 4. 00\ Tu VV\, G-Yot,� 9. 5. 10. INCOMPLETE SIDS: Q Y�CTU t l� (Non-responsive) 13{� \\ \\ WHY: fl, oy V\ Sjo^ 1\(1 OC�GM W,co�,Ch�n� 0. hMS x CONTRACTOR BACKGROUND CHECK: �If 17�ipf�" , yy�tTf�y�;�} y� Required? Y ❑ N (ATTACH IF REQUIRED) Affidavit of Non-Collusion Signed & Notarized? Y N ❑ Information required of bidder page completed? N ❑ Type & Amount of Insurance Required: iA TACH AMOVMf ARE 9rEOFMI�2 1 ' Contractors License No. £� `J b�)O Type(s) C- ( � Status V V 0 k p 0_ No. of days to complete work Working Calendar Z O Estimated Start Date: 5" zs$ 2 00 ( Estimated Completion Date: q - 2-�f ZOO( No. of days in which to execute contract after Notice of Award (date City Clerk transmits contracts for execution): Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) rV Any Addenda? Y S d N ❑ No. Addenda Signed by Contractor? Y XN ❑ BONDS: PERFORMANCE BOND % PAYMENT BOND OO % CORRECTION REPAIR BOND % BID BONDS: BLANK BID SPECS. Successful Bidder: CASHIER'S CHECK? Y ❑ N DEPOSITED IN T & A? Y ❑ N Five (5) extra Sets of bid Unsuccessful Bidders: specifications for contract execution CASHIER'S CHECKS? Y ❑ N DEPOSITED IN T & A? Y ❑ N Vf Attached: Y N ❑ Which Contractor(s): El Provided Pre iously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y N ❑ Labor Code 1777.5 Y N ❑ Labor Code 1776 Y N ❑ California Standard Specifications N IH EDITION ^ \Sttandarrd e d Sp am Specifications for Public Works Construction V l _ EDITION Y DATE: (�' z 00( BY: Y , > 1 U DEPT: (I v lC,V Ou\ BID BOND KNOW ALL MEN BY THESE PRESENTS, That Bergelectric Corporation as Principal, and as Surety, are held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of Ten Percent of Amount Bid',-- '------------------ -- --'�;----:' -----.'d------rnot locc ----'-dollars ( than 10 pomew of the total amount of the bid) for the payment of whiclu sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,and assrgm,Jointly and severally,firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled: CITY PROJECT NO. C20W-33 AIP PROJECT NO. 3-06-0191-26 NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Docuaients, furnishes the required Certificates of Insurance, and fihmishes the required Performance Bond and Payment Bond, then this obligation shah be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit,including a reasonable attorneys fee to be fixed by the court. SIGNED AND SEALED,this 1st day of May W 2001 Ber electric Cor or io (SEAL) (SEAL) Thomas R. Anderson, Sr. Vice President (SEAL) (Principal) (SEAL AND NOTARIAL Hartford Fire Insurance Company (SEAL) ACKNOWLEDGMENT OF (S—ty) SURM- ') BY: '!� (sign■ture) BY: R.S. Rehrer, Attorne -in-Fact tmIDa VAx Title IV-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I• State of California County of San Diego ss. JJJ I On 5-2-01 before me, Christine Murphy, Notary Public Data Name and The of Officer(e.g "Jane Doe,Notary Public") personally appeared Thomas R. Anderson Names)of Signers) IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and all acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) C►1RIS11NE MURPNy acted, executed the instrument. Commiaf'n o 127&%j F��4 otSancry public Con WITNESS m hand and official seal. tiNCorrrn��County Y es5r 11,E Place Notary Seal Above Sgnature.........Public I' OPTIONALI'' Though the information below is not required by law, it may prove valuable to persons relying on the document I'I and could prevent fraudulent removal and reattachment of this form to another document Description of Attached DocumentI Title or Type of Document: BID BONDI Document Date: 5-1-0 L Number of Pages: 3 II1� Signer(s) Other Than Named Above: R.S. Rehrer I� Capacity(ies) Claimed by Signer Signer's Name: Thomas R. Anderson ❑ Individual Top of thumb here C3 Corporate Officer—Title(s): Senior Vice President L'_ P er—❑ Limited ❑ General ney in Facteedian or Conservatorr: Representing: Bergelectric Corp. � ©1997 National Notary Association•9350 Be Soto Ave.,PO Box 2402•Chatsworth,CA 91313-2402 Prod,No.5907 Reorder Call Toll-Free 1-800-876-6827 THE HARTFORD STATE OF CALIFORNIA COUNTY OF Orange On May 1. 2001 before me, Anna Kevston personally appeared R. S. Rehrer personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature ANNA KEYSTON ommission# 1224225 CALIFORNIA NOTARY C aa NO Public-California Y ACKNOWLEDGEMENTFORMz orange county ahyCo nm.E�resJunl7 2003 Form S-4050.0 Printed in U.S.A. HARTFORD FIRE INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duty organized under the laws of the Stale of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint Paul E.Boucher,Jr., R.S.Rehrer,M.L.Jue, Curt McFaul,Marc M Henry, Frank Morones,Mark S. Dobrzenski Of Brea, California its We and lawful Attomey(s)in-Fad,with full power and authority to each of said Attomey(s}in-Fact,in If separate capacity if more than one is named above,to sign,execute and acknowledge any and all bonds and undertakings and other writings obligatory in fine nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the perfommance of contracts other than insurance policies;guaranteeing the performance of insurance contracts where surety bonds are acoepled by states and municipalities,and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Cfficem,and hereby ratifies and confirms all that its said Attomey(s)-in-Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By-laws of HARTFORD FIRE INSURANCE COMPANY,('the Company')as amended by the Board of Directors at a meeting duty called and held on May 13,1999,as follows: ARTICLE N SECTION 7.The President or any Vice President or Assistant Vice-President,acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings,mcongnizances,contracts of indemnity and other writings obligatory in the nature thereof,and such instruments so signed and executed,with or without the common seal,shall be valid and binding upon the Company. SECTION 8.The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assistant Secretary,shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other wnfings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-President,resident Assistant Secretary,or Attomey-in-Fact,and revoke the power and authority given to him. Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such pourer of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which lf is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President,and its corporate seal to be hereto affixed duty attested by its Assistant Secretary,this 14th day of May,1999. HARTFORD FIRE INSURANCE COMPANY >t o `nJA4R4 Paul A.Bergenholtz,Assistant Secretary Robert L.Post,Assistant Vice President STATE OF CONNECTICUT M Hartford COUNTY OF HARTFORD On this 14th day of May,A.D.1999,before me personalty came Robert L Post,tome known,who being by me duly swore,did depose and say that he resides in the County of Hartford.State of Connecticut;that he is the Assistant Yoe-President of HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which executed the above instrument that he knows the seal of the said corporation;that the seal affixed to line said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jean H Wozniak Notary Public CERTIFICATE My Commission Expires June 30,2004 I,the undersigned,Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY,a Connecticut Corporation,DO HEREBY CERTIFY that th'e foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore,that Arbde IV,Sections 7 and a of the By-laws of HARTFORD FIRE INSURANCE COMPANY,set kith in the Power of Attorney,are now in force. Signed and sealed at the City of Hartford. Dated the 1st day of May 20 01 /^\ �fTe SEAL - J.Dennis Lane,Assistant Vice President Form S-3507-9 (HF) Printed in U.S.A. Bergelectric Corp. Contractors & Engineers 11 Bergelectric Officers and. Directors Officers and Directors: Ownership Percentage J. R. Briscoe Chairman of the Board 56% C.E.O./Secretary Robert W. Drink-ward President 28% C.O.O./Treasurer Don L. Briscoe Executive Vice President 7% Thomas R.Anderson Senior Vice President 2% San Diego Division William Wingerning Senior Vice President 1% Los Angeles Division Officers: Steve Buhr Vice President of Finance Edward P. Billig Vice President, Special Projects Los Angeles Division Douglas Crumby Vice President, Sales & Estimating Los Angeles Division Kenneth Bertalan Vice President, Special Projects San Diego Division Robert Edmondson Vice President, Shell & Core San Diego Division Alan J. Mashburn Vice President, Sales &Estimating San Diego Division VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BID ABSTRACT J ID :��n�y� DUE �-33 DATE: IDDING TO:Efy✓L rc' e/1 C'Y Qy UANTITY COMMODITY ITEM# 90� 38� �9G7 0 1, Aso �'qs� 4l�-rn.esszD INo.7426 - CITY OF PALM SPRINGg, CALIFORNIA ._ �{PA NOTICE INVITING BIDS for I D'� ACQUISITION AND DELIVERY OF EQUIPMENT: / U �j NEW EMERGENCY STANDBY GENERATOR �{ INCLUDING ALL APPURTENANCES f l PALM SPRINGS INTERNATIONAL AIRPORT V O CITY PROJECT NO. ME2000-33 C Q yWyr, /y, _ FAA AIRPORTNO.3-06 01811-26 PROJECT � /w%`/�nD NOTICE IS HEREBY GIVEN that sealed bids will be received at E�VED Manager of the City Oficelmf5t a Procuremmnt 3200 East Tahquitz Canyyon Way, Palm Springs l Callfomld 22 until,2:00 PM,local time e on Apd PROOF OF PUBLICATION This will be opened and reedpal mmBidl m th be och time utside nted inEMERGEN- (20I5.S.C.C.P) PY TENN4N Y GENERATOR INCLUDING ALL AP- DELIVERY LOCATION -The equipment shall be dellvered to and off-loaded at 3400 E. Tahquitz Can on Wayy Palm Springs, California. DESCRIPTIbN OF THE EQUIPMENT - The equipment Includes, but may not be limited to, furnishing all plant, necessary engineering, labor, tools, transportation, services, supervision, mate- date and equipment required to complete Sched- ule I for the Palm Springs International Airport. In- stallation of the equipment will be performed by v others. Copies of the installation documents (for refereneel will be available from me City of Palm Springs mcurement Office The Equipment (Work) involved includes the fol- lowing: SC liver a I Furnish and y Stan a New 1,ator Emergency Standby enanc s Including All Appurtenances OBTAINING OR INSPECTING BID DOCU- MENTS-A complete set of Bid Documents dat- Coun of Riverside ed March 2, 2001 may be obtained on, or after tY March 5, 2001 at the Ciry of Palm Springs Pro- curement Office, 3200 East Tahqquitz Canyon - - - - - - - -- --- - -- -- - - - - - _ _ -Pal S CA 92262 hone �b322- - - '- fundable deposit of 120,00 for aech set made payable to the Cily of Palm Springs An additional therge of $15.00 will be made far plans mailed out.Such requests and fees for plans and specifi- cations to be mailed out must be addressed to the City of Palm Springs Procurement Office, 3200 East Tahquitz Canyon Wayy Palm Springs, CA 92262, phone 760-3 3-8239, fax 760-322-8372. Each Bidder must supply all information required I am a citizen of the United States and a resident of I by the bid documents and specifications. PROJECT ADVERTISEMENT- The pro'ect was the County aforesaid;I am over the age of eighteen __ advertised for bid March 2, zool an 2001. d N�arch 15, years,and not a party to or interested in the ASSIGNMENT OF CONTRACT-The Bidder's at- above-entitled matter.I am the principal clerk of a tention is drawn YYto the fact that as a condition of bidP P Successful Bl the tldeot Palm eccepI assignment of the uires the printer of the,DESERT SUN PUBLISHING resultant contract to the General Contractor to COMPANY a newspaper of general circulation, whom the construction(Installation)contract shah be awarded.Upon assignment to the construction printed and published in the city of Palm Springs, (installation)contractor,all rights,duties,and obli- County of Riverside,and which newspaper has been can- tract shall beons of come ne ins it9 I;ts, a�taiesra a obllega- ad'ud ed a newspaper of general circulation b the bons of the seal nee, subject to the terms and adjudged g Y conditions s ecised in the(installation)contract Superior Court of the County of Riverside,State of documents P is anticipated that the construction fmstallation)general contract will be awarded May California under the date of March 24,1988.Case 001 and the assignment of the NEW EMERGEN- CY STANDBY GENERATOR Procurement con- Number 191236;that the notice,of Which the tract will be made immediately following that awa annexed is a printed copy(set in type not smaller DELIVVERY OF EQUIPMENT -Time is of the es- than non pan sence.The Equipment must be delivered withinel,has been published in each regular 60 calendar days after commencement date stat- and entire issue of said an newspaper and not in ed in the Notice To Proceed Y AWARD OF CONTRACT- supplement thereof on the following dates,to wit: (a) The P-quipment Hereunder is set forth in Bid $chetlula I Tha award of contract will be based on the lowest total bid.The City reserves the rigght nil th to award any or all parts of the venous 9ohetlWe6 March 2 ,15 to the lowest responsive, responsible bidder,and --- to reject all other bids, as It may best serve the -----------------"---""""--- -- interests of the City.The City reserves-the right to wave'any informality in or to reject any or all por- tions of the various low bids from qualified con- tractor bid items. The City further reserves the right after opening bids to reject any or all bids, or to waive any minor informs sty(non-responsive- All in the year 2001 ness) in a bid.The award of the contrac is sub- ject to the approval of the Federal Aviation Ad- ministration. The Sponsor further reserves the right to negoti- f certify(or declare)under penalty of perjury that the ate changes with the low bidder in the scope of foregoing is true and correct. protect,extent of the equip m�ent,or to increase or decrease the s¢e of the roOact, if so desired, all to the best interest of the wrier, prior to award 15th i _[a We con ct.ANddSrtuu+ai mformabon is included- Dated at Palm Springs,California this--------------day aloe�R�NN OPEN-The Bidder shall guar- March antee the Total.Bld Puce for a period of 30 cslen- dar days frorg the date of Bid Opening. of---------------------------------------2001 WAGE REQUIREMENTS All o shell be Itl �Ml -n the minimum wage rates established by the U.S. Secretary of Labor. TRADE RESTRICTIONS-All solicitations, con- tracts and subcontracts resulting from projects -'�`-------- �-- -- funded under AIP must contain the fore) n trade Signature restriction required by 41 CFR Part 30, anial of g Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S.Contractors. The Aviation Safety and Capacityy Expansion Act of 1990 provides that preference be Ivan to steel and manufactured products produced in the Unit- ed States when funds are expended pursuant to as grant issued under the Airport Improvement APPf MRTItlE'ACY`TMI R QUIREMENTS-AND bidder must complete, sign and furnish, prior to ward of th®contractz the 'Bidders Statement on the "Assurance or ulsaManfa - prise Participation" as contained in the Bid Pro- posal.These items must be submated with his or her bid. he or herkeubcont or actoreohaving 5om 0 employees more ems ppIoyyeees and who may be awarded a contract of y50,coo or more will be required to maintain an affirmative action program, the standards for which are contametl in these specifcatlons. The proposed contract Is untler and subject to Executive Order 11246 as amended, of Septem- ber 24 1965 and to tie Equal Employment Op- portun�ty (EEb) and Fetlerel Labor Provisions. The EttO requirements, labor provisions, and wage rates we Included in the specifications and bid documents and are available for inspection at the Deppaartment of Bull in and Safety, City Hell, Palm Spdnga, California. To be all le for award, each bidder must com- ply with the star,action requirements which are captained in the specaications. Disadvantagged Business Enterprises (DBEs) as defined in 49 CFR Part 28 she have the maxi- mum opportunity to pamcipate in the pertor- mance of contracts under this agreement Conse- apply CgtmieDagEeame�i mans o 49 CFR Part 26 Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of re- gRqulm ant for the ampp11 me nt of mIna ies. he ont matey elect to FreeweP OOMpeN entTpaymants tor tus _ untler the Contact Documents from time to time, I the 1 � " at wout retention of an by the City,by depositing recur ales of a uvalent value with the City in accordance with the pravi- /,.,, alone of Section 22300 of the Public Contract Code. Such securities, if deposited by the on tractor, shall be valued by the City, whose deci- sion on valuation of the secunties shall be final gAgi a for Investment under this Provo- slofi "be Iirtdted to hone letad m Section -- 7 �'.. 69B0 a trims ®'erbeak or savings and a¢aggceNhcates of depPosit. lope antl sting the AB dt ahel01 be Ieeeled and atl- dressed to the City of Palm Springs and shall be delivered or mailed tg Haroltl E. 2icod, CPPO, Procurement Manag9er, at 3200 East Tahqurtz' lope shall be plat In y mparkes 92262.The d 1,the a er left hand comer with the name end address of the Bidder and yhVI bear the Words "NEW EMERGENCY ISTAND Y GENERATOR INCLUDING ALL AP- Pt1RTENANCES"for the"PALM SPRWGS INTER- , NATIONAL AIRPORT", followed by the date and hour of oppening Blds. PROJEDT ADMINISTRATION-All communica- tions raetiye to this Equi ment shall be directed taogeer, RHMW East Tahqultzz danyon Wayym Palm Springa, CA 92262. phone 760 323-82�9, fax 1 760-322-8372.AO uestloris re sting to intemnata- ton of the Contra Documents or product must be eubmittetl in writing, ten days prior to bid opening,and any respponses will be In me form of written addentla to ma Documents. BY ORDER OFT E CITY OF PALM SPRINGS D . March 2,2001 CT'OF PALM SPRINGS BV:: All F. Bmaat Int�un pptractor of Aviation C of aim Springs, CA PUB: March 2, 15, 2001 -_ *'4 No.7691 CITY OF PALM SPRINGS CALIFORNIA A NOTICE INVMNQ SPRINGS,, for QA� ".. CQUISRION AND'DELNERV OF EQUIPMENT:rtii� , NEW'EMERGENCY STANDBY GENERATOR' 0 INCLUDING ALL APPURTENANCES PALM SPRINGS INTERNATIONAL AIRPORT /I D� CRY PROJECT NO. CP200D-33 7 / FAA AIRPORT I%ry1PROVEMENT PROJECT APR 16 2001 ' IP� NO.8-06-0181526 NOTICE IS HEREBY GIVEN that sealed bids will RECEIVE) v1 /J/�� be received at the Office of the of Palm gProcurement' t Tahgultz Can C)..E v VVYNNN 3, 2is, California, 001, at which r of the hm: 0 P , ll al imon and p aim Springs PROOF OF PUBLICATION 3, 2001l, t whi until,2:f0 y local time opened and (2�15.5.C.C"P) read aloud. Bids must be submitted in sealed an- J J 1. J valbpes marked on the outside 'NEW EMERGEN- CY STANDBY GENERATOR INCLUDING ALL AP- PURTENANCES". f DELIVERY LOCATION -The egmpmant shall be �da/' delivyyered to and off-loaded at 3400 E. Tahqurtz l Ca on PalOFSPT,HEs EQUIPMENT - The ` equipment includes, but may not be limited to, furnishing all plant, necessary engineering, labor, 1 tools, transportation, services, supervision, mate- rials and equipment required to complete Sched- ule I for the Palm Springs International Airport In- stallatlon of the equlpment will be performed by others. Copies of the installation documents (for reference)will be available from the City of Palm Springs Procurement Office. The Equipment (Work) involved includes the-fol- lowing; r SCHEDULE [ Furnish and Deliver a New 1,2501(w Emergency Standdby Generator Incces STATE OF CALIFORNIA OBTAININGIuOR INSPECTING io nBID DOCU- COURtyOfRiverside daNTSt- ed March 2,c20011ete set may be Bid obtained bta etl on, or after 5 20gq11 t the Gty of Palm Spring9s --- _ -' .---- - r'cure.. OffiC7rL0�Eestlebmwa;amryon - A 9222 2ay ='Pefmr Springs, C8 ,76 -323-8239, fax 70-32 - 3 f9 2; npohnone ndable deposit of $20.00 for each set, made payable to the City of Palm Springs.An additional charge of $15.00 will be made for plans mailed out.Such the and fees for plans and specif- cations to be mailed out must be addressed to the City of Palm Spprings Procurement Office, CA 0 East 9226E hq itzphone nyo780-323-8239 Palm pringax 760-322-8372. £ I am a citizen of the United States and a resident of Each Bidder must supply all information required ecifications. by the bid documents and s the County aforesaid;I am over the age of eighteen PROJECT ADVERTISEMENT - The coact was years,and not a party to or interested in the addvvertised for bid March 2, 2001 antl,March 15, above-entitled matter.I am theprincipal clerk of a I ASSIGNMENT OF CONTRACT-The Bidder's at- tention(a drawn to the fact that as a condition of printer of the,DESERT SUN PUBLISHING bidding the Clty of Palm Springs requires the. Successful Bidtler to acts t assignment of the COMPANY a newspaper of general circulation, resultant contract to the Mrieral Contractor to whom the construction(installation)contract shall printed and published in the city of Palm Springs, be awarded.Upon assignment to the construction County of Riverside and which newspaper has been (installation)contractor,all rights,duties, and obli- gations P Per gations of the Day under said procurement con- adjudged a newspaper of general circulation by the ' tract shall become the r, ts, duties and obliga- lions of the assig9nee, subject to ilia terms and Superior Court of the County of Riverside,State of condmns a eclfied In the(Installation)terms contract documents. P is anticipated that the construction California under the date of March 24,1988.Case ((installation general contract will be awarded Mayy 2001 and t�a assignment of the NEW EMERGEW Number 191236;that the notice,of which the CY STANDBY GENERATOR Procurement con- annexed is a printed copy(set in type not smaller tract award Will be made immediately following that than non ariel,has been published in each regular DELIVERY OF EQUIPMENT-Time is of the es- sence. The Equipment must be delivered within and entire issue of said newspaper and not in any 60 calendar days after commencement date stat- ed in the Notice To op. supplement thereof on the following dates,to wit: AWARD OF CON �a) The Equipment hereunder is $et forth in Bid' chedule L The award of contraXILdl y�based March 30th,A ail 12th on the lowest total bid.The City raserve"s"`Ifea.�agqtt��t, P to award any or all parts of the venous schad�es -----------------------—____—_--__ to the lowest responsive, responsible bidder, and-- --------- to retec[ all other bids, as it may best serve the interests of the City.The City reserves the right to waive an :formality in or to reject any or all por- tions of the various low bids from qualified con- tractor bid itema_The City further reserves the right after opening bids to react any or all bids, All in the year 2001 or to waive any minor informality(non-responsive- ness) in a bid.The award of the contract is sub- ject to the approval of the Federal Aviation Ad- ministration. I certify(or declare)under penalty of perjury that the The Sponsor further reserves the right to negoti- ate changes with the law bidder in the scope of foregoing is true and correct. project,extent of the equipment,or to increase or 12th decrease the size of the pre ect, if so desired, all to the beat Interest of the Owner,prior to award Dated at Palm Springs,California this----day of the contract. Additional information is included April BIDS TO REMAIN OPEN-The Bidder shall guar- amee the Total Bid Price for a period of 30 calen- of---------------------------------2001 dar days from the date of Bid Opening. WAGE RATE REQUIREMENTS All labor shall be pad no less than the minimum � ^ n wage rates established by the U.S Secretary of TRADE RESTRICTIONS- All solicitations, acts con- tracts and subcontracts resulting from projects Signature funded under ire must contain the foreiggn aloe restriction required by is o p Part rs If Go s Public Works Contracts to Suppliers of Goods Market Access to U.S. Contractors. procuremerrt Market Atones to U.S. Cepacl E The Aviation Safety and Capacity Expansion Act Of 1990'promtles that preference bbe given to steel and manufactured products produced in the Unit- , etl States when funds are expended pursuant to a grant issued under the Airport Improvement Proggram. ' EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS-Each bidder must complete, sign and furnish, poor to ..,ue. n e nr.n a 1Mu°nAriary Ciaiemenl rin Certificationo meegr e'Assurance of Dieativan agetl Business e Sh nter- pries PaTrticipation" as contained in the Bid Pro- s posal. heseItems muat be submitted with his or her bid. A Contractor having 50 or more employees and his or her subcontractors having 50 on more am- pployyees and who may be awarded a contract of $50,000 or more will be required to maintain an affirmative action program, the standards for which are contained in these specifications. --� ' The proposed contract is under and subject to I Executive Order 11246, as amended, of Septem- d` bar 24, 1965, and to the Equal Employment Op- -�-- f portuniry(EEO) and,Federal Labor Provisions. "t The EEO requirements, labor provisions, and viage,retes are included in the specifications and bid documents and are available for inspection at the Department of Building an tl Safety, City Hall, Palm 9prm a, Caldomia. To be eligabI for award, each bidder must com- C�1 ply with the affirm Ive action requirements which are contained in the specifications. Disadvantag9ed Business Enterprises (DBEs) as deflned In 49 CFR Pert 26 shall have the maxi- mum op pam portunity to cipate in the perfor- mance of contracts under this agreement.Conse- quentlyy,the DBE requirements of 49 CFR Part 26 apply to this agreement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of re- quirement for the emptoymem of minomies. RETAINAGE FROM PAYMENT -The Contractor mayy elect to receive 100 percent payments due untler the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City In accordance with the provi- sions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Con- - tractor, shall be valued by the City, whose deci- sion on valuation of the securities shall be final. 9eculitleeellgible for kroeelmem under Wa provi- sion shall be limited to those listed in Section 6430 of the Government Cade or bank or savings and loan certificates of dep�ai�. ADDRESS AND MARKING OF BIDS-The enve- lope enclosing the Bid shall be sealed and ad- dressed to the C, of Palm Sp In?a,and shalt be delivered or mailed to Harold E. Good, CPPO, Procurement Managger, at 3200 East Tahqultz Canyon Way,Palm Spit a,CA 92262.The enve- lope shall be plainly marketl in the upper left hand corner with the name and in of the Bidder STANDBY GENand hall ar E ATOR INCLUDINGw.rEALL AP- NAnONAL AI ANCPORT''for folPowed the datedate a d hour of opening Bids. PROJECT ADMINISTRATION -All communtca- Lions relative to this Equipment shall be directed to Mr. 32001tlEast Tahquitz 6any%yn Waryn,Man- ager, CA 92262, phone 760-323-82'�9, fax 760-322-8372.All questions relating to interpreta- tion of the Contract Documents or products must be submitted In writing, ten days prior to bid opening,and any reapponsas will be in the forth of written addenda to the Documents BY ORDER OF THE CITY OF PALM SPRINGS DATE:March 2,2001 CITY OF PALM SPRINGS BY Allen F Smoot Interim Director of Aviation City of Palm Springs,CA State of California PUB- March 30, April 12, 2001 x eyNIAY 3 ©1V�tiu J PROOF OF PUBLICATION This is space for County Cleric's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside ---'---------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen INo.8257 - --------"------------ years,and not a party to or interested in the CITY OF PALM SPRINGS RESOLUTION NO. 20046 above-entitled matter.I am the principal cleric of a OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AWARDING printer of the,DESERT SUN PUBLISIUNG THE INSTALLATION OF A 1,250 KW EMER- COMPANY a newspaper of l circulation, GENCY STANDBY GENERATOR FOR THE AIR- 1 Per genera PORT TERMINAL FACILITY f IP 3-06-0181-26, printed and published in the city of Palm Springs, S EJECT TO FAA APPROVAL TO BEECT RGLE3�TRIG CORPORATION County of Riverside,and which newspaper has been IN THE AMOUNT OF $795,000.00; DECLARE THE BID FROM BRUDVIK, INC. NON-RESPON- adjudged a newspaper of general circulation by the SIVE;APPOINT THE ASSISTANT CITY MANAG- ER - SPECIAL PROJECTS AS THE PROJECT Superior Court of the Comity of Riverside,State of ADMINISTRATOR,AND AUTHORIZE THE PRO- California under the date of March 24, 1988.Case JECT ADMINISTRATOR SUBJECT TO CITY MANAGER APPROVAL,TKO APPROVE CHANGE Number 191236;that the notice,of which the ORDERS UP TO 5°/6 OF THE TOTAL BASE BID. WHEREAS this project has received funding from annexed is a printed copy(Set in type not Smaller the Federal Aviation Administration via Airport Im- rovement Program I 26; and than non pnriel,has been published in each regular A ,00e andhad a pre-bid engineer's and entire issue of said newspaper and not inany estimate of$85 0WHEREAS the yy project yyhas been circulated for a supplement thereof on the following dates,to wit: receivedi fon iMay(30 2001,for bid 4 firms ids being ds ranging from$795,000.00 with an 11% Dlsadvan- toped Business Enterprise commitment; and —' May 24t11 NOW THEREFORE BE IT RESOLVED as follows: ----- -- ----- ------ ----- - --- - 1 That the Airport Emergency Standby Generator --------------------- ProlI act for the avp art terminal facility, (AIR 3-0fi-0181-26, City Project 2000-33) contract is hereby awarded, sub)et[ to Federal Aviation Ad- minstiatien approval to Bergqelectine Corporation ------------_-------____-------------_-------_-----------------_ in the amount of$7 5,000.00;and 2 The bid received from Brudvlk, Inc. is declared non-responsive as the bidder failed to sign the All in the year 2001 bld forms and acknowledge receipt of ell contract addendums; and 3. That the Assistance City Manager - Special I certify(or declare)under penalty of perjury that the Projects is hereby appointed as project adminis- trator, and foregoing is true and correct. 4ZeTdh That thhe Project Administrator is hereby autho- pprove Change Orders, suelect to City 24th -Manager approval, up to 5% of the total base bid. Dated at Palm Springs,California this--------------day ADOPTED this 6th dayy of May,2001. _AYES. Members He gas, Jones, Reller-Spurgin May and Mayor pro tem,Oden NOE& None ATTEST: CITY OF PALM SPRINGS, Of---------------------------------------2001 ABSENT: Mayor Weindienst J B City Clerk CALIFORNIA1%Ma j��/(/jq+/,� `{ 7- Gity Manager "--bY�r'�`J_.. ___-Y_ _ _______ PUS May REVIEWED4, 2001PPROVED AS TO FORM Signature _ — -- RESOLUTION NO. 20046 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AWARDING THE INSTALLATION OF A 1,250 KW EMERGENCY STANDBY GENERATOR FOR THE AIRPORT TERMINAL FACILITY (AIP 3-06-0181-26, CITY PROJECT 2000- 33), SUBJECT TO FAA APPROVAL, TO BERGELECTRIC CORPORATION IN THE AMOUNT OF $795,000.00; DECLARE THE BID FROM BRUDVIK, INC NON-RESPONSIVE; APPOINT THE ASSISTANT CITY MANAGER - SPECIAL PROJECTS AS THE PROJECT ADMINISTRATOR, AND AUTHORIZE THE PROJECT ADMINISTRATOR, SUBJECT TO CITY MANAGER APPROVAL, TO APPROVE CHANGE ORDERS UP TO 5% OF THE TOTAL BASE BID. WHEREAS this project has received funding from the Federal Aviation Administration via Airport Improvement Program 26; and WHEREAS the project had a pre-bid engineer's estimate of$850,000; and WHEREAS the project has been circulated for a period of thirty (30) day for bid with bids being received on May 3, 2001, from 4 firms with bids ranging from $795,000.00 to $1,450,000.00; and WHEREAS following careful review of the bids, the lowest responsive, responsible bidder has been determined to be Bergelectric Corporation at $795,000.00 with an 11%Disadvantaged Business Enterprise commitment; and NOW THEREFORE BE IT RESOLVED as follows: 1. That the Airport Emergency Standby Generator Project for the airport terminal facility, (AIP 3-06-0181-26, City Project 2000-33) contract is hereby awarded, subject to Federal Aviation Administration approval, to Bergelectric Corporation in the amount of$795,000.00; and 2. The bid received from Brudvik, Inc is declared non-responsive as the bidder failed to sign the bid forms and acknowledge receipt of all contract addendums; and 3. That the Assistant City Manager-Special Projects is hereby appointed as project administrator; and 4146 Res. No. 20046 Page 2 4. That the Project Administrator is hereby authorized to approve Change Orders, subject to City Manager approval,up to 5% of the total base bid. ADOPTED this 16th day of May , 2001 AYES: Members Hodges, Jones, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM 14620