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HomeMy WebLinkAboutA7029-1 Recording Requested By: City of Palm Springs 2018-0068733 02/23/2018 01:13 PM Fee: $ 0.00 When Recorded Mail To: Page 1 of 2 Recorded in Official Records County of Riverside Name Anthony J.Melia,City Clerk Peter Rldana rissessor—Cout y Clerk-Recorder Street Address 3200 E.Tahquitz Canyon Way 'III , , 1101111K,1011?rd r rill ll l City 8 State Palm Springs,CA 92262 2� SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code§§8180-8190,8100-8118,9200-9208) NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest of estate in the hereinafter described real property,the nature of which interest or estate is: Fee (e.g.fee,leasehold,joint tenancy,etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are: Name Street and No. City State City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 3. The name and address of the direct contractor for the work of improvement as a whole is: Condor, Inc.,3000 Durfee Avenue,El Monte,CA 91732 A109 4. This notice is given for(check one): 0 Completion of the work of improvement as a whole. ❑ Completion of a contract for a particular portion of the work of improvement(per CA Civ.Code§ 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement(as provided in CA Civ. Code §8186),the name and address of the direct contractor under that contract is: Not Applicable. 6. The name and address of the construction lender,if any,is: Not Applicable. 7. On the 17th day of January 2018 ,there was completed upon the herein described property a work of improvement as a whole(or a particular portion of the work of improvement as provided in CA Civ.Code§8186)a general description of the work provided: City Project 16-06,Swim Center Replaster and Pool Repairs 8. The real property herein referred to is situated in the City of Palm Springs County of Riverside State of California,and is described as follows: APN:502-200-002 9. The street address of said property is: 405 S.Pavilion Way 10. If this Notice of Completion is signed by the owner's successor in interest,the name and address of the successor's transferor is: Not applicable ___ _ I certify(or declare)under penalty of perjury under the laws of the State of Califor ' that the foregoing is true and correct. Date: 22�L o A By. Si ature of Owner or Owner's Authorized Agent-City E gineer for City of Palm Springs Thomas Garcia,City Engineer ©Porter Law Group,Inc.2013 Print Name,and Title Page 1 of 2 VERIFICATION I, Thomas Garcia state: I am the City Engineer _("Owner",'President', "Authorized Agent","Partner",etc.)of the Owner identified in the foregoing Notice of Completion.I have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 2 (date),at Palm Springs (city), CA (State). r A ZL- ignature of er or Owner's Authorized Agent Thomas Garcia,City Engineer A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF 4 Vta/de. On 21J!8 (date), before KIA18E LY S. FLOVD me, Notary Public(name and title of Commission*2127367 officer)personally appear i who proved i .p- Notary Public-California n to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare Riverside County subscribed to the within instrument and acknowledged to me that he/she/they executed the My Comm, Expires Oct t t, 20191 same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of 2 ignature pMs CITY OF PALM SPRINGS CONTRACT CHANGE ORDER cq<fFORN�P To: Condor, Inc. Date: December 22, 2017 300 Durfee Ave. Project No: 16-06 El Monte, CA 91732 Project: Swim Center RePlaster/Repair Change Order One (1) Purchase Order 18-0714 CHANGES IN WORK: New Items: A. Deck Anchors At the request of Swim Center staff the contractor was asked to provide pricing for installing equipment anchors in the pool deck. The Contractor will core drill the pool decking and install nine (9) equipment anchors (anchors provided by City), at various locations as directed. This new item of work is inclusive of all labor, materials and equipment necessary to complete the work, including but not necessarily limited to, coring the existing pool deck, setting anchors in place vertically at deck elevation, installation of bonding clamps and wire, installation of cementitious setting materials and any other appurtenant labor or materials as needed to install the anchors. This work will be performed at the Lump Sum/Agreed Price of$3,416.00. B. Provide and Install 30 New Light Rings Existing pool lighting fixtures were installed without mounting rings leaving underwater pool light un-secure. The Contractor will provide and install new light rings that can be used to properly attach the existing underwater light fixtures. This new item of work is inclusive of all labor, materials and equipment necessary to complete the work, including but not necessarily limited to, providing new brass light rings for all existing fixtures, installation of bonding wire, and all other fasteners, inserts, setting materials and any other appurtenant labor, materials or equipment as needed to install and bond the light rings in accordance with all applicable industry standards. This work will be completed at the Lump Sum/Agreed Price of$6,617.00. C. Remove and Re-install (30) Light Fixtures Bonding Fixtures to Deck Pull Boxes Existing pool light fixtures were installed without bonding wires. Bonding is the practice of intentionally electrically connecting exposed metallic items not designed to carry electricity as a protection from electric shock. The Contractor will bond all existing underwater lighting fixtures by installing bonding wire from the underwater light fixtures to the nearest deck pull box. The Contractor will also replace electrical cables for light cables that are too short to be placed on the pool deck for service. This item also includes the full replacement of five (5) LED light fixtures and light cables that are inoperable. This new item is inclusive of removal of the light fixtures, installation of bonding wires, extension of light cables where necessary, supplying and installing 5 new fixtures, including niche compounds, mechanical lugs, wire pulling, and any other appurtenant labor, Contract Change Order No. 001 DATE: 12/22/17 Page 2 materials or equipment necessary to complete the in accordance with all applicable codes and industry standards. This work will be performed at the Lump Sum/Agreed Price of$8,670.00 D. Remove and Replace Bulkhead and Handrail Anchors Prior to re-installing the existing bulkhead it is necessary for the anchors that hold the bulkhead down to be removed and replaced. The existing anchors are oxidized, bent and in various states of disrepair. Some handrail anchors are in the same condition and require removal and replacement with new escutcheon plates. This new item of work is inclusive of all labor, materials and equipment necessary to complete the work, including but necessarily limited to core drilling to remove the old anchors, replacement utilizing 5/8" x 4 V Hilti anchors, installation of bronze wedge anchors, installation of any required bonding clamps and bonding wires, installation of stainless steel escutcheon plates, cementitious setting materials and any other appurtenant labor or materials. This work will be performed at the Lump Sum/Agreed Price of$2,070.00. E. New Handrail The handrail at the entry into the shallow end is bent and in poor condition. It will be replaced at the Lump Sum/Agreed Price of$424.00. Note: All items are inclusive of all applicable mark ups and no additional compensation will be made for the completion of the additional work indicated herein. CHANGES IN COST: New Items: Item Description Quantity Unit Unit Cost A Deck Anchors 1 LS $3,928.40 B Light Rings 1 LS $7,609.55 C Lighting Bonding/Replacement 1 LS $9,970.50 D R/R Bulkhead and Rail Anchors 1 LS $2,380.50 E New Hand Rail 1 LS $424.00 Total $24,312.95 Total Net Change Order Amount: $24,312.95 CHANGES TO CONTRACT TIME: Five (5) Working Days will be added to the contract for the work indicated herein. It is agreed that agreed completion date of January 5, 2018 will not be delayed in order to complete this work. Contract Change Order No. 001 DATE: 12/22/17 Page 3 SOURCE OF FUNDS: �23,98&49 will be debited from account No. 261-1395-59490 Vx 7-4y t2.at SUMMARY OF COSTS: Original Contract Amount: $ 384,000.00 Original Completion 30 Days This Change Order: $ 24,312.95 Days Added 5 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 408,312.95 Revised Completion 35 Days [SIGNATURES ON NEXT PAGE] Contract Change Order No. 001 DATE: 12/22/17 Page 4 1 have received a copy of this Change Order and the above AGREED PRICES are acceptable to Condor. Inc. Sign a Date fie►- Y�Etss , �� %��s . Printed Name and Title Citv of Palm Springs 0 Recommended Bv: 1 i y -ty M%L- t$ Thomas Garci , City Engineer Date 1.t-0 ? I I., r/" Approved Bv: avid H. TROdy, City Manager Date Attest Bv: Aw °' 3, 2-oi, nthony rk Date Distribution: Original Conformed Copy: Conformed - File Copy: Contractor (1) Engineering Pay File (1) City Clerk (1) Project City File (1) Purchasing (1) Finance (1) APPROVED BY CITY MANAGER ' �+ tU f1� • • Missing or Incorrect Data? Visit zlien.com/fix - Reference Number: 1048438 PRELIMINARY 20 DAY NOTICE 1048438 IN ACCORDANCE WITH SECTIONS 8200 et seq., and 9300 et seq., CALIFORNIA E1VILCOD�, THIS IS NOT REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR «= SUBCONTRACTOR. This is Not a Lien. This is a notice required to be sent by State law to inform you of our iiWolv�*nt on a construction project. cn w NOTICE TO: NOTICE FROM: Claimant Property Owner POOLCORP CITY OF PALM SPRINGS 18201 N 25th Ave, Suite C-1 3200 E. TAHQUITZ CANYON WAY Phoenix, Arizona 85023 Palm Springs, CA 92262 Telephone: CITY OF PALM SPRINGS YOU ARE HEREBY NOTIFIED THAT the PO BOX 2743 CLAIMANT has furnished or will be furnishing Palm Springs, California 92263 labor, services, equipment, or materials, of the following general description: Pool equipment Direct Contractor 07°� and/or finishing material Condor, Inc 3000 Durfee Ave Services contracted for by Hiring Party: El Monte, California 91732 Condor, Inc 3000 Durfee Ave Surety El Monte, California 91732 PINNACLE SURETY & INSURANCE SRVCS 151 KALMUS DRIVE Ste A201 An estimate of the total price of the labor, COSTA MESA, CA 92626 services, equipment or material furnished or to be furnished is: $30,000.00 Bond Number (If Known): 54-218447 Property Address where labor, services, equipment, or materials are furnished or to be furnished ("Property"): 405 South Pavilion Way Palm Springs, California 92262 County: Riverside County Project Name / No (if any): Palm Springs Swim Center ! Important Notice on Reverse / Following Page NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. IMPORTANT: INFORMATION REQUEST PURSUANT TO §9550 et seq. If the public entity commissioning work and/or the surety are not identified in this notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §9550 et seq to deliver(i) The name and address of the public entity commissioning the work; and /or(ii)The name and address of the surety, if any; as the case may be; Further, if the direct contractor is not identified or is misidentified by this Notice, please consider this a formal request to any party receiving this notice to provide that information to the Notifying Party.Any information provided to the Notifying Party may be directed to the following address: POOLCORP c/o Mail Center 14525 SW Millikan Way, #7790 Beaverton, Oregon 97005-2343 CLAIMANT, POOLCORP Signed by Gillian Wilson Its duly authorized and disclosed agent Signed on January 24, 2018 Employee Trust Funds (and Laborers) If applicable, and pursuant to§8208 (b) of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b)of Section 8024)and/or laborers to which payments are due. • • Missing or Incorrect Data? Visit zlien.com/fix - Reference Number: 1051026 PRELIMINARY 20 DAY NOTICE 1051026 IN ACCORDANCE WITH SECTIONS 8200 et seq., and 9300 et seq., CALIFORNIA CIVIL CODE, THIS IS NOTA REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. This is Not a Lien. This is a notice required to be sent by State law to inform you of our involvement on a construction project. NOTICE TO: NOTICE FROM: Claimant Property Owner POOLCORP CITY OF PALM SPRINGS 18201 N 25th Ave, Suite C-1 3200 E. TAHQUITZ CANYON WAY Phoenix, Arizona 85023 Palm Springs, CA 92262 Telephone: CITY OF PALM SPRINGS YOU ARE HEREBY NOTIFIED THAT the PO BOX 2743 CLAIMANT has furnished or will be furnishing Palm Springs, California 92263 labor, services, equipment, or materials, of the A following general description: Pool equipment �\ALT.Direct Contractor and/or finishing material Condor, Inc 3000 Durfee Ave Services contracted for by Hiring Party: El Monte, California 91732 Condor, Inc 3000 Durfee Ave Surety El Monte, California 91732 PINNACLE SURETY & INSURANCE SRVCS 151 KALMUS DRIVE Ste A201 An estimate of the total price of the labor, COSTA MESA, CA 92626 services, equipment or material furnished or to be furnished is: $30,000.00 Bond Number (If Known): 54-218447 Property Address where labor, services, equipment, or materials are furnished or to be furnished ("Property"): 405 South Pavilion Way Palm Springs, California 92262 County: Riverside County Project Name / No (if any): Palm Springs Swim Center Replaster/ 16-06 Important Notice on Reverse / Following Page NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or(2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project,you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. IMPORTANT. INFORMATION REQUEST PURSUANT TO §9550 et seq. If the public entity commissioning work and/or the surety are not identified in this notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §9550 et seq to deliver(i) The name and address of the public entity commissioning the work; and /or (ii)The name and address of the surety, if any; as the case may be; Further, if the direct contractor is not identified or is misidentified by this Notice, please consider this a formal request to any party receiving this notice to provide that information to the Notifying Party.Any information provided to the Notifying Party may be directed to the following address: POOLCORP c/o Mail Center 14525 SW Millikan Way, #7790 Beaverton, Oregon 97005-2343 CLAIMANT, POOLCORP Signed by Gillian Wilson Its duly authorized and disclosed agent Signed on January 25, 2018 Employee Trust Funds (and Laborers) If applicable, and pursuant to §8208 (b)of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b)of Section 8024) and/or laborers to which payments are due. Missing or Incorrect Data? Visit zlien.com/fix - Reference Number: 1048438 PRELIMINARY 20 DAY NOTICE17 t> 1048438 ca © =m IN ACCORDANCE WITH SECTIONS 8200 et seq., and 9300 et seq., CALIFORNIA GIVIL�;O ; THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. This is Not a Lien. This is a notice required to be sent by State law to inform you of our involvement on a construction project. NOTICE TO: NOTICE FROM: Claimant Property Owner POOLCORP CITY OF PALM SPRINGS 18201 N 25th Ave, Suite C-1 3200 E. TAHQUITZ CANYON WAY Phoenix, Arizona 85023 Palm Springs, CA 92262 Telephone: CITY OF PALM SPRINGS YOU ARE HEREBY NOTIFIED THAT the PO BOX 2743 CLAIMANT has furnished or will be furnishing Palm Springs, California 92263 labor, services, equipment, or materials, of the L r following general description: Pool equipment q� � irect Contractor and/or finishing material Y'� Condor, Inc 3000 Durfee Ave Services contracted for by Hiring Party: El Monte, California 91732 Condor, Inc 3000 Durfee Ave Surety El Monte, California 91732 PINNACLE SURETY & INSURANCE SRVCS 151 KALMUS DRIVE Ste A201 An estimate of the total price of the labor, COSTA MESA, CA 92626 services, equipment or material furnished or to be furnished is: $30,000.00 Bond Number (If Known): 54-218447 Property Address where labor, services, equipment, or materials are furnished or to be furnished ("Property"): 405 South Pavilion Way Palm Springs, California 92262 County: Riverside County Project Name / No (if any): Palm Springs Swim Center / Important Notice on Reverse / Following Page • • Missing or Incorrect Data? Visit zlien.com/fix - Reference Number: 1051026 PRELIMINARY 20 DAY NOTICE 1051026 IN ACCORDANCE WITH SECTIONS 8200 et seq., and 9300 et seq., CALIFORNIA CIVIL CODE, THIS IS NOT REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. This is Not a Lien. This is a notice required to be sent by State law to inform you of our involvement on a construction project. NOTICE TO: NOTICE FROM: Claimant Property Owner POOLCORP CITY OF PALM SPRINGS 18201 N 25th Ave, Suite C-1 3200 E. TAHQUITZ CANYON WAY Phoenix, Arizona 85023 Palm Springs, CA 92262 Telephone: CITY OF PALM SPRINGS YOU ARE HEREBY NOTIFIED THAT the PO BOX 2743 CLAIMANT has furnished or will be furnishing Palm Springs, California 92263 labor, services, equipment, or materials, of the following general description: Pool equipment irect Contractor and/or finishing material Condor, Inc 3000 Durfee Ave Services contracted for by Hiring Party: El Monte, California 91732 Condor, Inc 3000 Durfee Ave Surety El Monte, California 91732 PINNACLE SURETY & INSURANCE SRVCS 151 KALMUS DRIVE Ste A201 An estimate of the total price of the labor, COSTA MESA, CA 92626 services, equipment or material furnished or to be furnished is: $30,000.00 Bond Number (If Known): 54-218447 Property Address where labor, services, equipment, or materials are furnished or to be furnished ("Property"): 405 South Pavilion Way Palm Springs, California 92262 County: Riverside County Project Name / No (if any): Palm Springs Swim Center Replaster/ 16-06 Important Notice on Reverse / Following Page NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or(2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. IMPORTANT: INFORMATION REQUEST PURSUANT TO §9550 et seq. If the public entity commissioning work and/or the surety are not identified in this notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §9550 et seq to deliver(i) The name and address of the public entity commissioning the work; and /or (ii)The name and address of the surety, if any; as the case may be; Further, if the direct contractor is not identified or is misidentified by this Notice, please consider this a formal request to any party receiving this notice to provide that information to the Notifying Party.Any information provided to the Notifying Party may be directed to the following address: POOLCORP c/o Mail Center 14525 SW Millikan Way, #7790 Beaverton, Oregon 97005-2343 CLAIMANT, POOLCORP Signed by Gillian Wilson Its duly authorized and disclosed agent Signed on January 25, 2018 Employee Trust Funds (and Laborers) If applicable, and pursuant to §8208 (b)of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b)of Section 8024)and/or laborers to which payments are due. • AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this W;6y of OG�hV 2017, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Condor, Inc., a California Corporation hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)for the Project entitled: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 The scope of work identified in the original bid documents advertised on June 8, 2017 has changed. The amended scope of work for the replastering and pool repairs at the Palm Springs Swim Center located at 405 S. Pavilion Way includes draining, removing and reinstalling the bulk-head, surface preparation, crack and leak repairs, plastering, minor tile work(as needed), curing, clean-up, and filing of the pool. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. MUD % BID PALM SPRINGS SWIM CENTER REPLASTER ANDIOR AGREEMENT AND POOL REPAIR PROJECT REBID AGREEMENT FORM CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 1 AUGUST 3,2017 ARTICLE 3-- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Three Hundred Eighty Four Thousand Dollars ($384,000). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID AGREEMENT FORM CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 2 AUGUST 3,2017 Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6-- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 -- NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID AGREEMENT FORM CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 3 AUGUST 3,2017 physical or mental disability, or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE 10 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID AGREEMENT FORM CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 4 AUGUST 3,2017 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA T-t- Date I By David H. Read City Manager Agreement No. �na ATTEST: By Yam. Kathleen D. Hart Interim City Clerk APPROV S FO By Edward Z. Kotkin City Attorney RECOMMENDED. ;i Thomas Garcia, P.E. City Engineer PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID AGREEMENT FORM CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 5 AUGUST 3,2017 CONTRACTOR By: Condor Inc., a California Corporation Firm/Company Name By: By: �{ Si notarized) Signature (notarized) Name: E:0'k X�gss Name: /�� ►1( IsS Title: C `(I"� 1ES Title: Pfvyso T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. (This Agreement must be signed in the above (This Agreement must be signed in the above space by one having authority to bind the space by one having authority to bind the Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.) State of , State of GA I County of ss County of ss On On 05�-� 1. ZOil beforeme, 4fL446 Arb before me, personally a peared ocu 14 615 personally appeared -NFnD E155 who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: %ti., 0 ,r0 Notary Signature: �. MA IA ALEGRIA A.CHAN Notary Seal: Commission#2098193 otary Seal: MARIA ALEGRIA A. CHAN a . Notary Public•California Commission#2098193 Z Los Angeles County i ,-d Notary Public.California z M Comm.Ex Ires Feb 4,201 Z Los Angeles County M Comm.Ex Tres Feb 4 2019 PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PAYMENT BOND CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 6 AUGUST 3,2017 c Bond No. 54-218447 Premium Listed on Performance Bond PAYMENT BOND—PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the"Contractor"), an agreement for the work described as follows: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 (hereinafter referred to as the"Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract)for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: United Fire &Casualty Company a corporation organized and existing under the laws of the State of Iowa and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Three Hundred Eighty Four Thousand &001100-------------------------------- Dollars ($ 384,000.00 ) said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PAYMENT BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 12 AUGUST 3,2017 PAYMENT BOND—PUBLIC WORKS (CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 29th day of September , 2017. CONTRACTOR: Condor, Inc. Check one: individual, _partnership, X corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY: By:Condor Inc By United Fire &Casualty Company signature signature iNOTARIZED) (NOTARIZED) Print Name and Title: Print Print Name and Title: ,tiisS Sf SJ6� Shawn Blume, Attorney-in-Fact By: w f signature (NOTARIZED) Print Name and Title: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PAYMENT BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 13 AUGUST 3,2017 PAYMENT BOND—PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ 14.40' per thousand, For the first$500m The total amount of premium charged: $5,530.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) United Fire &Casualty Company PO Box 73909 Cedar Rapids, IA 52407 (Name and Address of Agent or Pinnacle Surety& Insurance Services Representative for service of process in California if 151 Kalmus Dr., Ste A201 different from above) Costa Mesa, CA 92626 (Telephone Number of Surety and (319)399-5700 Agent or Representative for service of process in California) (714)546-5100 PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PAYMENT BOND CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 14 AUGUST 3,2017 PAYMENT BOND—PUBLIC WORKS Please see attached (CONTINUED) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of County of On before me, Date Name, Title of Officer personally appeared NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PAYMENT BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 15 AUGUST 3, 2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 42�-/ -�- before me, B. Copeland Notary Public, personally appeared Shawn Blume Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herftheir authorized capacity(ics), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the a laws of the State of California that the foregoing B.COPELAND paragraph is true and correct. Nolary Public-California ' Orange County n Commission»2187e50 WITNESS my hand and official seal. My Comm.Expires Apr 19,2021 r r Signature: Y —c� r ature of Notary Public Place Notary Seal Above i OPTIONAL _ _ _��-----�__��--------- ------- -� Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 UNITED FIRE:&CASUALTY COMPANY,CEDAR RAPIDS,fA UNITED FIRE'&INDEMNITY'COMPANY;:WtBS'I'ER,A Inquiries: Surety Department UM FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN„CA 118 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids,IA 52401 (original on file at Home Office of Company-See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE.&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa;UNITED FIRE&INDEMNITY COMPANY,a corporation duly organized.and.existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY;.a corporation duty organized and existing under the laws of the State of California (herein collectively called the Compames) and havim their corpwrate headquarters in Cedar Rapids,State of Iowa,does make constitute and appoint: JENNIFER GRENROOD, ERIC LOWEEY MARK ICHAR SON, WA. SSA COPELAND, SF4A,WN ,BLCIME, tf'EyIN �ATHCARTs EACH INDIVIDVALLY of COSTA MESA CA, their true and lawful Attorney(s)till-Fact with power and authority hereby conferred to sign,seat and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed^ $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant'to the authority hereby given and hereby ratified and confirmed. Tire Authority hereby granted is continuous and shall remain in full force and effect until revoked,by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly,adopted on May 15 2013,by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY;"'and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to he valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. ° " 1` `a� p \r Noeb IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its ,,, .,,,,,IIIIRI,I, Zc�cnRroa yr 0 °ts` .�Q, apcEOPPogq q��;vice president and its corporate seal to be hereto affixed this 7 t h day of August, 2014 e r44 CORPORATE ;s ,=G �;- ULP$ o= UNITED FIRE&CASUALTY COMPANY srat �� q y; c 1986 P 2= UNITED FIRE&INDEMNITY COMPANY aAPm`-:.�` 4a,;�•srFa,a..;�°` FINANCIAL PACIFIC INSURANCE COMPANY 4jglnnloaH� `�I„Uppp\\\I" By: _ State of Iowa,County of Linn,ss: '—� On 7th day of August, 2014, before me President personally came Dennis J. Richmann to me known;who being by me duly swam;did depose and say;that he resides in Cedar Rapids;State of Iowa; that he is a Vice President of UNITED FIRE&CASUALTY COMPANY,a Vice President of UNITED FIRE& INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuantto like authority,and acknowledges same o be the act and deed of said corporations' JN+t Judith A QaAs g Iowa Notarial Sear • Commission number 173041. Notary Public k My Commission Expires O V2312018 My commission expires:04/23/2018 I,David A:Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of ITED FIRE& INDEMNITY COMPANY, and Assistant;Secretary of FINANCIAL PACIFIC INSURANCE COMPAluY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the OI;IGINAI S ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,';and of the;;whole of the said originals,and that the said Power of Attorney has not been revoked and:is now in full force and effect. In testitn n whereof I have eunto subscri ed my name and affixed the corporate seal of the said Corporations this day of 20� aNnMulun., ' r\MIIIM„x,„„ :: a``�.7 �ii� �tyaa�tarp�Ta av�iC�to�Sf/q,�[q+� :W CORPDRAIE � =a tOgPOBATE &s r `_3UL?4,�"6- 1X S rz SEAL „ Intly I3y. `•L�y/R;'( o a < `P9 qg a` .secretary,OF&C IIIIIIIIIINP Assistant Secretary,OF&I/FPIC BPOAM49 01;15- bra 3847 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority Tars Is ro CEnTwy, That, pursuant to the Insurance Code of the State of California, UNITED FIRE & CASUALTY COMPANY of CEDAR RAPIDS, IOWA , organized under the laws of IOWA subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE, SURETY, PLATE GLASS, LIABILITY, WORKER' S COMPENSATION, COMMON CARRIER LIABILITY, BURGLARY, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, and MISCELLANEOUS. as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tnrs CEnTrrxcA�r-E is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended_ IN WrrNEss Wx=Eov, effective as of the.___. 11TH day of_____FEBRUARY _ __------ 79 81_, I have hereunto set my hand and caused my official seal to be affixed this_._.LITH. _. day of----- FEBRUARY ROBERT__C. QUINN - rna rs e Commissioner By V Depury NOTI . Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. FORM Ce•3 .avaf....s.'„fm cu.Q ef. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles } On 10/2/2017 before me, Maria Alegria A. Chan Notary Public, personally appeared Fred Weiss and Earl Weiss Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the , within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the MARIA AL-— A.CHAN laws of the State of California that the foregoing Commission# 2098193 paragraph is true and correct. 'a -o Notary Public-California = z Los Angeles County WITNESS iny hand and official seal. M Comm.Expires Feb 4 2019 Signature: Signature 6tNotary Public Place Notary Seal Above ------ -- OPTIONAL -- --------_— Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Payment Bond Type or Title of Document: Palm Springs Swim Center Replaster and Pool Repair Project Rebid Document Date: 9/29/2017 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 54-218447 PERFORMANCE BOND—PUBLIC WORKS Premium: $5,530.00 KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract'), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: United Fire &Casualty Company a corporation organized and existing under the laws of the State of Iowa and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of Three Hundred Eighty Four Thousand &001100----------------- Dollars ($ 384,000.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PERFORMANCE BOND CITY PROJECT NO. 16-06 AGREEMENTAND BONDS-PAGE 8 AUGUST 3,2017 PERFORMANCE BOND—PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 29th day of September 2017. CONTRACTOR: Condor, Inc. Check one: individual, _partnership, X corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Condor, Inc. SURETY: United Fire&Casualty Company By: By signature signature (NOTARIZED) (NOTARIZED) Print Name I and Title: nJ p^,� Print Name and Title: FURL yY�155. SSG 1 �-1�/1•�UA`�fL Shawn Blume,Attorney-in-Fact By. signature (NOTARIZED) Print Name and Title: -0ro u1�ss , � s10�•1 By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 "Default by the Contractor', as further amended by the Special Provisions. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PERFORMANCE BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 9 AUGUST 3,2017 PERFORMANCE BOND—PUBLIC WORKS (CONTINUED) The rate of premium on this bond is$14.40 per thousand. For the first$500m The total amount of premium charged: $5,530.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) United Fire& Casualty Company PO Box 73909 Cedar Rapids, IA 52407 (Name and Address of Agent or Pinnacle Surety& Insurance Services Representative for service of process in California if 151 Kalmus Dr., Ste A201 different from above) Costa Mesa, CA 92626 (Telephone Number of Surety and (319)399-5700 Agent or Representative for service of process in California) (714)546-5100 PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PERFORMANCE BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 10 AUGUST 3,2017 PERFORMANCE BOND—PUBLIC WORKS (CONTINUED) Please see attached ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of County of On before me, Date Name, Title of Officer personally appeared NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) istare 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID PERFORMANCE BOND CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 11 AUGUST 3,2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy, or validity of that document. State of California ) County of Orange ) On f��-Zbefore me, B. Copeland Notary Public, personally appeared Shawn Blume Nanre(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the B.CoPELAND laws of the State of California that the foregoing NotaryPutk-Calilcmia r paragraph is true and correct. Orange Coun y commisalor,2187550 WITNESS my hand and official seal. My Comm.Expires Apr 19.2021 i Signature: ature ofNolary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name Shawn Blume Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 UNITED FIRE.&c CASUALTY COMPANY,CEDAR RAPIDS,CIA UNITED FIRE&INDEMNITY COMPANY,WEBSTER,IN Inquiries: Surety Department f9VFINANCIAL PACIFIC INSURANCE COMPANY,ROCK,F,IN,CA I18 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids,IA 524ot (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE.&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE&INDEMNITY:COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly.organized and existing under the laws of the State of California (herein collectively called the Companies3 and having their corporate headquarters ih Cedar Rapids,State of Iowa,does make constitute and appoint JENNIFER GRENROOD, ERIC LOW Y . MARK RICHARDSON, VANESSA COPELAND,; SHAWN BLUME: KEVIN CATHCART:, EACH INDIVIDUALLY of COSTA MESA CA their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to'sign,seal and execute in its behalf all lawful bonds;undertakings and other obligatory instruments of similar nature provided that to single obligation shall exceed; $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly yadopted on May, 15`2013,by the Boards of Directors of UNITED FIRE'&CASUALTY COMPANY,UNITED FIRE& INDEMNITY COMPANY; and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI—Surety Bonds and Undertakings" Section 2„Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance':bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby,such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations'`set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or,any other officer of the Companies may at any time revoke all power and authority previously given to any anorney-in-fact. uumN i/4 k�...... Nsu.. . IN WITNESS WHEREOF,the COMPANIES have each caused these presents to he signed by its im,NN/ „uPnuNny, °o\F vice resident and its corporate seal to be hereto affixed this 7t h day of Au 2014 c i QP, °P90g4j. Cn,3 p rpo y August,9 CoRP°RATE '° CORPORAL z '<` Fo�= UNITED FIRE&CASUALTY COMPANY O' Renl :� SEAL =s r966 UNITED FIRE&INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY NNu1, ""q,n,nnnnUoO�"` By: _ State of Iowa,County of Linn,ss: V ice President On 7th day of August, 2014, before me personally came Dennis J. Richmann to me known,who being by me duly sworn,did depose and say; that he resides in Cedar Rapids,State of Iowa; that he is:a Vice President of UNITED FIRE&CASUALTY COMPANY, a Vice President of UNITED FIRE& INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations; that the seat affixed to the said'instrument'is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuantto like authority,and acknowledges some to be the act and deed of saidcorporations e JidithA.Davls Iowa Notarial Seat Commission number t41237 Notary Public are My Commission Expires 04/?372018 My commission expires:04/23/2018 1,David A Lange,Secretary of UNITED FIRE&CASUALTY.COMPANY and Assistant Secretary of AITED FIRE&INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify.that I have compared the foregoing copy of the Power of Attorneyand affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation&as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals and that:the said Power of Attorney has not been revoked and is now infull force and effect. In test eereof I hay er o subs ribed my name and affixed t orporate seal of the said Corporations this day 7 20 prMe`�6rrNNq/ pPNntNN/i a,d\"w�sne,, Q Z °a`\^�•t a C44aRP0Aq?"Wt�S //J} �W CO&p°RATP S� p°RYORAIE s z J Z a WLr z{ BY: Secretar'y U)&C Assistant Secretary,OF&I/FPIC BPOA0049 0115 N° 384'7 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS To CERTIFY, That, pursuant to the Insurance Code of the State of California, UNITED FIRE & CASUALTY COMPANY of CEDAR RAPIDS, IOWA , organized under the laws of IOWA subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE, SURETY, PLATE GLASS, LIABILITY, WORKER' S COMPENSATION, COMMON CARRIER LIABILITY, BURGLARY, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, and MISCF_LLANEOUS . as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. TINS CEWnFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the._-_. 117H clay of____ _FEBRUARY —_—--------- Ig_$1__, I have hereunto ,set my hand and caused my official seal to be affixed this. _.11TH_ .. day FEBRUARY----- of--------------------- ,IRA .ROBERT -C. QUINN - Inruraeca Commirafonar By li Deputy NOTIC Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. FORM C6.3 .a,m.,e„n•,00 au.nm. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On 10/2/2017 before me, Maria Alegria A. Chan Notary Public, personally appeared Fred Weiss and Earl Weiss Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona}whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the MARIA ALEGRIA A.CHAN laws of the State of California that the foregoing Commission# 2098193 paragraph is trite and correct. Z s m Notary Public•California Z z Los Angeles County ' WITNESS my hand and official seal. M Comm. Ex Tres Feb 4 2019 ` Signature: WALL Signs f Notary Public Place Notary Seal Above ---- - ---- OPTIONAL ----- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Performance Bond Type or Title of Document: Palm Springs Swim Center Replaster and Pool Repair Project Rebid Document Date: 9/29/2017 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Condor, Inc. as Principal, and United Fire&Casualty Company as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of: Ten Percent of the bid amount dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedules) of the City's Contract Documents entitled: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 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 included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall 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 attorney's fee to be fixed by the court. SIGNED AND SEALED, this 5th day of September 2017 EXECUTED FOR THE PRINCIPAL: EXECUTED FOR THE SURETY: Condor, Inc. United Fire&Casualty Company By By /t 7 gnature / Signature (NOTARIZED) (NOTARIZED) Print Name and Title: r Print Name and Title: Shawn Blume,Attorney-In-Fact By Signature (NOTARIZED) Print Name and Title: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BID BOND(BID SECURITY FORM) CITY PROJECT NO.16-06 BID FORMS-PAGE 12 AUGUST 3,2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 n�'n i,,a,�,n5,���„`n`nn�n•,�5;,;,•::,n�•�,:•�`n`n„ ���`�"n;;;.`��`,,.•;:rn •�,�h,,;�.��,,.,M1,n��•w�,,�.�„��„� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange f ) On "J5`�7- before me, B. Copeland Notary Public, personally appeared Shawn Blume Namc(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/tK+ authorized capacity(ies), and that by his/herhhcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify imder PENALTY OF PERJURY under the I s.COPEMD laws of the State of California that the foregoing Notary Public—Calilomia a paragraph is true and correct. Orange County cemmiExoresADr19,n 9 WITNESS m hand and official seal. Ll: My Comm.Expires Apr19,2021 Y Signature: S' ature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 UNITED FMR ,& tA3ifAL`i'k':C5MF'Al't V,CEDAR R#��#S,IA UNI KIDFIRE:&INDIN,1�fI .' CU1 A1` x�t STE ,TK Ingttlrlies Surety Department 11�lANCL4L I'r`Cin INSUi1 1TVG ' Q T1=ANi',I CI TN,CA )i$Secaad Ave SE CERT1 kED COPY OFFPO'>A'"OF AT770".I Y .' Cedar�taptds, A 53401 (original on file at home Office of Company—$ee Celiftcation) KNOW ALL PERSONS BY.THESE PRESENTS.That UNITED FUZZ.&CASUALTY COMPANY,a corporation duly organized and existing under the 1$ws of the State ttf Towa,UIsITTI D FIRE&IND I�1ITY COMPANY,a corporation d,y organized and existing under.the laws of the State of 1 exas;and FINANCIAL PACIFIC INSUFCA1�tCE lwOtwlPt�NY„a torparation duly organized and eXisfittg under the laws of tho Sfate.of California {herein oath ttiYel called the Comp es and then Co g�rate hea Inarters 1r Cedar RaR4ds;State of IGWay does make constitute and aint p ) rrpp pp JENNIF. RRlyNROQI?, ER1C Et1 MAMICHARD$t)1l, A SSA COpELsIhID, ShlAW1V BLUAtE, tCEVIN �AfHCA}tT; EA Ft I413 y QUALLY of Gf1 7A ',MESA CA.r; wo their true sail lavaful Attorneys)in Iran with power acid authority hei el*y'conferred Cd sigh seal and execute in its jiehalf a1l.tawful bonds,undertakings and other obligatory instruments ofshridar nature provided- Vao single obligation shad eRceod $Sp;Ol)0,000.Cr0 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all ofthe acts of said,Attorney,pprsuant to:.t authority hereby given and herelly ratified and,confirmed the Atrthiitii :hereby granted is 4ontinuous`and Shall repaain in lull f`orcb and effect until revoked by UNffE'D FIRE&CASUALTY,COMPANY, ;UNITED F tE.$c INDEMNITY<DbMPANY,A b EINAI�CItTI PAC I�INSURANQE COMPANY;' This power of Attorney is.made and exeoutedpurs4ti t+?and by authority of the following bylaw dufy adopted pn IWIay 15,`2t}13,by the BoaFds`of Directors of.UNITED FIRE& CASUALT�t C�MPAN , UNIIEl3 FIRE & INDEMNfiY COMPANY;and FINANCaA PACIFIC INSURAMTE COMPANY. "Article VI—Surety Bonds and Undertakings" Section 21., Appointment of Attomey-in-Fact. "The President or any Vice President,or any other officer of the Companies may;.from time to tutie appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bond undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Uorporafe lsea1,maybe affixed by#licsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such Signature gnd seal, " when so used being adopted by the Companies as the original signature of such officer and the original seal of the Compames;to bevand anal binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the.mitationsset forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such in&[ruments)ikid to attach the seat of the Companies thereto. The President or any Vice President,the Board of Directors of any other officer of thei.Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be sighed by its ' �c¢�K�'ci,,,as?,i' a\\\r\NnrpynnGi4 °\ 111NSU rro Qp�` Ppuq�., -, vice president and its corporate seal to be hereto affixed this 7 t h day of August `2014 • at , '= iciY R ct_ UNITED FIRE&CASUALTY COMPANY "i 3 s � - s•s _ UNITED FIRE&INDEMNITY COMPANY °+41Foa".P Y; FINANCIAL PACIFIC INSURANCE COMPANY ''HI/I,I�IHrI� sit' Stet' oflo#a County of Linn ss: ice President 0n< 7th day cif RUgust, 2014, before me personally came Dennis J. Richmann to the knots who tieing by me dulysworu,did depose and&ay;that he rasic}cs,in.Cedar Itagids„State of Iowa; that he i-,a Vice President of UI+TTI D ' FIRE&CASUALTY COMPANY,a Vice President of I NITED FIRE& 11415EMNI11 CO1vTt Nil and a Vice Piesideiit of FINANCIAL PACI7 TC INSURANCE COMPANY the co porattons,.described in and which executed the above instrument;that he knows the seal of said corporations;that the Seal affixed to the said lnstrume t is such cow_ ate seal,that it was sir.nixed pursuant to author,ry given by tl}e Board of Direofois of said corpiiFations and that he:srgned his tlante.theieko Pitt nE to 1i1ce itutftsint j,amd aGkttiAvtI— es same'tq be the aGt attd.deeil of Said eotptiFatwns Jud1�iA Da+r� CQmmisslon number 17Jo4i Notary Public MY commission Expire tl d sl ota, 2aly co rru ssion expires:04/23i2018 I,David A Lungs, Secretary of UNIT'M FII TE&C UALTY QOMPANY.and Assistant$ecrkg of D FIRE 84 INDEMNITY COMPANY, aitsl Assistant;`Slecretary of FTN ICIAI PACIFIC lNS>TRANCE; QMPANY Lla•hereby cer�ify;ttiat T have compare i the.fo"omg copy of the Power 4f Attorney and a dul t,aAd thd.cigpy o tI►e acttan o1 the bylaws dad tesoItmiuis of said Corporations m set Nth.i2i said Power of.Attot tey with the CtRlfyiltlALS ON 1 Ild IN T 1�[QME�I;F10E OR�AII3 CORI'O1�Aj IONS,and that the san1�ors tarred trao$cripts ttiereaf;and of the�vltple of the said origintaTs and that thi said Power of Attorney has`3�ot'been[evoked and is now utSult force aild effet`t. In fiYstimon tt Hereof I hity be ' to subscrThed y Heine grid afiliiaCed the etirpi3rate Seal of tf?e said Corporations this _'day ofirv/�i 20� .; �V�s rWa4r�9 NUlrulgw �apilriwruq,,,4 _3 - �d;�0 �''ia �d4•\wogkwyi/�6 c\++F�G'p� �„� -, icoar'�Mre9 coneoxua; F3 1, 4r3...��iX 2�q: i ;. ff �`Y fL1FpP T Full b (oreo+ nnirumMu+ , j _ - S .y.,s eCFetafX, Assiatarit secretary,OF&I/PPIC BP,OA0049 0l i 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 �M1M1M1M1M1M1M1M1M1M1M1M1M1��M1M1M1M1M1M1M1M1M1M1M1M1M1M1M1� �M1M1M1M1M1M1M1M1�M1M1M1M1M1M1M1M1M1M1M1M1M1M1M1M1M1���M1�M1�M1�M1��wM1��, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On 9/6/2017 before me, Maria Alegda A. Chan Notary Public, personally appeared Earl Weiss Name(s)of Signer(s) 11 who proved to me on the basis:®?satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the MARIA ALEGRIA A.CHAN laws of the State of California that the foregoing Commission*2098193 paragraph is true and correct. Notary Public-California = Los Angeles County WITNESS ind and officiahseal. M Comm.Expires Feb 4,2019' Signature: A� ct�, Signature otary Public Place Notary Seal Above ----------- OPTIONAL Though the information below is not required by law,it may prove val a to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Bid Bond for Palm Springs Swim Center and Pool Repair Project Rebid No. 16-06 Document Date: 9/5/2017 Number of Pages: 3 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ♦AM1l4/I/ //4/ M1/ .�/.hil/\A/\AM1/ M1ArIAI.A/ / /�inA/�/.h//.A/ /.IIM1AA/.AAAAA AM1/.//.I/./J/ //t IA/.AA/./ A/ /.FhhslM1h M1/1 M1/A I / /\/A/ Rev. 1-15 i BID PROPOSAL BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number None Date Number Date Number Date Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BID PROPOSAL CITY PROJECT NO. 16-06 BID FORMS-PAGE 2 AUGUST 3,2017 In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self- insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 9/6/2017 Bidder: condor, Inc. By: Eari we' Ignature) Title: Secretary/Treasurer PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BID PROPOSAL CITY PROJECT NO. 16-06 BID FORMS-PAGE 3 AUGUST 3,2017 LUMP SUM BID SCHEDULE PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 Description The scope of work of this Lump Sum Bid Schedule indicated for the Palm Springs Swim Center Replaster and Pool Repair includes all work identified in the Construction Plans titled: CITY OF PALM SPRINGS SWIM CENTER RE-PLASTER& POOL REPAIRS REVISED CONSTRUCTION DRAWING The scope of work of this Lump Sum Bid Schedule comprises replastering and pool repairs at the Palm Springs Swim Center. The scope of work shall include, but not limited to, obtaining Desert Water Agency temporary service and meter, draining of the pool, removing existing plaster to the gunite, removing and reinstalling existing bulk-head, replacing existing expansion joints and joint tiles, crack and leak repairs, high-pressure water blasting, hypo washing, surface preparation, plastering, minor tile work (as-needed), curing, clean-up, filing of the pool, and all appurtenant work as identified for the City of Palm Springs Swim Center Re-Plaster & Pool Repairs Revised Construction Drawing, as identified on Drawing Sheet A2.1 as illustrated in the Construction Plan, Special Provisions, and all other applicable General Notes, details, and associated information shown on the Drawings. Special Note: All work identified on the Construction Drawings, and required by the Special Provisions, shall be furnished, complete in place, including all associated trades, furnishing all fixtures and furnishings, construction of all site improvements, and completing all associated work necessary to deliver the improvements in complete working order. In submitting this Lump Sum Bid, the Bidder acknowledges that there will be no separate or additional payment made for completing the work required hereunder this Bid Schedule. TOTAL BID PRICE For the lump sum price of: $ 384,000.- (Price in figures) Three Hundred-Eighty-Four Thousand Dollars Even (Price in words) SPECIAL ACKNOWLEDGEMENT: The Lump Sum Price identified in this Bid Schedule identifies and commits the Bidder to a "Firm Fixed Price" cost, and all other incidental or additional costs required to complete the work as identified in the technical specification requirements. The Lump Sum Price is inclusive of all other costs, including all materials, supplies, labor, vehicles, equipment and ancillary costs required to complete the work. Condor, Inc. Name of Bidder or Firm PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 BID SCHEDULE AUGUST 3,2017 BID FORMS-PAGE 4 BIDDER'S LIST OF SUBCONTRACTORS As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non-responsive. A. BIDDER'S PORTION OF WORK Page 1 of 1 1. Name of Prime Contractor: Condor,Inc. 2. Bid Items/Portion of Work to be Self-Performed (if less than 100%of the contract): 3. Dollar Amount of Work Self- 4. Percentage of Work Self- 5. Date: Performed: $384,000.- Performed: I00% 9/6/2017 By signing the Bid Form,Contractor hereby certifies that it will perform not less than 50%of the Contract Work with its own forces. B. LIST OF SUBCONTRACTORS 1. Type of Subcontractor(Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: NONE 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: ❑ <$1 M ❑ <$5M ❑ <$10M 8. Amount of Contracted Work: 9. DIR Public Works Contractor ❑ < $15M ❑ >$15M Registration No: 10, Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: BIDDER'S LIST OF SUBCONTRACTORS— (Continued) PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID LIST OF SUBCONRACTORS CITY PROJECT NO. 16-06 BID FORMS-PAGE 5 AUGUST 3,2017 Copy this page as needed to provide a complete listing. Page_of 1. Type of Subcontractor(Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractors License No.: 7. Annual ross Receipts: ❑ <$1N1 El <$5M El <$10M 8. Amount of Contracted Work: 9. DIR Public Works Contractor ❑ <$ M ❑ >$15M Registration No: 10. Percentage of Contracted Work: 1 DBE Certification No.: 11. DBE Firm? El Yes ❑ No 1. Type of Subcontractor(Check One) ❑ First Tier; ❑ Second Tier; ❑ pplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name. 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractors icense No.: 7. Annual Gross Receipts: ❑ <$1 M ❑ <$5M ❑ <$10M 8. Amount of Contracted Work: 9. DIR P blic iWorks 6 Contractor ❑ < $15M El >$15M Registrati No: 10. Percentage of Contracted Work: 12. DBE Certification No.: 11. D E Firm? El Yes ❑ No 1. Type of Subcontractor(Check One) ❑ First Tier; ❑ Second Tier; O Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of rk: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: ❑ <$1 M ❑ <$51VI ❑ <$10M 8. Amount of ntracted Work: 9. DIR Public Works Contractor ❑ <$15M ❑ >$15M Registration No: 10. Perce a of Contracted Work: 12. DBE Certification No.: g 11. DBE Firm? El Yes ❑ No PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID LIST OF SUBCONRACTORS CITY PROJECT NO. 16-06 BID FORMS-PAGE 6 AUGUST 3,2017 LOCAL BUSINESS PREFERENCE PROGRAM -GOOD FAITH EFFORTS City Project No. 16-06 Bid Opening Date 9/6/2017 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", which states: The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. FAILURE TO IDENTIFY GOOD FAITH EFFORTS ON THESE FORMS MAY BE SUFFICIENT CAUSE TO FIND THE BID NON-RESPONSIVE. BIDDERS SHALL ENSURE ALL APPROPRIATE GOOD FAITH EFFORTS ARE IDENTIFIED. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: NIA - Due to the unique nature of this project only the Local firms listed below shall be needed. No Subcontractors can be used. All work will & must be self performed by Condor in-order-to insure minimum 50% requirement Also this will also insure the successful out come to this project in-as-much as Condor is the renowned expert in this field. Local firms that will furnish materials or supplies to the Bidder for this project: Plaster Material - SPP Palm Springs CA-505A 5700 -Indian springs Road Palm Springs,CA 92264,Phone: 760-325-6555 Equipment Rentals - United Rentals -36025 Cathedral Canyon Dr.,Cathedral City, CA 92234, Phone: 760-328-6573 Southern California Laborers Joint Apprenticeship Committee, 1385 W Sierra Madre Avenue Azusa, CA 91702, Phone: 626-610-1700 (Condor will request Coachella Valley Local workers only) PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 16-06 GOOD FAITH EFFORTS AUGUST 3,2017 BID FORMS-PAGE 7 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement N/A - Due to the unique nature of this project only the Local firms listed above shall be needed. No Subcontractors can be used. All work will &must be self performed by Condor in-order-to insure minimum 50% requirement. Also this will also insure the successful out come to this project in-as-much as Condor is the renowned expert in this field. B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation Local firms listed above have been identified as the only necessary firms to be used for this project N/A - Due to the unique nature of this project only the Local firms listed above shall be needed. No Subcontractors can be used. All work will & must be self performed by Condor in-order-to insure minimum 50% requirement. Also,this will also insure the successful out come to this project in-as-much as Condor is the renowned expert in this field. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO, 16-06 GOOD FAITH EFFORTS AUGUST 3,2017 BID FORMS-PAGE 8 C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N) Only the following three items could be made available to local firms without compromising the success of the project: Plaster Material $34,000.- 9% Equipment Rental $ 3,000.- 1% Local Union Labor Apprentices $25,000.- 7% D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: N/A Names, addresses and phone numbers of firms selected for the work above: Plaster Material - SPP Palm Springs,CA-505A,5700 -Indian Springs Road,Palm Springs,CA 92264,Phone: 760-325-6555 Equipment Rentals - United Rentals -36025 Cathedral Canyon Dr.,Cathedral City, CA 92234, Phone: 760-328-6573 Southern California Laborers Joint Apprenticeship Committee, 1385 W Sierra Madre Avenue Azusa CA 91702 Phone: 626-610-1700 (Condor will request Coachella Valley Local workers only) NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 16-06 GOOD FAITH EFFORTS AUGUST 3,2017 BID FORMS-PAGE 9 NON-COLLUSION DECLARATION The undersigned declares: I am the secretary/Treasurer of Condor, Inc. the (Title of Officer) (Firm/Company) party making the foregoing bid. The bid is, not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 9/6/2017 of El Monte California (Date) (City) (State) 4;:Signature- Earl Weiss PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID NON-COLLUSION DECLARATION CITY PROJECT NO. 16-06 BID FORMS-PAGE 10 AUGUST 3,2017 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms 'of compensation; and selection for training, including apprenticeship. We agree specifically: 1. To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM condor, Inc. NAME OF PERSON SIGNING Earl We' TITLE OF PERSON SIGNING Secretary/Treasurer DATE 9/6/2017 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. Condor, Inc.is an Equal Opportunity employer. No employee of the company will discriminate against an applicant for employment or a fellow employee because of race,creed,co or,religion,sex,national origin,ancestry,age or any physical or mental isa i i o employee of the company will discriminate against any applicant or fellow employee because of the person's veteran status.This policy applies to all employment practices and personnel actions including advertising,recruitment,testing,screening,hiring,selection for training,upgrading,transfer,demotion,layoff,termination, rates of pay and other forms of compensation or overtime Condor is a Small - Minority - Woman Owned Business Enterprise PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID NON-DISCRIMINATION CERTIFICATION CITY PROJECT NO. 16-06 BID FORMS-PAGE 11 AUGUST 3,2017 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Condor, Inc. as Principal, and United Fire&Casualty Company as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the"City" in the sum of: Ten Percent of the bid amount dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid ,Schedule(s) of the City's Contract Documents entitled: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID CITY PROJECT NO. 16-06 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 included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall 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 attorney's fee to be fixed by the court. SIGNED AND SEALED, this 5th day of September , 2017. EXECUTED FOR THE PRINCIPAL: EXECUTED FOR THE SURETY: Condor, Inc. ` United Fire&Casualty Company By By i gnature Signature (NOTARIZED) (NOTARIZED) Print Name and Title: r Print Name and Title: mil�L j'(IG`ISS SSG. "!'iCC'745. Shawn Blume, Attorney-In-Fact By Signature (NOTARIZED) Print Name and Title: PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BID BOND(BID SECURITY FORM) CITY PROJECT NO. 16-06 BID FORMS-PAGE 12 AUGUST 3,2017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 ;,•�,,�,n�!��•n,,n•,,;nnn"�r`n'i�:�„�`�n�•;,;,�;..,n..w.�w�w�;.�,.�,:;����-,.-;,-„�mow:-n,.n�.,�.�,.���,�..,,,�•r w,�.� _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 9L, —l]L before me, B. Copeland .Notary Public, personally appeared Shawn Blume Nante(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. a_ _ I certify under PENALTY OF PERJURY under the B.COPELAND laws of the State of California that the foregoing Notary Public-California L paragraph is true and correct. i Orange Canty a Commission#2187550 My Comm.Explres Apr 19.2021 WITNESS my hand and official seal. Signature: S ature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Shawn Blume Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 ........... J UNITED . ...... Juq41r6- D U14,1 Surety ((original on'file at Home Office of Company=See Certification) " `-' 5 KNOW ALL PERSONS BY THESE.PRESENTS,That UNITED F.w.&CASUALTY COM PANY,a roipqation duly organized and existing under FIRE& bMPA i"t h A 0,laws of the State Ot i4a; UNItED d'� . 41 existing NY,a corpora ion u .6 Q d Isting under ffi� aws of the SWe of �pui _:An p _ NCV rporatiol 049i inift the liwA;�bf ft� t&6,of Caloornii ;,.Tq'xas;and FINANCIAL PACIA&� ,v�` I . INS .-'COMPANW,ago' i dnf��orjokizid W; Ve y calked �(hereigpolhkti' I Ift'd tits C in =d havi their_pdmes n teir 0og h Uhrter i Cedar Ra"K% orate ej s n Pidistate: Of lo"_ does r c nstitutdandT JENNIFek OR6NROOD Ul, ir�� MA !SSA CQPEL. BLIIM I >N 1. EA IN SIr V. I A LY of COSTA. ESA their _�tl_ftd n, fth power authorityhereby d., Awfd bonds undertaking's _X 66tarrMto,,sigh,sea an exeruteinitstebdkifila .c . dfsifii��fia re prov single i t shall 6' d�-t'd: 00: and other kAo ilp" i6n s I , .'�. Xcee !. 5 000,000. and to bind the Companies thereby as fully and to the extentis if such instruments were,signed by the duly authorized officers of the Companies iuid all:'O.Tthe,acts of said Attorney, fta rii ereb��givqa and d d hereby ratified and confirmed ref ism iti 11 ,,aiid efredfunilrev6ked by VNITiD.PIRI.-k CA9VALTY, A The Autfioiit�.Iiereby. ;d is"'Oli 'u". gh'11 !VNJT`�D K OOMP A C IGINSURANCE COMPANY. This .01 f Attorney AS, g bylaw M e­�.Pursbwlo aiiO authority of the Boards duly 4dopted,On ay:15:20:13 by the Boar, of Directors Of 1117 COMPANY, UNI EfYFIPE & INMN�ICOMANV;�'Aod FINAWIAP'A�dVic iNsuRA "Article VI—Surety Bonds and Undertakings" Section 2;:A -in-Fact. "The President or any Vice President,or any other officer of the Companies may;., in Appointment of Attorney fm time to ..fte, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies:6iiiii I.,.; ... urAMe :bonds undertalungs and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Co rpbrate may ue affixed faicsimile to any power of attorney or special power of attorney or certification of either authorized hereby;suchgnature M ... 11 s Wben,iowkd,being adopted by the Companies as the original signature of such officer and the original seat of the 'd Compatudk to.be v an binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject ilfte,li 4 1 forth in their respective certificates of authority shall have full power to bind the Companies by their signature imitatio 'set and execution of any such _id to attach the seat of the Companies thereto. The President or any Vice President the Board of Directors any other.offlur of qhe Compa s may at any time revoke all power and authority previously given to any attorney-in-fact. ....... .... IN WITNESS WHEREOF,the COMPANIES have each caused these presents to 1*signed byg 0�'. C k N S U s 0 -�-6•....0,14N vice president and its corporate seal to be hereto affixed this 7th day of Aug 20 C RPIOUTIi. V Uiit�; 14 "?"CMItn 94.. IULYZz UNITED FIRE&CASUALTY COMPANY I; S�L 4� UNITED FIRE&INDEMNITY COMPANY `4 FINANCIAL PACIFIC INSURANCE COMPANY By: On' 7th tlay df August, 2014, before me personally came Vic President o" Dennis J. Richmarin xo ne known;whn.being by me duly sworn:did depose and say;that he•resdes in Cedar Rapids,State of Iowa;that.he-i$.a Vice Presided of I FIRE&CASUALTY COMPANY, a Vice President oftJNITEI?FIRE EMNrI`Y CoMiANY, and a Vice President of FlNk4 L PACIFIC INSURANCE COMPANY the corporations described in and which executed e above instrument;that he knows the seal of said corporations;that the seal rp ag se Riant,to auffi6rity given:bythe Bok:d Direc-for I sof said corporations and that hn:sigried 4. meat I&such cor orate sea �to the gai* . xt.W affixed h 01=1 :Porpor his natae to 0"" es be i o ns • wmlolon number i73. 041 My 846n ExplrpgbW23120'18 Notary'-ublid y commission expires:04/23/2619" 1,David A 1:AnA-Seqft COMPANY and Amistant Scoicqtary of ITED FIRE INDEMNITY COMPANY, .. ry:of U .NITP FIRE&C &W Assistant„Start PACIFIC 6 'qy� hi�ebi idAf 'i Thave co4in kl th t f the*POW r 4f tYttoruey and a3ltdavit,atom the;espy csf the:Section of the bylaws•andesolutiona artery ANC AL y�$f FIN 1%. URANCE,4�QMPA 0 said r the 19 f t� that(he CE t 0 the:` 0 e sail ongtgtals,<and first the said P¢Wetof Attoney has't>;ot'been['evoked amid i§now ui:full force and el3feet, ' seal.of the et�nidCorporations,e� te op rtiftnt bbdA, p,SE 9JA 240 true aQ the idi�th h same CIA E :# 44V ll W 4- V CIF a�a.+i. P, � ,.s%,u :, ;� ,r,sea ,�� y G��eG� /� G Sec,r" BPaA004 AssistantSecretary,UF&I/FP1d , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 �n�n^n^n�n'rn`�n`^n�n`�n`n�n`n�`:.�nlnnnn nnnnnnnnnnnnnnn`:.'+.�n`iv.�.nnnnnnnnnnnnnnnnnnn nnnnn..'�n..�nnnnnnnnnnn nnnn A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On 9/6/2017 before me, Maria Alegria A. Chan Notary Public, personally appeared Earl Weiss Names)of Signer(s) who proved to me on the basis-of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the MARIA ALEGRIA A. - - laws of the State of California that the foregoing I Commission#2098193 paragraph is true and correct. <e Notary Public-California = Los Angeles County WITNESS m d and officiahseal. M Comm.Wires Feb 4,2019 Signature: Signature otary Public A. Plats Notary Seal Above OPTIONAL ------- Though the information below is not required by law,it may prove val a to persons relying on the document and could present fraudulent and reattachment of this form to another document Description of Attached Document Type or Title of Document: Bid Bond for Palm Springs Swim Center and Pool Repair Project Rebid No. 16-06 Document Date: 9/5/2017 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑General ❑ Partner: [-]Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: .nnnnnnnnnnnnnnnnnnnnnnnnn.�nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn Rev. 1-15 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Condor, Inc. 3000 Durfee Avenue, E1 Monte, CA 91732 Telephone Number: ( 621 ) 455-0050 Facsimile Number: ( 626 ) 455-0070 E-Mail: earl®condor-inc.com Tax Identification Number: 71-0811235 2. TYPE OF FIRM Individual Partnership Corporation (State CA ) Yes Minority Business Enterprise (MBE) Yes Women Business Enterprise (WBE) Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business 3. CONTRACTOR'S LICENSE: Primary Classification A, B, C53 State License Number(s) 812288 Supplemental License Classifications 4. BUSINESS LICENSE: Yes No License No.: TBD 5. Surety Company and Agent who will provide the required Bonds: Name of Surety United Fire & Casualty Company Address P.O. Box 73909, Cedar Rapids, IA 52407 (319)399-5700 Surety Company Pinnacle surety & Insurance Services Telephone Numbers: Agent (714-) 546-5100 Surety ( 800 ) 371-8067 California 916-630-3841 PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 16-06 BID FORMS-PAGE 13 AUGUST 3,2017 BIDDER'S GENERAL INFORMATION (Continued) 6. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Fred Weiss President Earl Weiss Secretary/Treasurer Janice Ohta CEO 7. Number of years experience as a contractor in this specific type of construction work: is 8. List at least three related projects completed to date: a. Owner Morgan Hill USD Address 15600 Concord Circle, Morgan Hill, CA 95037 Contact Anessa Espinosa Class of Work C53- Swimming Pool Phone 408-201-6087 Contract Amount $279 195.00 Sobrato HS Swimming Pool Project Replaster & Lighting Date Completed 8/4/2017 Retrofit Contact Person Anessa EsninosaTelephone number 401-201-6187 b. Owner city of Lompoc Address 100 civic Center Plaza, Lompoc, CA 93438-8001 Contact Jason Rojas Class of Work C53- Swimming Pool Phone8o5-875-8265 Contract Amount $481,559.00 Project Lompoc Aquatic Center Date Completed 2/23/2017 Contact Person Jason Rojas Telephone number 805-875-8265 C. Owner City of Alhambra Address 111 South First Street, Alhamhra, CA 91801 Contact Brianna McCarthy Class of Work C53- Swimming Pool Phone 626-570-5090 Contract Amount $ 199,400 Project Alhambra Park Pool Date Completed 5/3/2017 Rep astering Project Contact Personarie Houghton ITelephone number 626-570-3297 9. Name of Project Manager/Superintendent: Rodolfo Mora 10. Name(s) of person(s) who inspected job site: Fred Weiss PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 16-06 BID FORMS-PAGE 14 AUGUST 3,2017 City of Palm-Springs, CA t canaacAnO wft B1� CT Bld Act . - Vendors& Bid Amounts PROJECT NAME: M E P.4, DUE DATE: DESCRIPTION: 3 � i Total of ali BId.Schedule items tressed B . t� 'heck A License - License Detail Page 1 of Contractor's License Detail for License # 812288 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071,17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. Business Information CONDOR INC 3000 DURFEE AVENUE EL MONTE, CA 91732 Business Phone Number:(626)455-0050 Entity Corporation Issue Date 09/09/2002 Expire Date 09/30/2018 License Status _ . This license is current and active. t All information below should be reviewed. Classifications A- GENERAL ENGINEERING CONTRACTOR B-GENERAL BUILDING CONTRACTOR C53-SWIMMING POOL Bonding Information Contractor's Bond This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY. Pond Number:WCL1216476 Pond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual FREDERICK JOHN WEISS certified that he/she owns 10 percent or more of the voting stock/membership )nterest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 09/09/2002 Workers'Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9114513 Effective Date: 10/04/2014 Expire Date: 1 0/0412 0 1 8 Workers'Compensation History Other ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetait.aspx?LicNum=812288 10/3/201 'heck A License - License Detail Page 2 of Personnel listed on this license(current or disassociated)are listed on other licenses. ttps://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicNum=812288 10/3/201