Agenda — Hemet City Council, March 25, 2025 (part 3 of 9)

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 City of Hemet -– Final Conditions of Approval 
EOT 19-004 FOR TTM NO. 36892 – RIVER OAKS RANCH

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I:\COMMON\PLAN\Projects\EOT\2019\EOT 19-004 for TTM 36892 (MAP 15-005) River Oaks\PC and CC\PC 09.17.2019\Final COA PC 9.17.19.docI:\COMMON\PLAN\Projects\EOT\2019\EOT 19-004 for TTM 36892 (MAP 15-005) River Oaks\PC and CC\PC\COA PC 9.17.19.doc
107.110. MM HAZ-2: The following uses/activities are not included in the proposed project and shall be prohibited at this site:
a. Any use or activity which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator.
b. Any use or activity which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
c. Any use or activity which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, composting operations, production of cereal grains, sunflower, and row crops, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.)
d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 108.111. MM HAZ-3: The “Notice of Airport in the Vicinity” shall be provided to all prospective purchasers of the proposed lots and to tenants of the homes thereon.
109.112. MM HAZ-4: Any new detention basin(s) on the site shall be designed so as to provide for a maximum 48- hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in and around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping. 110.113. MM NOI-1: Attic vents that directly face subject roadways, shall include an acoustical baffle to prevent vehicle noise intrusion. The Contractor may install similar measures to provide noise reduction.
111.114. MM NOI-2: For proper acoustical performance, all exterior windows, doors, and sliding glass doors must have positive seal and leaks/cracks must be kept to a minimum.

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 City of Hemet -– Final Conditions of Approval 
EOT 19-004 FOR TTM NO. 36892 – RIVER OAKS RANCH

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31. Construction is allowed on Saturdays between the hours of 7:00 a.m. and 6:00 p.m. year-round. Construction on Sundays is prohibited. 114.117. MM NOI-5: During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 115.118. MM NOI-6: The contractor shall locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the Project site during all Project construction.
116.119. MM NOI-7: Idling equipment shall be turned off when not in use. 117.120. MM NOI-8: Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
118.121. MM TRA 1: The applicant shall participate in the funding or construction of offsite improvements that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of Hemet Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population increases.
119.122. MM TRA 2: At the time of construction of the Project, the applicant/developer shall be responsible for design and construction of a traffic signal at the Elk Street/Stetson Avenue intersection.

END

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WARRANTY AGREEMENT
THIS WARRANTY AGREEMENT (“Agreement”) is entered into this day of February, 2025, by and between the City of Hemet, a Municipal Corporation, hereinafterreferred to as “City,” and DR. Horton Los Angeles Holding Company, Inc., a California corporation,hereinafter referred to as “Developer.” The City and Developer are sometimes hereinafter referred to as “Party” and collectively as the “Parties.”
NOW,

RECITALS
WHEREAS, Developer has completed construction of the public improvements required for Subdivision No. 36889, hereinafter referred to as the "Project," located within the corporate limits of the City; and
WHEREAS, the Developer is required to guarantee and warrant the public improvements against any defective work or labor done, or defective materials furnished, for a period of one (1) year following their completion and acceptance by the City.

THEREFORE, the Parties agree as follows:
. Warranty Period: The Developer guarantees and warrants all work performed and materials furnished for the Project for a period of one (1) year from the date of acceptance of the Required Improvements by the City (“Warranty Period”).

Scope of Warranty: The warranty covers any defects in materials or workmanship that may arise during the Warranty Period. Developer agrees to repair or replace any defective or unsatisfactory work at no cost to the City.

Noti?cation and Repair: Upon noti?cation by the City of any defects or de?ciencies, Developer shall promptly, and at its own expense, correct the defect to the satisfaction of the City Engineer. All repairs or replacements must be completed within 60 days of noti?cation.

City's Right to Repair: If the Developer fails to make necessary repairs within the speci?ed time, or if urgent repairs are necessary to protect public safety or prevent further damage, the City may perform the repairs at Developer's expense. Developer shall reimburse the City for the cost of such repairs plus twenty-?ve percent (25%) for administrative costs within thirty (30) days of billing.

Security: Developer shall provide a Warranty Security in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements as determined by the City Engineer. This security ensures the Developer’s obligation to repair defects during the Warranty Period and covers any City fees incurred during this period.

Release of Security: Any unused portion of the Warranty Security may be released one (1) year after acceptance of the Required Improvements by the City, provided that all known defects have been corrected to the satisfaction of the City Engineer.

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NGELES HOLDING

7. Indemni?cation: The Developer shall indemnify, defend, and hold harmless the City, its of?cers, employees, agents, and boards from any claims, losses, or damages arising out of any defects in the work performed or materials supplied by the Developer.

8. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any disputes arising hereunder shall be resolved in the appropriate court within Riverside County, California.

9. Integration and Modi?cation: This Agreement constitutes the entire agreement between the Parties regarding the warranty obligations for the Project and supersedes all prior agreements or understandings. This Agreement may only be modi?ed by a written instrument signed by the Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year ?rst-above written.

CITY OF HEMET DEVELOPER
CITY MANAGER D.R HORTON LOS COMPANY, INC
By By
ATTEST:

CITY CLERK
By
APPROVED AS TO FORM:

CITY ATTORNEY
By
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36889
The land referred to herein below is situated in the City of Hemet, in the County of Riverside, State of California, and is described as follows:

TRACT MAP 36889 AS SHOWN BY MAP ON FILE IN BOOK 481, PAGES 49-55 OF MAPS, BOTH RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

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EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 36889
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submittedthe below described security in the amounts required by this Agreement, and has af?xed the appropriate signatures thereto:

SUBDIVISION WARRANTY OBLIGATION BOND: $ 447,625.00
Surety: Berkley Insurance Company
Attomey—in—fact:Noah William Pierce
Address: 475 Steamboat Road
Greenwich, CT 06830

WARRANTY AGREEMENT

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BOND NO. 0267448
PREMIUM: $895.00

CITY OF HEMET
TRACT MAP NO. 36889

SUBDIVISION WARRANTY OBLIGATION BOND
WHEREAS, The City Council of the City of Hemet, State of California, and, DR. Horton Los Angeles Holding Company ("Principal") have entered into an agreement dated (the "Agreement") which is incorporated herein by referenced, in which Principal has agreed to warrant and guarantee the installation and maintenance of certain designated public improvements; and
WHEREAS, under the terms of the Agreement, Principal is required to ?le before acceptance of improvements by the City of Hemet a good and suf?cient payment bond with the City of Hemet to secure the performance of its warranty and guarantee obligation under the Agreement.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held ?rmly bound unto the City of Hemet in the sum of Four Hundred Forty Seven Thousand Six Hundred Twenty Five and 00/100 Dollars ($447,625.00) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agreement.

This bond shall be and remain in full force and effect, and shall indemnify and hold harmless the City of Hemet, its of?cers, agents and employees until all warranty or guarantee time periods required under the Agreement following performance of all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto have expired as to the Principal, his or its heirs, executors, administrators, successors or assigns.

Upon ful?llment of the obligations set forth in the Agreement as speci?ed above, this obligation bond shall become null and void.

As a part of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees including reasonable attorney's fees incurred by the City of Hemet in successfully enforcing this obligation, as may be awarded by a court of competent jurisdiction in any judgement upon this bond. The surety hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the Agreement or the speci?cations accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.

IN WITNESS WHEREOF, this instrument, for all purposes be deemed an original, having been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 11th day of February, 2025.

AGREEMENT

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PRINCIPAL
DR. Horton Los Angeles Holding Company
(NOTARIZATION AND SEAL)
SURETY
Berkley Insurance Company
Noah William Pierce, Attomey-In-F S
(NOTARIZATION AND SEAL)
NOTE: PLEASE ATTACH NOTARY ACKNOWLEDGMENT AND POWER OF

ATTORNEY

WARRANTY AGREEMENT

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GINGERLOVET'T
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor other officercompletingthis certificateverifiesonlythe identity ofthe individualwhosigned the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California
County of RiverSIde
On February 14, 2025 before me] Ginger Lovett, Notary Public Date Here Insert Name and Title of the Of?cer
personally appeared Jon J- Myhre
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person?) whose name?) is/ai?esubscribed to the within instrument and acknowledged to me that he executed the same in MSW authorized capacityOex), and that by his/Kétr??KiKsignaturem on the instrument the persona), or the entity upon behalf of which the persona) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Place Notary Seal and/or Stamp Above of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name Signer’s Name:

El Corporate Officer — IIICorporate Officer — Title(s):

E Partner— El Lim Partner— D Limited [I General
[I Individual El Attorney in Fact El Individual El Attorney in Fact III Trustee III Guardian or Conservator El Trustee El Guardian or Conservator II! :1 Other:

Representing: Signer is Representing:
©2019 National Notary Association

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Canesch

STATEOF NORTHCAROLINA
COUNTYOF ROWAN:

I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and officialseal this day of
Notary Seal
Bryan M i, Notary Public
My Commission Expires on the 4thday of April, 2027

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POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, having its principal of?ce in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Noah William Pierce or Jynell Marie Whitehead of Willis Towers Watson Southeast, Inc. of Tampa, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected of?cers of the Company at its principal of?ce in their own proper persons.

This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of con?icts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Of?cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in—factnamed therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to af?x the corporate seal of the Company to powers of attorney executed pursuant hereto; and said of?cers may remove any such attomey-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations speci?cally named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokesall previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile to any power of attorney or certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually af?xed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of?cer or of?cers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. of November
Attest:

CERTIFICATE
IN WITNESS WHEREOF, the Company has caused these presents be signed and attested by its appropriate of?cers and its corporate seal hereunto af?xed thi528_thday
Insurance
By
Executive Vice President 8.:Secretary

STATE OF CONNECTICUT )
) ss: COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticutthis 28th day of 2023 , by Ira S. Ledennan and Je?iey M. Ha?z: who are sworn to me to be the Executive Vice and Senior Vice President, respectively, of Berkley Insurance Company. :94

CONNECTICUT
ww?m?l?é?mm Public, State Connecticut
1,the undersigned, Assistant Secretary of BERKIEY INSURANCECOMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded authority of the Attomey-in—Factset forth therein, who executed the bond or to which this Power of is in full force and effect as of this date.
my hand and seal ofthe Company, this 11th day of 2025 . 197')

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WARRANTY AGREEMENT
THIS WARRANTY AGREEMENT (“Agreement”) is entered into this day of February, 2025, by and between the City of Hemet, a Municipal Corporation, hereinafter referred to as “City,” and DR. Horton Los Angeles Holding Company, Inc., a California corporation, hereinafter referred to as “Developer.” The City and Developer are sometimes hereinafter referred to as “Party” and collectively as the “Parties.”
NOW,

RECITALS
WHEREAS, Developer has completed constructionof the public improvements required for Subdivision No. 36890, hereinafter referred to as the "Project," located within the corporate limits of the City; and
WHEREAS, the Developer is required to guarantee and warrant the public improvements against any defective work or labor done, or defective materials fumished, for a period of one (1) year following their completion and acceptance by the City.

THEREFORE, the Parties agree as follows:
. Warranty Period: The Developer guarantees and warrants all work performed and materials ?arnished for the Project for a period of one (1) year from the date of acceptance of the Required Improvements by the City (“Warranty Period”).

Sc0pe of Warranty: The warranty covers any defects in materials or workmanship that may arise during the Warranty Period. Developer agrees to repair or replace any defective or unsatisfactory work at no cost to the City.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year ?rst-above written.

CITY OF HEMET DEVELOPER
CITY MANAGER DR. HORTON LOS ANGELES HOLDING COMPANY, INC By: By
ATTEST:

CITY CLERK
By
APPROVED AS TO FORM:

CITY ATTORNEY
By:

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36890
The land referred to herein below is situated in the City of Hemet, in the County of Riverside, State of California, and is described as follows:

TRACT MAP 36890 AS SHOWN BY MAP ON FILE IN BOOK 482, PAGES 5-12 OF MAPS, BOTH RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

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EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 36890
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submitted the below described security in the amounts required by this Agreement, and has af?xed the appropriate signatures thereto:

SUBDIVISION WARRANTY OBLIGATION BOND: $ 370,375.00
Surety: Berkley Insurance Company
Attorney-in-fact: Noah William Pierce
Address: 475 Steamboat Road
Greenwich, CT 06830

WARRANTY AGREEMENT

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BOND NO. 0267449
PREMIUM: $741.00

CITY OF HEMET
TRACT MAP NO. 36890

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held ?rmly bound unto the City of Hemet in the sum of Three Hundred Seventy Thousand Three Hundred Seventy Five and 00/100 Dollars ($370,375.00) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agreement.

Upon ful?llment of the obligations set forth in the Agreement as speci?ed above, this obligation bond shall become null and void.

WARRANTY AGREEMENT

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ATTORNEY

WARRANTY AGREEMENT

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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor other officercompletingthis certificate verifies onlythe identityofthe individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California
County of Rrversrde
On February 14, 2025
Date
d
Jon J. Myhre
before me,
personally appeare
Ginger Lovett, Notary Public
Here Insert Name and Title of the Of?cer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person?) whose nameos) is/KEEsubscribed to the within instrument and acknowledged to me that he executed the same in MSW authorized capacityOex), and that by hismmmxsignaturem on the instrument the persona), or the entity upon behalf of which the persona) acted, executed the instrument.

NNM
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Sig
of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

El Corporate Officer — Titl
III Partner — El Lim
El Individual
El Tru
General
Attorney in Fact
Guardian or Conservator
ner is Representing:
@2019 National Notary Association
Number of Pages:

Signer’s Name
III Corporate Officer — Title(s):

El Partner— El Limited El General
El Individual III Attorney in Fact
E1 Trustee El Guardian or Conservator
El Other:

Signer is Representing:

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STATEOF NORTHCAROLINA
COUNTYOF ROWAN:

Witness my hand and officialseal this day of
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4thday of April, 2027

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No. BI-7756m-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, having its principal of?ce in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Noah William Pierce or Jynell Marie Whitehead of Willis Towers Watson Southeast, Inc. of Tampa, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 US. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected of?cers of the Company at its principal of?ce in their own proper persons.

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Of?cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to af?x the corporate seal of the Company to powers of attorney executed pursuant hereto; and said of?cers may remove any such attomey-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations speci?cally named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and further
RESOLVED, that the signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile to any power of attorney or certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually af?xed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of?cer or of?cers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. of November

CERTIFICATE
IN WITNESS WI-IEREOF, the Company has caused these presents be signed and attested by its appropriate of?cers and its corporate seal hereunto a?ixed thisZ?hday
Attest'. Insurance
By
Executive Vice President & Secretary

STATE OF CONNECTICUT )
) ss: COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 28th day of 2023 , by Ira S. Lederman and Jel?-ey M. Haftcr who are sworn to me to be the Executive Vice and Senior Vice Presiden t respectively, of Berkley Insurance Company. 53‘
CONNECT|CUT
”w??s?é’ipm Public, State Cannecticut
I, the undersigned, Assistant Secretary of BERKLEY INSURANCECOMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded authority of the Attorney-in-Fact set forth therein, who executed the bond or to which this Power of is in full force and e?ect as of this date.
my hand and seal of the Company, this 11th day of 2025 .

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WARRANTY AGREEMENT
THIS WARRANTY AGREEMENT (“Agreement”) is entered into this day of February, 2025, by and between the City of Hemet, a Municipal Corporation, hereinafter referred to as “City,” and DR. Horton Los Angeles Holding Company, Inc., a California corporation,hereinafter referred to as “Developer.” The City and Developer are sometimes hereinafter referred to as “Party” and collectively as the “Parties.”
NOW,

RECITALS
WHEREAS, Developer has completed construction of the public improvements required for Subdivision No. 36891, hereinafter referred to as the "Project," located within the corporate limits of the City; and
WHEREAS, the Developer is required to guarantee and warrant the public improvements against any defective work or labor done, or defective materials furnished, for a period of one (1) year following their completion and acceptance by the City.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year ?rst-above written.

CITY OF HEMET DEVELOPER
CITY MANAGER D.R. HORTON ANGELES HOLDINGCOMPANY, iNC
By: By:

ATTEST:

CITY CLERK
By:

APPROVED AS TO FORM:

CITY ATTORNEY
By:

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36891
The land referred to herein below is situatedin the City of Hemet, in the County of Riverside, State of California, and is described as follows:

TRACT MAP 36891 AS SHOWN BY MAP ON FILE IN BOOK 481, PAGES 56-62 OF MAPS, BOTH RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

AGREEMENT

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EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 36891
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submitted the below described security in the amounts required by this Agreement, and has af?xed the appropriate signatures thereto:

SUBDIVISION WARRANTY OBLIGATION BOND: $ 419,125.00
Surety: Berkley Insurance Company
Attorney-in-fact: Noah William Pierce
Address: 475 Steamboat Road
Greenwich, CT 06830

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BOND NO. 0267450
PREMIUM: $838.00

CITY OF HEMET
TRACT MAP NO. 36891

SUBDIVISION WARRANTY OBLIGATION BOND
WHEREAS, The City Council of the City of Hemet, State of California, and, DR. Horton Los Angeles Holding Company ("Principal") have entered into an agreement dated (the "Agreement") which is incorporatedherein by referenced, in which Principal has agreed to warrant and guarantee the installation and maintenance of certain designated public improvements; and
WHEREAS, under the terms of the Agreement, Principal is required to ?le before acceptance of improvements by the City of Hemet a good and suf?cient payment bond with the City of Hemet to secure the performance of its warranty and guarantee obligation under the Agreement.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held ?rmly bound unto the City of Hemet in the sum of Four Hundred Nineteen Thousand One Hundred Twenty Five and 00/100 Dollars ($419,125.00) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agreement.

Upon ful?llment of the obligations set forth in the Agreement as speci?ed above, this obligation bond shall become null and void.

WARMNTY AGREEMENT

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DR. Horton Los Angeles Holding Company
(NOTARIZATION AND SEAL)
SURETY
Berkley Insurance Company
Noah William Pierce, Attomey-In-F S
(NOTARIZATION AND SEAL)
NOTE: PLEASE ATTACH NOTARY ACKNOWLEDGMENT AND POWER OF

ATTORNEY

WARRANTY AGREEMENT

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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor other officercompletingthis certificate verifiesonlythe identityofthe individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityofthat document.

State of California
County of RiverSIde
On February 14, 2025 before me, Ginger Lovett, Notary Public Date Here Insert Name and Title of the Of?cer
personally appeared Jon J. Myhre
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personm) whose name?) islm subscribed to the within instrument and acknowledged to me that he executed the same in WSW authorized capacityOex), and that by his/KetrXKKKsignaturem on the instrument the persona), or the entity upon behalf of which the persona) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

NNAI
WITNESS my hand and official seal.

Signature
Place Notary Seal and/or Stamp Above of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer's Name:

El Corporate Officer — I:I Corporate Officer — Title(s):

El Partner— III Limited III Partner— III Limited El General El Individual El Attorney in Fact El Individual III Attorney in Fact El Trustee III Guardian or Conservator III Trustee El Guardian or Conservator III Other:

Sign Representing: Signer is Representing:
@2019 National Notary Association

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STATEOF NORTHCAROLINA
COUNTYOF ROWAN:

Witness my hand and officialseal this day of
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4thday of April, 2027
202.3

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m‘be
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N0. BI-7756m-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, having its principal of?ce in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Noah William Pierce or Jynell Marie Whitehead of Willis Towers Watson Southeast, Inc. of Tampa, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 US. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected of?cers of the Company at its principal of?ce in their own proper persons.

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Of?cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to af?x the corporate seal of the Company to powers of attorney executed pursuant hereto; and said of?cers may remove any such attomey-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations speci?cally named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile to any power of attorney or certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually af?xed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of?cer or of?cers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 1NWITNESS WI-IEREOF,the Company has
corporate seal hereunto af?xed thi528_thday of
Attest:

By
Executive Vice President & Secretary

STATE OF CONNECTICUT )
) as: COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 28th day of 2023 , by Ira S. Lederman and Je?i‘ey M. Hatter who am sworn to me to be the Executive Vice and Senior Vice President, respectively,of Berkley Insurance Company “A?g?ma?gm
cO?o?CJlfé’E A | las: . ”V x Pubhc, State APHILso.2024 Connecticut

CERTIFICATE
Lthe undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing 15 a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded authority of the Attomey-in—Fact set forth therein, who executed the bond or which this Power of 2025 .
caused these presents signed and attested by is appropriate of?cers and its Insurance
to
is in full force and effect as of this date.
my hand and seal of the Company, this 11th day of

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WARRANTY AGREEMENT
THIS WARRANTY AGREEMENT (“Agreement”) is entered into this day of February 2025, by and between the City of Hemet, a Municipal Corporation, hereinafter referred to as “City,” and DR. Horton Los Angeles Holding Company, Inc., a California corporation, hereinafter referred to as “Developer.” The City and Developer are sometimes hereinafter referred to as “Party” and collectively as the “Parties.”
NOW,

RECITALS
WHEREAS, Developer has completed construction of the public improvements required for Subdivision No. 36892, hereinafter referred to as the "Project," located within the corporate limits of the City; and
WHEREAS, the Developer is required to guarantee and warrant the public improvements against any defective work or labor done, or defective materials furnished, for a period of one (1) year following their completion and acceptance by the City.

Page l

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LO ANGELES HOLDING

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year ?rst-above written.

CITY OF HEMET DEVELOPER
CITY MANAGER D.R. HORTON COMPANY, INC.

By By
ATTEST:

CITY CLERK
By:

APPROVED AS TO FORM:

CITY ATTORNEY
By:

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 36892
The land referred to herein below is situatedin the City of Hemet, in the County of Riverside, State of California, and is describedas follows:

TRACT MAP 36892 AS SHOWN BY MAP ON FILE IN BOOK 483, PAGES 39-48 OF MAPS, BOTH RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

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EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 36892
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submitted the below described security in the amounts required by this Agreement, and has af?xed the appropriate signatures thereto:

SUBDIVISION WARRANTY OBLIGATION BOND: $ 422,000.00
Surety Berkley Insurance Company
Attomey-in-fact: Noah William Pierce
Address: 475 Steamboat Road
Greenwich.CT 06830

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BOND NO. 0267451
PREMIUM: $844.00

CITY OF HEMET
TRACT MAP NO. 36892

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held ?rmly bound unto the City of Hemet in the sum of Four Hundred Twenty Two Thousand and 00/100 Dollars ($422,000.00) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agreement.

Upon ful?llment of the obligations set forth in the Agreement as speci?ed above, this obligation bond shall become null and void.

As a part of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees including reasonable attorney's fees incurred by the City of Hemet in successfully enforcing this obligation, as may be awarded by a court of competent jurisdiction in any judgement upon this bond. The surety hereby stipulate s and agrees that no change, extension or time, alteration or addition to the terms of the Agreement or the speci?cations accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.

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PRINCIPAL
DR. Horton Los Angeles Holding Company
(NOTARIZATION AND SEAL)
SURETY
Berkley Insurance Company
Noah William Pierce, Attomey—In-F S
(NOTARIZATION AND SEAL)
NOTE: PLEASE ATTACH NOTARY ACKNOWLEDGMENT AND POWER OF

ATTORNEY

WARRANTY AGREEMENT

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CALIFORNIA ACKNOWLEDGMENT CIVILCODE § 1189
Anotary publicor other officer completingthis certificateverifiesonlythe identityofthe individualwho signed the document to whichthis certificate is attached.and not the truthfulness, accuracy, or validityofthat document.

State of California } County of RiverSIde
On February 14, 2025 before me, Ginger Lovett, Notary Public Date Here Insert Name and Title of the Of?cer
d
Jan J. Myhre personally appeare
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personf?) whose name?) is/amé subscribed to the within instrument and acknowledged to me that he executed the same in WSW authorized capacityOes), and that by his/Kmmggnaturem on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the
laws of the State of California that the foregoing
GINGERLOVEIT paragraph is true and correct. _ Notary Public- California g RiversideCounty WITNESS my hand and official seal.

Commission# 2402317
Comm.ExpiresApr 27, 2026
Signature
Place Notary Seal and/or Stamp Above of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: mber of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer‘s Name: Signer’s Name
[I Corporate Officer — Title(s): III Corporate Officer — Title(s) El Partner— El Limited [1 El Partner— El Limited [II General El Individual ey in Fact El Individual El Attorney in Fact El Trustee El Guardian or Conservator El Trustee D Guardian or Conservator III Other: El Other:

Signer presenting: Signer is Representing
©2019 National Notary Association

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3::wa363,
g:gnesc

STATEOF NORTHCAROLINA

COUNTYOF ROWAN
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal this day of
Notary Seal
Bryan hi, Notary Public
My Commission Expires on the 4thday of April, 2027

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V?xe‘r'c-l» 5’1”;
No. BI-7756m-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, having its principal of?ce in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Noah William Pierce or Jynell Marie Whitehead of Willis Towers Watson Southeast, Inc. of Tampa, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 US. Dollars (U.S.$50,000,000.00), t0 the same extent as if such bonds had been duly executed and acknowledged by the regularly elected of?cers of the Company at its principal of?ce in their own proper persons.

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Of?cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey—in-factnamed therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to af?x the corporate seal of the Company to powers of attorney executed pursuant hereto; and said of?cers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations speci?cally named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile to any power of attorney or certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually af?xed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of?cer or of?cers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

Attest‘.

By
Executive Vice President 8: Secretary

STATE OF CONNECTICUT )
) ss: COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticutthis 28th day of 2023 , by Ira S. Lederman and Jeffrey M. Hatter who are sworn to me to be the Executive Vice and Senior Vice President, respectively,of Berkley Insurance Company. E“ m coc?’t‘l‘éfcl'feulma APRILso.am Connecticut

CERTIFICATE
Lthe undersigned, Assistant Secretary
true, correct and complete copy of the original revoked or rescinded authority of the Attorney-in-Fact which this Power of
2025 .

IN WITNESS WHEREOF, the Company has caused these presents be signed and attested by is appropriate of?cers and its corporate seal hereunto af?xed thi52_8t?day of
Insurance
Public, State
of BERKLEYJNSURANCECOMPANY, DO HEREBYCERTIFY that the foregoing is a Power of Attorney; that said Power of Attorney has not been set forth therein, who executed the bond or to
is in full force and e?ect as of this date.
my hand and seal of the Company, this 11th day of

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Kurt Mikolaycik, Facilities Supervisor, Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Allison Mechanical Inc. for Replacement of Six Heating Ventilation and Air Conditioning (HVAC) Units at the Covell Fire Department Administration Building and Authorizing the City Manager to Execute all Necessary Documents Related to the Agreement and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation from General Fund Reserves in the Amount of $168,850.00 Including a 10% Contingency
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

BACKGROUND:

The Public Works Department is responsible for maintaining the facilities of the City of Hemet, including the Covell Fire Department Administration building. Currently, the Covell Fire Department Administration building requires a replacement of its existing HVAC system which consists of six units. The current six HVAC units are over 20 years old with one unit currently not repairable and three units operating at less than 80% capacity.

California OSHA regulations require that office buildings comply with ventilation standards to ensure adequate airflow and maintain comfortable temperatures. When indoor temperatures reach 82°F or higher, specific requirements come into effect, including the need for designated cool-down areas and measures to prevent heat illness. These requirements are outlined in Title 8, California Code of Regulations, Section 5143, which addresses mechanical ventilation systems.

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This past summer, the facility experienced complete failures on two HVAC units that made the HVAC system unable to sufficiently cool the building during the summer heat. Staff was able to make emergency repairs to these two units and properly cool the building to limp through the 2024 season but a full replacement is recommended prior to the 2025 summer heat.

ANALYSIS:

This project involves removing and replacing all six HVAC split units from the roof of the Covell Fire Administration Building with new energy-efficient units.

A Request for Informal Bid was placed on Planet Bids on February 12, 2025, and 37 vendors were notified. On March 6, 2025, the Procurement Administrator received 10 bids, as summarized below.

Company Name Total Cost
Allison Mechanical Inc. $153,500.00
KMA HVAC & Construction $154,600.00
F.M. Thomas Air Conditioning $156,700.00
MESA Energy Systems $158,151.00
Simco Mechanical $159,850.00
Pacific West Air Conditioning $159,970.00
Sangar Builders Inc $174,288.00
Quantum Heating & AC $175,000.00
C.E. Mechanical, Inc $179,868.07
Direct AC $189,120.00
Informal bid procedures were followed in conformance with the Public Contracts Code.

Staff recommends that the City Council approve the proposed agreement for the HVAC system replacement at the Covell building with Allison Mechanical Inc. in an amount not to exceed $153,500.00, authorize the Administrative Services Director to establish a supplemental appropriation in the amount of $168,850.00, including a 10% contingency, and authorize the City Manager to execute all necessary documents related to the proposed agreement.

DISCUSSION:

The City of Hemet Covell Fire Department Administration Building is located at 510 E Florida Ave. It currently houses the Fire Department Administration staff and the Department of Life Safety staff which includes Code Enforcement and Building & Safety. Public Works recommends the replacement of the current HVAC system prior to the coming summer.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

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FISCAL IMPACT:

Staff is requesting a supplemental appropriation of $168,850.00, including a 10% contingency, from the General Fund reserve balance. The balance is sufficient to cover this supplemental appropriation request.

Appropriations are requested for both the General Fund and for Facilities Maintenance. The Facilities Maintenance Internal Service Fund will purchase the equipment (Account 685-4560-5400), and General Fund will reimburse the Facilities Fund.

ALTERNATIVE(S):

1. Do not approve the proposed agreement and appropriation.

2. Provide alternate direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution Awarding Covell HVAC Replacement Attachment 2 - Bid Summary
Attachment 3 - Bids Received
Attachment 4 - Allison Mechanical - HVAC Replacement at Covell - 2025-075

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CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
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11 12
13 14
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19 20
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25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT
WITH ALLISON MECHANICAL INC. FOR REPLACEMENT

OF SIX HEATING VENTILATION AND AIR

CONDITIONING (HVAC) UNITS AT THE COVELL FIRE

DEPARTMENT ADMINISTRATION BUILDING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

NECESSARY DOCUMENTS RELATED TO THE

AGREEMENT AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH
A SUPPLEMENTAL APPROPRIATION IN FUND 685

FROM GENERAL FUND RESERVES IN THE AMOUNT OF
$168,850.00 INCLUDING A 10% CONTINGENCY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Public Works Department is responsible for the maintenance of the City of Hemet facilities, including the Covell Fire Department Administration Building; and
WHEREAS, the Covell Fire Department Administration Building currently needs replacement of the existing HVAC equipment and related components; and WHEREAS, the current HVAC units are in poor condition and not anticipated to perform at an acceptable level through another summer; and WHEREAS, an Invitation for Bid was posted on February 12, 2025 notifying 37 potential vendors on Planet Bids and the City received bids from 10 vendors on March 6, 2025; and

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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, City staff determined that Allison Mechanical Inc was the lowest responsive and responsible bidder offering the best overall value to the City to replace the six HVAC units and related components at the Covell Fire Department Administration Building; and
WHEREAS, staff recommends the City Council authorize a supplemental appropriation of $168,850.00, including a 10% contingency, from general fund reserves to fund this work.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. RECITALS - The above recitals are all true and correct.

SECTION 2. APPROVAL - Approves the agreement for repair services with Allison Mechanical Inc to replace the six HVAC units.

SECTION 3. AUTHORIZATION - Authorizes the City Manager to execute all documents related to this agreement.

SECTION 4. APPROPRIATION - Authorizes the Administrative Services Director to establish a supplemental appropriation from General Fund reserves in the amount of $168,850.00, including a 10% contingency, to account 685-4560-5400 to fund the project.

SECTION 5. EFFECTIVE DATE - This Resolution shall become effective upon adoption of this resolution.

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CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED AND ADOPTED this 25th day of March, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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9 10
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13 14
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17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 25th day of March, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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of Hemet
Results for Project HVAC Upgrade at Fire Department Administration Building ed on 02/12/2025
Due on March 06, 2025 3:00 PM (PST)
orted on 03/06/2025
Totals (Unit Price * Quantity)
Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Lump Sum Pricing LS 1 $153,500.00 $153,500.00 $154,600.00 $154,600.00 $156,700.00 $156,700.00 $158,151.00 $158,151.00 $159,850.00 $159,850.00 $159,970.00 $159,970.00 $174,288.00 $174,288.00 $175,000.00 $175,000.00 $179,868.07 $179,868.07 $189,120.00 $189,120.00 $153,500.00 $154,600.00 $156,700.00 $158,151.00 $159,850.00 $159,970.00 $174,288.00 $175,000.00 $179,868.07 $189,120.00 $153,500.00 $154,600.00 $156,700.00 $158,151.00 $159,850.00 $159,970.00 $174,288.00 $175,000.00 $179,868.07 $189,120.00 Allison Mechanical Inc. KMA HVAC & CONST F.M. Thomas Air Cond MESA Energy Sys/EMCOR Serv Simco Mechanical Pacific West Air Conditioning SANGAR BUILDERS INC Quantum Heating & AC C.E. Mechanical, Inc. Direct AC

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CITY OF HEMET

INVITATION FOR BID

HVAC UPGRADE AT FIRE DEPT ADMINISTRATION BUILDING
Date of Issue:

February 12, 2025
Question Deadline:

February 26, 2025 by 3:00 pm
Mandatory Pre-Bid Meeting:

February 20, 2025 at 10:00 am
Bid Due Date:

March 6, 2025 by 3:00pm
Bid Delivery Method & Location:

Electronically on PlanetBids
Responses must be received no later than the date, time and location indicated above for the receipt of bids. Late submission of responses shall not be considered. Submittal of response by fax is not acceptable. Note: This bid does not constitute an order for the services specified.

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1 TABLE OF CONTENTS
I. BRIEF OVERVIEW ...................................................................................................... 2 II. GENERAL INSTRUCTIONS....................................................................................... 2 III. SCOPE OF WORK .................................................................................................... 5 IV. BIDDER REQUIREMENTS ....................................................................................... 6 V. BID DOCUMENTS REQUIRED.................................................................................. 6 i. BID COVER SHEET ................................................................................................. 7 ii. BID SHEET .............................................................................................................. 8 iii. REFERENCE SUBMITTAL FORM.......................................................................... 9 iv. LOCAL VENDOR PREFERENCE......................................................................... 10 v. BID SECURITY FORM FOR CHECK .................................................................... 11 vi. BID SECURITY FORM FOR BOND...................................................................... 12 VI. EXHIBIT “A” ........................................................................................................... 13 VII. ATTACHMENT “A”................................................................................................ 21

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2 CITY OF HEMET

INVITATION FOR BID

HVAC UPGRADE AT FIRE DEPARTMENT ADMINISTRATION

BUILDING
I. BRIEF OVERVIEW
The City of Hemet is seeking a qualified Contractor to provide the removal and replacement of 6 Lennox 5-ton split HVAC units and replace with 6 new 5-ton HVAC split units, including all necessary labor, equipment, tools, and materials to perform the project at the City of Hemet Fire Dept Administration Building located 510 E Florida Ave within Hemet’s city limits, in accordance with the included bid specifications.

II. GENERAL INSTRUCTIONS

1. To be considered a responsive bid, Bidder must comply with all instructions and specifications as outlined in this Invitation for Bid (IFB). Bid response will be binding and firm.

2. It is the Bidder’s responsibility to examine and fully familiarize themselves with the specifications and the nature of the work required. The Bidder shall have no claim against the City based upon ignorance of the project’s requirements, site conditions, specifications, and/or Agreement provisions (Sample Agreement – Attachment A).

3. By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
a. The City’s specifications will become part of the agreement between the selected Bidder and the City of Hemet;
b. The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications; c. The City reserves the right to solely judge the Bidder’s representations and to determine whether the Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether the Bidder is qualified to perform the project, shall be final, binding and conclusive; d. This bidding process does not commit the City to award any Agreement, and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid;

4. False, incomplete, or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bid.

5. The City reserves the right to change any part of these instructions to Bidders and specifications any time prior to the bid opening date and time. Any changes shall be communicated and recorded in the form of addenda via PlanetBids notification and will become part of the bid documents and subsequent Agreement. A Bidder’s failure to address the requirements of the addenda may result in rejection of their bid. If the City

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3 determines that a time extension is required for the bid, the addenda will indicate the new submission date and time.

6. All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public and any blanket statement (i.e., regarding the entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

All records, documents, drawings, plans, specifications and other materials submitted by an applicant in its proposal, and during the course of any work awarded, shall become the exclusive property of the City of Hemet, and may be subject to release as a public record pursuant to the provisions of the California Public Records Act (Government Code section 6250 et seq.) The City of Hemet’s use and disclosure of its records are governed by this Act.

The City of Hemet will accept information clearly labeled “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARTY” as determined by the submitting party in accordance with the Act. However, under no circumstances, will the City of Hemet be responsible or liable to the applicant or any other party for the disclosure of any such labeled information.

The City of Hemet will not advise as to the nature or content of documents that may be entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definitions of “Trade Secret,” “Confidential,” or “Proprietary.”
If litigation is brought under the California Public Records Act concerning documents submitted in response to this IFB, the appropriate parties shall indemnify, defend, and hold harmless the City of Hemet from all costs and expenses, including reasonable attorney fees, in such litigation.”

7. The Agreement shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsible and responsive, the following will be considered:

Responsive:
a. All documents requested within this IFB have been completed and submitted before due date/time.

Responsible:
b. Bidders ability, capacity, and skill
c. Bidder’s facilities and resources
d. Bidder’s character and reputation
e. Bidder’s record of performance with the City

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4 f. Bidder’s compliance with laws, regulations, guidelines, and orders governing prior contracts performed by the Bidder.

8. Bidders shall not be allowed to take advantage of any errors or omissions in these instructions to Bidders or specifications. Revised instructions will be provided, if such error or omission is discovered and brought to the attention of the City.

9. Pricing shall include all federal, state, local and other taxes.

10. All general or bidding inquiries shall be directed to the Q & A Section of the Bid Page.

Questions will not be answered verbally or in an email.

11. Bid responses shall be delivered electronically on PlanetBids

12. Costs for developing bids are entirely the responsibility of the Bidder and shall not be chargeable to the City of Hemet.

13. If a Bidder takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or the Agreement, they must do so in writing. Said exceptions must be submitted with the bid. Failure to do so will be construed as acceptance of all items of the specification and the Agreement.

14. City of Hemet may reject any or all bids and may waive any immaterial deviation in a bid.

City of Hemet's waiver of an immaterial defect shall in no way modify the IFB documents excuse the Bidder from full compliance with the specifications if he/she is awarded the Agreement. Bids referring to terms and conditions other than City of Hemet’s terms and conditions may be rejected as being non-responsive.

City of Hemet may make investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to City of Hemet all such information and data for this purpose as requested by City of Hemet. City of Hemet reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy City of Hemet that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work specified.

15. The Agreement shall be signed by the Contractor and returned, along with the required attachments to the City of Hemet within ten (10) calendar days. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City of Hemet officials. Any work performed prior to receipt of a fully executed Agreement shall be at Contractor's own risk.

16. Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Contractor refuses or fails to execute the Agreement, the City of Hemet may award the Agreement to the next qualified highest ranked Contractor.

17. Bidder shall certify within their quote that they are licensed by the State of California as a contractor, that the license is now in force and provide the number, class and renewal date.

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5 18. When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code section 1770 et seq. The contractor is responsible for registering with the Department of Industrial Relations (DIR) prior to placing their bid.

Contractor must determine the appropriate DIR classification for the various employees and subcontractors used for a particular project or services. The rates for each classification are posted on the DIR website at www.dir.ca.gov/DIRdatabases.html. All contractors performing works for the City are responsible for abiding by all applicable prevailing wage laws and must furnish the City with Certified Payroll Records.

19. Contractor must hold and maintain liability insurance that meets the City’s minimum requirements as specified in Exhibit A Insurance Requirements, in the Agreement.

Certification must be provided to and accepted by the City upon award of Agreement.

21. The City of Hemet requires that any Contractor doing business within the City limits must hold a valid City of Hemet business license, prior to conducting business with the City.

Information regarding how to obtain a business license is available at https://www.hemetca.gov/326/Business-Licenses Bidder must obtain a business license from the City prior to execution of the purchase order. Cost of a business license is $44.00.

22. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. Bid bond shall be 10 percent (10%) of the total amount of the bid. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

III. SCOPE OF WORK
-Remove 6 5-ton split HVAC units from roof and inside building dog-house. -Remove all electrical components and conduit from electrical disconnect to HVAC units -Reclaim all existing refrigerant and properly dispose
-Replace 6 5-ton HVAC split units using the required R454B refrigerant. 6 Condensers on the rooftop and 6 Furnace/Air Handlers inside the dog-house. Units must meet current CA standards.
-Install new electrical wiring and conduit from Disconnect to HVAC units. -Install new copper condensate lines
-Reconnect new HVAC units to existing ducting. Repair ducting as needed. -Reconnect gas lines to new HVAC units
-Connect HVAC system to existing Thermostats.
-Protect existing components on the roof
-Provide full test of units after install is complete
-Contractor to handle any necessary permits, plan fees and engineered drawings as needed for this project.

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6 IV. BIDDER REQUIREMENTS

1. Upon award of Agreement, Contractor shall start work within ten (10) business days after a purchase order has been issued by the City.

2. Contractor shall have thirty (30) calendar days to complete work, once work has commenced.

3. Liquidated Damages will be assessed at $500 per calendar day after the required completion date.

4. All workers shall wear uniforms that identify them as employees of the Contractor’s business.

5. The Facility Maintenance Supervisor Kurt Mikolaycik, will be the City’s project manager for this work. Upon award of the Agreement, Contractor will provide the project manager with the work schedule (in writing) a minimum of three days prior to commencement of work.

6. The project manager is to be notified daily, at 951 765-3820, where the Contractor will be working.

7. The project manager will be notified immediately when the Contractor is unable to perform the work and whenever any non-personnel or property related accident occurs while performing the specified contract work.

8. If additional work is required by the City, an estimate of cost shall be submitted by the Contractor to the project manager, prior to work being undertaken. Additional work may not commence until a change order has been issued to the Contractor by the City’s purchasing division.

V. BID DOCUMENTS REQUIRED
i. Bid Cover Sheet – This is to be used as the first page of the submission (Section VI of the bid package)
ii. Bid Sheet – This is where you will list you lump sum pricing and acknowledge any addenda. (Section VII of the bid package)
iii. Reference Submittal Form (Section VIII of the bid package) iv. Local Vendor Preference (if applicable) (Section IX of the bid package) v. Line Items – Fill in the Line Items tab on PlanetBids vi. Bid Bond – Equal to 10% of the total base bid. (Attachment “B”)

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7 i. BID COVER SHEET

INVITATION FOR BID

HVAC UPGRADE FOR FIRE DEPT ADMINISTRATION BUILDING
Company Name: Address:

Telephone #:

E-mail address: City Business License Number:

Authorized Representative: (print) Signature:

DIR Registration No. & Expiration Date: Title:

Contractor’s License No. & Class: Federal Employer ID (EIN):

THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE INFORMATION ABOVE. FAILURE TO DO SO MAY VOID YOUR BID
Sangar Builders Inc.
(760) 315-1387
[email protected]
Sal Garcia
App In Process
1000029921 / 06/30/2025
952192 Class B 45-1058017
13287 Treecrest St
Poway CA, 92064
President

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8 ii. BID SHEET FOR City of Hemet Fire Dept Administration Building HVAC Upgrade DATE: _______________________
TO THE CITY OF HEMET, CALIFORNIA:

BIDDER (Firm Name)
__________________________________________________________ The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for City of Hemet Fire Dept Administration Building HVAC Upgrade as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)
___________________________________________ dollars & _________/100 (in words)
The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that if there are any discrepancies or questions in the figures, the CITY will use the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities.

Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.

The undersigned bidder declares that he has carefully examined the specifications and read the terms and conditions, and hereby proposes and agrees, if this bid is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet. 3/4/2025
Sangar Builders Inc. dba Innovative Safety Systems
174,288.00
one hundred seventy four thousand two hundred eighty eight zero 5

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9 iii. REFERENCE SUBMITTAL FORM
Firm #1 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #2 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #3 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Orange County Fairgrounds
Boeing
2060 E Imperial HWY
Kirk Wong
[email protected] 640,000.00
12/23 2/24
Safety Rail Installation, Roof work, Fall Protection
152,000.00
88 Fair Drive Costa Mesa CA
Jerry Eldridge
[email protected]
current on going projects
(714) 474-5983
2013
Safety Rails, Facility Maintenance, Fall Protection
Stone Brewey
1999 Citricado Parkway
Matt Hamilton
[email protected]
10/24 01/25
207,000.00
Safety Rails, Roof work, Fall Protection

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10 iv. LOCAL VENDOR PREFERENCE

CITY OF HEMET

LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST
(Bidders requesting a 5% Local Business Preference must enclose this form in the Bid Package) NOTICE TO ALL BIDDERS: Section 2-340 of the City of Hemet Municipal Code requires that a Local Preference be given to bidders who qualify as a local business.

A. Section 2-340 requires qualified local vendors to be given preference in bid evaluation and award if a qualified local vendor does not make the lowest priced submission. Any qualified local vendor that makes a responsive submission shall have their submission price reduced by five percent for the purposes of comparison to the other submissions received by the City in making the determinations required by Section 2-334 through 2-336. If with this five percent reduction a qualifying local vendor would be awarded the contract, the qualifying local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. If the qualifying local vendor agrees to price match then the contract shall be awarded to the local qualifying bidder.

B. For purposes of this section, a “qualified local vendor” shall be defined as:

1. An individual, partnership or corporation which has fixed facilities with employees located within the corporate limits of the City; and which is shown by the records maintained by the City’s finance department as having secured all necessary business licenses and as having paid all applicable fees and taxes imposed by the City;

2. It has a business street address (P.O. Box or residential address shall not suffice to establish a local preference);

3. All sales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

C. For purposes of this section, “preference” shall mean the reduction factor applied to the bid of a local vendor that will allow the local vendor to amend their submission and price match the true lowest priced submission.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNED HEREBY REQUESTS PREFERENCE AS A “LOCAL BUSINESS”.

THE “LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST” MUST BE SIGNED IN THE SAME NAME STYLE IN WHICH THE BIDDER IS LICENSED BY THE CITY OF HEMET.

Legal Name of Bidder(s) ___________________________________________ Address of Bidder _________________________________________________ Bidder City of Hemet Business License No. ___________________________ Signature of Authorized Bidder __________________________________ SanGar Builders Inc
13287 Treecrest St Poway CA 92064
Application In Process

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11 [Delete if not needed]
v. BID SECURITY FORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashier’s Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for _________________________________dollars ($_____________________________), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. If said Bid shall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/its faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/its bid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.
____________________________________________ _________________________________________ Signature of Bidder Date Signature of Bidder Date
________________________________________ ______________________________________ Print name and title Print name and title
(If the Bidder is a corporation, two signatures of corporate officers are required.) [Delete if not needed]
3/4/2025
Sal Garcia, President

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12 vi. BID SECURITY FORM FOR BOND
KNOW ALL BY THESE PRESENTS:

That the undersigned
_____________________________________________________________________________, (Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words)_____________________________________________________________ Dollars ($_____________ ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for [PROJECT NAME AND DESCRIPTION] THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of ______________________________, 20__.
(Month)
(Corporate Seal) By______________________________________ Principal
By______________________________________
Surety
(Corporate Seal) By______________________________________ Sangar Builders Inc. dba Innovative Safety Systems

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13 VI. EXHIBIT “A”
Pictures of Site

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21 VII. ATTACHMENT “A”

SAMPLE AGREEMENT

SEE DOCUMENTS SECTION OF PLANETBIDS

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CITY OF HEMET

INVITATION FOR BID

HVAC UPGRADE AT FIRE DEPT ADMINISTRATION BUILDING
Date of Issue:

February 12, 2025
Question Deadline:

February 26, 2025 by 3:00 pm
Mandatory Pre-Bid Meeting:

February 20, 2025 at 10:00 am
Bid Due Date:

March 6, 2025 by 3:00pm
Bid Delivery Method & Location:

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2 CITY OF HEMET

INVITATION FOR BID

HVAC UPGRADE AT FIRE DEPARTMENT ADMINISTRATION

II. GENERAL INSTRUCTIONS

1. To be considered a responsive bid, Bidder must comply with all instructions and specifications as outlined in this Invitation for Bid (IFB). Bid response will be binding and firm.

4. False, incomplete, or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bid.

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3 determines that a time extension is required for the bid, the addenda will indicate the new submission date and time.

7. The Agreement shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsible and responsive, the following will be considered:

Responsive:
a. All documents requested within this IFB have been completed and submitted before due date/time.

Responsible:
b. Bidders ability, capacity, and skill
c. Bidder’s facilities and resources
d. Bidder’s character and reputation
e. Bidder’s record of performance with the City

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4 f. Bidder’s compliance with laws, regulations, guidelines, and orders governing prior contracts performed by the Bidder.

9. Pricing shall include all federal, state, local and other taxes.

10. All general or bidding inquiries shall be directed to the Q & A Section of the Bid Page.

Questions will not be answered verbally or in an email.

11. Bid responses shall be delivered electronically on PlanetBids

12. Costs for developing bids are entirely the responsibility of the Bidder and shall not be chargeable to the City of Hemet.

14. City of Hemet may reject any or all bids and may waive any immaterial deviation in a bid.

17. Bidder shall certify within their quote that they are licensed by the State of California as a contractor, that the license is now in force and provide the number, class and renewal date.

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19. Contractor must hold and maintain liability insurance that meets the City’s minimum requirements as specified in Exhibit A Insurance Requirements, in the Agreement.

Certification must be provided to and accepted by the City upon award of Agreement.

21. The City of Hemet requires that any Contractor doing business within the City limits must hold a valid City of Hemet business license, prior to conducting business with the City.

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6 IV. BIDDER REQUIREMENTS

1. Upon award of Agreement, Contractor shall start work within ten (10) business days after a purchase order has been issued by the City.

2. Contractor shall have thirty (30) calendar days to complete work, once work has commenced.

3. Liquidated Damages will be assessed at $500 per calendar day after the required completion date.

4. All workers shall wear uniforms that identify them as employees of the Contractor’s business.

6. The project manager is to be notified daily, at 951 765-3820, where the Contractor will be working.

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7 i. BID COVER SHEET

INVITATION FOR BID

HVAC UPGRADE FOR FIRE DEPT ADMINISTRATION BUILDING
Company Name: Address:

Telephone #:

E-mail address: City Business License Number:

Authorized Representative: (print) Signature:

DIR Registration No. & Expiration Date: Title:

Contractor’s License No. & Class: Federal Employer ID (EIN):

THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE INFORMATION ABOVE. FAILURE TO DO SO MAY VOID YOUR BID
Quantum Heating & Air Conditioning Inc. 2265 McNeil Cir.

Corona, CA. 92882
951-541-5579
[email protected]
Jose Arteaga
2000009166 - 06/30/2026 President
C20 - 1091256 37-2040107

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8 ii. BID SHEET FOR City of Hemet Fire Dept Administration Building HVAC Upgrade DATE: _______________________
TO THE CITY OF HEMET, CALIFORNIA:

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.

One hundred and seventy five thounsand
175,000.00
00

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9 iii. REFERENCE SUBMITTAL FORM
Firm #1 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #2 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #3 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Quantum Heating & Air Conditioning Inc.
2265 McNeil Cir. Corona, CA. 92882
Jose Arteaga 951-541-5579
[email protected] 1
04/01/2025 04/30/2025
Replace 6 HVAC systems, including electrical disconnect box, refrigerant line set, and drain lines. Does not includes any air ducting modifications.

New equipment will be connected to the existing ductwork.

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10 iv. LOCAL VENDOR PREFERENCE

CITY OF HEMET

B. For purposes of this section, a “qualified local vendor” shall be defined as:

2. It has a business street address (P.O. Box or residential address shall not suffice to establish a local preference);

3. All sales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNED HEREBY REQUESTS PREFERENCE AS A “LOCAL BUSINESS”.

THE “LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST” MUST BE SIGNED IN THE SAME NAME STYLE IN WHICH THE BIDDER IS LICENSED BY THE CITY OF HEMET.

Legal Name of Bidder(s) ___________________________________________ Address of Bidder _________________________________________________ Bidder City of Hemet Business License No. ___________________________ Signature of Authorized Bidder __________________________________ Quantum Heating & Air Conditioning Inc.
2265 McNeil Cir. Corona, CA. 92882
Pending

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Otherwise, said check shall become the property of the Agency.

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12 vi. BID SECURITY FORM FOR BOND
KNOW ALL BY THESE PRESENTS:

One hundred and seventy five thousand ---
175,000.00

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SS-DM96SN-U www.daikincomfort.com 09/21
DM96SN-U
Single-Stage, 9-Speed
ECM Ultra-Low NOx Gas Furnace
Up to 96% AFUE
Heating Input: 40,000 – 80,000 BTU/h
■ Contents
Nomenclature........................................ 2
Product Specifications........................... 3
Dimensions............................................ 4 Airflow Specifications............................ 5
Wiring Diagram...................................... 7
Accessories............................................ 8 ■ Standard Features ■ Cabinet Features
• Heavy-duty stainless-steel tubular heat exchanger
• Super-ferritic Stainless-steel secondary heat exchanger • Single-stage gas valve
• Durable Silicon Nitride igniter
• Multi-speed blower motor
• Quiet multi-speed induced draft blower
• Self-diagnostic control board with constant
memory fault history output to a 3-digit
7 segment LED display and push buttons
• Energy-efficient multi-speed (9-speed
tap) ECM blower motor
• Multiple continuous fan speed options
offer quiet air circulation
• Color-coded low-voltage terminals with provisions
for electronic air cleaner and humidifier
• All models comply with CA Low NOx standards
• All Ultra-Low NOx DM96SE-U models comply with
the 14 ng/J emission limit specified in the South
Coast Air Quality Management District (SCAQMD)
Rule 1111 and San Joaquin Valley Air Pollution
Control District (SJVAPCD) Rule 4905. Learn more
at www.aqmd.gov and www.valleyair.org.
• AHRI Certified; ETL Listed
• Designed for multi-position installation:

DM96SN: Upflow, horizontal left or right
• Certified for direct vent (2-pipe) or
non-direct vent (1-pipe)
• Easy-to-install top venting with optional side venting • Convenient left or right connection
for gas and electrical service
• Cabinet air leakage (QLeak) ≤ 1.4%
• Heavy-gauge steel cabinet with durable finish
• Foil-faced insulated heat exchanger cabinet
• Airtight solid bottom or side return with
easy-cut tabs for effortless removal in
bottom air-inlet applications
* Complete warranty details available from your local dealer or at www.daikincomfort.com.

To receive the Lifetime Heat Exchanger Limited Warranty (good for as long as you own your home), the 6-Year Unit Replacement Limited Warranty and the 12-Year Parts Limited Warranty, online registration must be completed within 60 days of installation. Additional requirements for annual maintenance are required for the Unit Replacement Limited Warranty. Online registration and some of the additional requirements are not required in California or Quebec.

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2 www.daikincomfort.com SS-DM96SN-U
Nomenclature
D M 96 S N 060 3 B U A A
1 2 3,4 5 6 7,8,9 10 11 12 13 14
Brand Minor Revision
D - Daikin A - Initial Release
B - 1st Revision
Configuration
M - Upflow/Horizontal Major Revision
A - Initial Release
B - 1st Revision
AFUE
80 - 80% AFUE Nox
96 - 96% AFUE U - Ultra Low NOx (≤ 14 ng/J NOx)
Gas Valve
S - 1 STAGE
Cabinet Width
A - 14"
Motor B - 17.5"
N - Multi-Speed ECM (9 TAPS) C - 21"
D - 24.5"
MBTU/h Maximum CFM
040 - 40,000 BTU/h 3 - 1200 CFM
060 - 60,000 BTU/h 4 - 1600 CFM
080 - 80,000 BTU/h 5 - 2000 CFM

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SS-DM96SN-U www.daikincomfort.com 3
DM96SN
0403BU
DM96SN
0603BU
DM96SN
0805CU
Heating Data
High Fire Input¹ 40,000 60,000 80,000
High Fire Output¹ 38,400 57,600 76,800
AFUE² 96 96 96
Temperature Rise Range (°F) 15 - 45 30 - 60 30 - 60
Vent Diameter³ 2" - 3" 2" - 3" 2" - 3"
No. of Burner Ports 2 3 4
Circulator Blower
Available AC @ 0.5" ESP 1.5 - 3 1.5 - 3 2 - 5
Size (D x W) 10" x 8" 11" x 8" 11" x 10"
Horsepower @ 1075 RPM 1/2 1/2 1
No. of Speeds 9 9 9
Filter Size (in²) (Qty) (1) 16 X 25
(side or bottom)
(1) 16 X 25
(side or bottom)
(1) 20 X 25 (bottom)
(2) 16 X 25 (side)
Electrical Data
Min. Circuit Ampacity⁴ 10.8 10.8 16.1
Max. Overcurrent Device (amps)⁵ 15 15 20
Shipping Weight (lbs) 115 120 145
1 Natural Gas BTU/h
2 DOE AFUE based upon Isolated Combustion System (ICS)
3 Installer must supply one or two PVC pipes: one for combustion air (optional) and one for the flue outlet (required). Vent pipe must be either 2" or 3" in diameter, depending upon furnace input, number of elbows, length of run and installation (1 or 2 pipes). The optional Combustion Air Pipe is dependent on installation/code requirements and must be 2" or 3" diameter PVC. 4 Minimum Circuit Ampacity = (1.25 x Circulator Blower Amps) + ID Blower amps. Wire size should be determined in accordance with National Electrical Codes. Extensive wire runs will require larger wire sizes. 5 Maximum Overcurrent Protection Device refers to maximum recommended fuse or circuit breaker size. May use fuses or HACR-type circuit breakers of the same size as noted.

Notes
• All furnaces are manufactured for use on 115 VAC, 60 Hz, single-phase electrical supply. • Gas Service Connection ½" FNPT
• Important: Size fuses and wires properly and make electrical connections in accordance with the National Electrical Code and/or all existing local codes.
• For bottom return: Failure to unfold flanges may reduce airflow by up to 18%. This could result in performance and noise issues. • For servicing or cleaning, a 24" front clearance is required. Unit connections (electrical, flue and drain) may necessitate greater clearances than the minimum clearances listed above. In all cases, accessibility clearance must take precedence over clearances from the enclosure where accessibility clearances are greater.

Product Specifications

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4 www.daikincomfort.com SS-DM96SN-U
Dimensions
Minimum Clearances to Combustible Materials
Position Sides Rear Front Bottom Flue Top
Upflow 0" 0" 3" C 0" 1"
Horizontal 6" 0" 3" C 0" 6"
C = If placed on combustible floor, the floor MUST be wood ONLY. 5 9¼
19⅝
34½
¾
19½
⅞
¾
B
C
23 2⅜
1⅞
2½
2 6½
5 9¼
19⅝
23 24⅞
31⅞
A
21⅛
2⅝
14 23
1½
1⅜
¾
28¾
2⅜
1⅞
2½
2 2¾
6½
1⅞
26½
23½ Folded Flanges
22 Unfolded Flanges
D
Unfolded Flanges
E
Folded Flanges
Air
Discharge
Air
Discharge

LEFT SIDE VIEW FRONT VIEW RIGHT SIDE VIEW
Condensate Drain
Trap Exterior
Connection
(Right or Left Side)
¾ PVC
Vent/ Flue Pipe
2" PVC Alternate
Vent/ Flue
Location
Right-Side
Drain Trap
Exterior Holes
High-Voltage
Electrical Outlet
Alternate
Gas Supply
Low-Voltage
Electrical Outlet
Standard
Gas Supply
Location
Center Dimple
For Alternate
Air Intake Pipe
3" OD Hole
Air Intake
2" Pipe
Left-Side
Drain Trap
Exterior Holes
High-Voltage
Electrical Outlet
Low-voltage
Electrical Outlet
Air Discharge Air Return
Model A B C D E
DM96SN0403BU 17½" 16" 13⅞" 12⅛" 13⅝"
DM96SN0603BU 17½" 16" 13⅞" 12⅛" 13⅝"
DM96SN0805CU 21" 19½" 17⅜" 16" 17½"

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SS-DM96SN-U www.daikincomfort.com 5
Airflow Specificatoins
Minimum Filter Sizes
DM96SN
0403BU
DM96SN
0603BU
DM96SN
0805CU
Filter Size (in²) (Qty) (1) 16 x 25
(side or bottom)
(1) 20 x 25 (bottom)
or (2) 16 x 25 (side)
Note: Other size filters of equal or greater dimensions may be used. Filters may also be centrally located.

COOLING & CIRCULATION AIRFLOW

MODEL THERMOSTAT
CALL TAP #

EXTERNAL STATIC PRESSURE, (INCHES WATER COLUMN)

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8

CFM CFM CFM CFM CFM CFM CFM CFM
DM96SN
0403BU* Y1 / Y2 / G
F01 714 667 620 573 528 483 439 394
F02 841 803 765 725 686 645 605 565
F03 862 823 784 745 706 666 626 586
F04 1043 1011 976 945 912 879 845 810
F05^ 1080 1051 1021 990 961 932 903 867
F06 1182 1155 1129 1102 1075 1048 1020 992
F07 1193 1164 1136 1108 1080 1052 1025 997
F08^^ 1280 1256 1231 1206 1183 1156 1132 1107
F09 1333 1306 1280 1255 1231 1205 1180 1155
DM96SN
0603BU* Y1 / Y2 / G
F01 767 712 655 592 528 476 431 388
F02 919 871 824 774 723 665 612 565
F03 925 889 842 797 748 693 636 589
F04^ 1099 1060 1018 977 935 891 848 803
F05 1125 1086 1047 1008 970 931 885 844
F06 1239 1200 1163 1127 1095 1053 1014 974
F07^^ 1317 1283 1249 1214 1179 1146 1110 1073
F08 1337 1304 1269 1235 1206 1167 1133 1097
F09 1415 1383 1353 1321 1288 1256 1222 1190
DM96SN
0805CU* Y1 / Y2 / G
F01 999 934 877 814 740 681 615 554
F02 1297 1245 1194 1143 1096 1044 991 933
F03 1407 1354 1307 1257 1210 1164 1118 1067
F04^ 1532 1488 1440 1396 1352 1304 1259 1210
F05^^ 1641 1594 1552 1509 1477 1425 1388 1347
F06 1687 1644 1604 1560 1519 1479 1441 1409
F07 1831 1791 1755 1718 1680 1642 1607 1570
F08 1895 1860 1822 1788 1753 1716 1684 1650
F09 2258 2222 2186 2151 2135 2087 2055 2020

HEATING AIFLOW

MODEL THERMOSTAT
CALL TAP #

EXTERNAL STATIC PRESSURE, (INCHES WATER COLUMN)

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8

CFM RISE CFM RISE CFM RISE CFM RISE CFM RISE CFM CFM CFM DM96SN
0403BU* W/W1
F04^ 1043 34 1011 35 976 36 945 38 912 39 879 845 810
F05 1080 33 1051 34 1021 35 990 36 961 37 932 903 867
DM96SN
0603BU* W/W1
F04 1099 49 1060 50 1018 52 977 55 935 57 891 848 803
F05 1125 47 1086 49 1047 51 1008 53 970 55 931 885 844
F06^ 1239 43 1200 44 1163 46 1127 47 1095 49 1053 1014 974 DM96SN
0805CU* W/W1
F03 1407 51 1354 53 1307 54 1257 57 1210 59 1164 1118 1067 F04^ 1532 46 1488 48 1440 49 1396 51 1352 53 1304 1259 1210 Defaullt speed is F01 for circulation for all models
^ Default Y1 speed
^^ Default Y2 speed
^ Default Heat Speed

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6 www.daikincomfort.com SS-DM96SN-U
Temperature Rise Range Chart
30 40 50 60 70 80 90 110 120 100 130 140 150
100
9080
706050
403020
10 OUTPUT BTU/HR x 1000
BTU OUTPUT vs TEMPERATURE RISE CHART

TEMPERATURE RISE
600 CFM
700
900
1000
1100
1200
1400
1600
1800
2000
2200
2400 CFM

FORMULAS
BTU OUTPUT = CFM x 1.08 x RISE
RISE =

BTU OUTPUT

1.08 ÷ CFM
800
Temperature Rise
Output BTU/h x 1,000
Formulas
BTU/h Output = CFM x 1.08 x RiseRise = BTU/H Output
CFM x 1.08
BTU Output Vs. Temperature Rise Chart

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SS-DM96SN-U www.daikincomfort.com 7
Wiring DiagramWiring is subject to change. Always refer to the wiring diagram on the unit for the most up-to-date wiring. ⚠ Warning High Voltage: Disconnect all power before servicing or installing this unit. Multiple power sources may be present. Failure to do so may cause property damage, personal injury, or death. ⚡
GND
IDB(2)
HSI(1)

AUTO RESET BURNER

BOX LIMIT

LINE NEUTRALS
TO 120VAC/ 1Ø /60 HZ POWER SUPPLY WITH
C GAS
VALVE
M
WARNING:

Y
G
C
TO
MICRO
TR (2)
GND
MVC (5)
BLI (11)
GN

FLAME SENSOR
ID
BLOWER

HOT SURFACE

IGNITER
FS
SWITCH
DOOR

OVERCURRENT PROTECTION DEVICE
L N

DISCONNECT
GND

INTEGRATED CONTROL MODULE
XFMR-H
LINE-H

JUNCTION BOX

INTEGRATED CONTROL MODULE
TH (6)
BEFORE SERVICING.

DISCONNECT POWER

MUST BE

WIRING TO UNIT

PROPERLY
AND GROUNDED.

POLARIZED

PRESSURE

TRANSDUCER
PSO (12)
HLO (4)
W
BLOWER

CIRCULATOR
GND
GND
MVC (8)
BLWR
AIR
INDOOR

CIRCULATOR
TO R

TO MICRO
GN
GND

JUNCTION BOX

BURNER COMPARTMENT

PRESSURE TRANSDUCER
BLOWER

COMPARTMENT

DOOR-SWITCH
(OPEN WHEN

DOOR OPEN)
RD

ECM MTR

HARNESS
RD
BK
RD
GN
BK
BK
BLOWER

CIRCULATOR
BK
GN
RD
3 1
WH
2 4
BL
5 4 3 2 1
WH
40 VA

TRANSFORMER
115
VAC
24 VAC
BK
BR

BR GR BL BL PK BR
PU
SENSOR
YL
FLAME
BL
1 2
M
C

BLOWER COMPARTMENT

AUTO RESET AUXILIARY

LIMIT CONTROL
PU
BL

AUTO RESET PRIMARY

LIMIT CONTROL
BK
GND
BLOWER

DRAFT (ID)
INDUCED 1
2 3
RD
WH
BK
RD
WH
BR
OR
2 CIRCUIT

CONNECTOR
HOT

SURFACE

IGNITER
WARNING:DISCONNECT
N

TO UNIT MUST BE
AND GROUNDED.

L
SERVICING. WIRING

DISCONNECT
GND
WH
BK

POWER BEFORE

PROPERLY POLARIZED
WH
NO
C

ID BLOWER

PRESSURE
SWITCH
OR
PK
BK
RD
WH
1 2 WH
WH
BL
RD
B
OR
K
YL
YL BK
OR
RD
BL
WH
BK
BK
Status & Fault
(see installation manual for complete list of faults)
Seven Segment Display
Seg. 1 Seg. 2 Seg. 3
Idle 1 d L
Continuous fan F A n
Low Stage Cooling 1 A C
High Stage Cooling 2 A C
Gas Heat g H
HP Heat, Low Stage 1 H P
HP Heat, High Stage 2 H P
Defrost d F t
Lockout Due to Excessive Retries Recycle E E 0
Pressure Switch Closed When Expected To Be Open E E 1
Pressure Switch Open When Expected To Be Closed E E 2
Open High Limit Switch E E 3
Flame Detected When No Flame Should Be Present E E 4
Open Fuse E E 5
Low Flame Signal E E 6
Ignitor Fault Or Ignitor Relay Fault E E 7
Reversed Line Polarity E E A
Grounding Error E 1 0
Inernal Gas Valve Error E E b
External Gas Valve Error E E C
Aux Limit Switch Open E E d
Burner Limit Switch Open E 1 I
ALI (1)
HLI (7)
NOTE 5
NOTE 6
0140F02647-A
CR48
SW1
SW2
E28
E5
E22
E47
W11
BLW
E32
YL
WH
Ø /60 HZ

OVERCURRENT
TO 115 VAC/ 1

POWER SUPPLY WITH

PROTECTION DEVICE
E4
PK PU

AUTO RESET

BAFFLE LIMIT

GAS VALVE
BR
NO
C GY
BL BR

AUTO RESET

BURNER BOX LIMIT

AUTO RESET

AUXILIARY

LIMIT CONTROL

PU PU YL
PK
OUTPUT
NOTES:

1. MANUFACTUR'S SPECIFIED REPLACEMENT
PARTS MUST BE USED WHEN SERVICING.

2. IF ANY OF THE ORIGINAL WIRE AS SUPPLIED

WITH THE FURNACE MUST BE REPLACED, IT

MUST BE REPLACED WITH WIRING MATERIAL

HAVING A TEMPERATURE RATING OF AT LEAST
105°C. USE COPPER CONDUCTORS ONLY.

3. BLOWER SPEEDS SHOULD BE ADJUSTED BY

INSTALLER TO MATCH THE INSTALLATION

REQUIREMENTS SO AS TO PROVIDE

THE CORRECT HEATING TEMPRATURE
RISE AND THE CORRECT COOLING CFM.

4. UNIT MUST BE PERMANENTLY GROUNDED
AND CONFORM TO N.E.C. AND LOCAL CODES.

5. EAC. NORMALLY OPEN CONTACTS FOR OPTIONAL
ELECTRONIC AIR CLEANER USE. CONTACTS
CLOSE
WHEN INDOOR BLOWER IS RUNNING. TERMINALS

ARE NOT INTERNALLY POWERED

6. HUM. NORMALLY OPEN CONTACTS FOR OPTIONAL
HUMIDIFIER USE. CONTACTS CLOSE WHEN DRAFT
INDUCER IS RUNNING. TERMINALS ARE NOT

INTERNALLY POWERED
SWITCH (PRESS.)

FIELD SPLICE

FIELD GND

EQUIPMENT GND

INTERNAL TO
PROT. DEVICE

INTEGRATED CONTROL

PLUG CONNECTION
SWITCH (TEMP.)

JUNCTION

OVERCURRENT

TERMINAL

IGNITER
LOW VOLTAGE (24V)

LOW VOLTAGE FIELD
HI VOLTAGE (120V)

HI VOLTAGE FIELD

PK PINK
COLOR CODES:

GY GRAY RD RED

WH WHITE

PU PURPLE

OR ORANGE

YL YELLOW

BL BLUE

BR BROWN

BK BLACK

GR GREEN
TAP1
E35
E44
E43
E42

EAC HUM
E23
NEUTRAL E46
E25
E19
E26
W12
MVL(9)

ID BLOWER

PRESSURE SWITCH

AUTO RESET PRIMARY

LIMIT CONTROL

AUTO RESET

BAFFLE LIMIT
WH
NO
C
NO
C
GND

AUTO RESET AUXILIARY

LIMIT CONTROLS
TWIN O W1 R G B\CY1
PSO
BLI
MVH
MVL
GND
HLI
TH
MVC
HLO
PS1
TR
ALI TAP2
TAP3
TAP4
TAP5
GND
Y2
FP
E39
E41
U
V
W
LINE
N
H
FUSE
24 VAC 40 VA

TRANSFORMER
120 VAC
GND
PI
5V
BK
RD
GN
2 1
3 4
UNUSED
5V
GND
PI
(1)
(4) (3) E
1 8
PS1 (3)
E18

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Accessories
Model Description DM96SN
0403BU
DM96SN
0603BU
DM96SN
0805CU
72950 Concentric Vent Kit (2") √ √ √
72951 Concentric Vent Kit (3") √ √ √
RF000142 Drain Kit -Horizontal Left Vertical Flue √ √ √ EFR02 External Filter Rack with 16"x25" Permanent Filter √ √ --- 0170K00000S Flush Mount Vent Kit - 3" or 2" √ √ √
0170K00001S Flush Mount Vent Kit - 2" √ √ √
0270F05404 Horizontal Drain Tubing Kit √ √ √

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SS-DC3SEA-R32 www.daikinac.com 08/24
3, 4, & 5-Ton, Three-Phase
Split System Air Conditioner
DC3SEA Commercial
■ Contents
Nomenclature........................................ 2
Product Specifications........................... 3
Expanded Cooling Data......................... 4
Performance ....................................... 10
AHRI Ratings ....................................... 11 Dimensions.......................................... 12 Wiring Diagram ................................... 13
Accessories.......................................... 14 Cooling Capacity:
36,000 - 60,000 BTU/h
■ Standard Features
• High efficiency scroll compressor
• Advanced Copeland® CoreSense™ Technology
• Fully charged for 15’ of tubing length
• Copper tube/ enhanced aluminum
fin coil 5mm diameter
• Factory-installed filter drier
• Sweat connection service valves with
easy access to gauge ports
• Enclosed contactor
• High-pressure switch
• Ground lug connection
• Capacitors with extended life
• AHRI Certified
• ETL Listed
■ Cabinet Features
• Removable grille-style top design compliant
with UL 60335-2-40
• Venturi for increased velocity of airflow
• Custom Nickel Gray powder- paint finish with
500- hour salt- spray approval
• Steel louver coil guard with rust-resistant screws
• Wire fan discharge grille
• Steel louver coil guard
• Rust-resistant screws
• Top and side maintenance access
• Single-panel access to controls with space provided
for field-installed accessories
* Complete warranty details available from your local distributor or manufacturer’s representative or at www.daikincomfort.com.

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2 www.daikinac.com SS-DC3SEA-R32
Nomenclature
D C 3 S E A 3 6 3 0 A A
1 2 3 4 5 6 7,8 9 10 11 *
Brand Minor revision
D - Daikin A: Intial Release
B: 1st Revision
Type - Split System
C - Condenser R32 Major revision
H - Heat Pump R32 A: Intial Release
B: 1st Revision
Efficiency (SEER2)

13.4 SEER2 = 3 Variations

14.3 SEER2 = 4
Compressor Type Electrical
S - Single Stage 3 - 1 208/230 V, 3 Phase, 60 Hz
4 - 460 V, 3 Phase, 60 Hz
Feature Nominal Capacity
E - Base 36 - 3 Tons
48 - 4 Tons
60 - 5 Tons
Sales Region
A - All Region

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SS-DC3SEA-R32 www.daikinac.com 3
DC3SEA
3630A*
DC3SEA
4830A*
DC3SEA
6030A*
DC3SEA
3640A*
DC3SEA
4840A*
DC3SEA
6040A*
Cooling Capacities
Nominal Cooling (BTU/h) 36,000 48,000 60,000 36,000 48,000 60,000 Decibels 71.0 72.0 72.0 71.0 72.0 72.0
Compressor
RLA 10.8 12.2 15.4 4.9 5.8 7.7
LRA 97.5 120.0 156.0 44.3 55.1 69.0
Stage Single Single Single Single Single Single
Type Scroll Scroll Scroll Scroll Scroll Scroll
Condenser Fan Motor
Motor Type PSC PSC PSC PSC PSC PSC
Horsepower (RPM) 1/8 1/4 1/4 1/6 1/4 1/4
FLA 0.70 1.40 1.30 0.60 0.70 0.80
Refrigeration System
Refrigerant Line Size1
Liquid Line Size (“O.D.) ⅜" ⅜" ⅜" ⅜" ⅜" ⅜"
Suction Line Size (“O.D.) ¾" ¾" ¾" ⅞" 1⅛" 1⅛"
Refrigerant Connection Size
Liquid Valve Size (“O.D.) ⅜" ⅜" ⅜" ⅜" ⅜" ⅜"
Suction Valve Size (“O.D.)2 ¾" ¾" ¾" ⅞" ⅞" ⅞"
Valve Connection Type Sweat Sweat Sweat Sweat Sweat Sweat Refrigerant Charge3 60 84 91 60 84 91
Electrical Data
Voltage-Phase 208/230-3 208/230-3 208/230-3 460 460 460 Minimum Circuit Ampacity 4 14.2 16.6 20.5 6.7 7.9 10.4
Max. Overcurrent Protection5 25.0 25.0 35.0 10.0 10.0 15.0 Min / Max Volts 197/253 197/253 197/253 437/506 437/506 437/506 Electrical Conduit Size ½" or ¾" ½" or ¾" ½" or ¾" ½" or ¾" ½" or ¾" ½" or ¾" Equipment Weight (lbs) 133 183 222 134 188 224
Ship Weight (lbs) 148 198 237 149 203 239
1 Line sizes denoted for 25’ line sets, tested and rated in accordance with ARI Standard 210/240. For other line set lengths or sizes, refer to the Installation Instructions and/or the Long Line Set Applications guide.
2 Any suction line adapter will need to be supplied by the field. 3 Unit is factory charged with refrigerant for 15’ of ⅜” liquid line. System charge must be adjusted per the Final Charge Adjustment procedure found in the Installation Instructions.
4 Wire size should be determined in accordance with National Electrical Codes; extensive wire runs will require larger wire sizes 5 Must use time-delay fuses or HACR-type circuit breakers of the same size as noted.

Notes
• Always check the S&R plate for electrical data on the unit being installed.

Product Specifications

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Expanded Cooling Data — DC3SEA3630A*/3640A*+ CAPTA3626A* Outdoor Ambient Temperature 65 75 85 95 105 115 Entering Indoor Wet Bulb Temperature IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 70 1050 MBh 34.9 35.4 36.5 - 34.6 35.1 36.1 - 33.7 34.2 35.2 - 32.1 32.6 33.7 - 30.2 30.7 31.8 - 28.5 29.0 30.0 - S/T 0.63 0.55 0.42 - 0.64 0.56 0.42 - 0.66 0.58 0.45 - 1.00 0.60 0.47 - 1.00 0.63 0.49 - 1.00 0.68 0.54 - ∆T 20 18 15 - 20 18 15 - 20 18 15 - 20 18 15 - 20 18 14 - 21 19 15 - kW 2.19 2.19 2.19 - 2.46 2.46 2.45 - 2.75 2.75 2.75 - 3.08 3.07 3.07 - 3.43 3.43 3.43 - 3.85 3.85 3.85 - Amps 8.0 8.0 8.0 - 9.2 9.2 9.2 - 10.6 10.6 10.6 - 12.1 12.0 12.0 - 13.7 13.7 13.7 - 15.6 15.6 15.6 - 1150 MBh 35.3 35.7 36.8 - 34.9 35.4 36.5 - 34.0 34.5 35.6 - 32.5 33.0 34.0 - 30.6 31.0 32.1 - 28.8 29.3 30.3 - S/T 0.67 0.59 0.46 - 0.67 0.60 0.46 - 1.00 0.62 0.49 - 1.00 0.64 0.51 - 1.00 0.66 0.53 - 1.00 0.72 0.58 - ∆T 19 17 14 - 19 17 14 - 19 18 14 - 19 17 14 - 19 17 14 - 20 18 15 - kW 2.20 2.20 2.20 - 2.47 2.47 2.46 - 2.76 2.76 2.76 - 3.08 3.08 3.08 - 3.44 3.44 3.44 - 3.86 3.86 3.86 - Amps 8.1 8.1 8.0 - 9.3 9.3 9.2 - 10.6 10.6 10.6 - 12.1 12.1 12.1 - 13.7 13.7 13.7 - 15.7 15.6 15.6 - 1350 MBh 36.0 36.5 37.6 - 35.7 36.2 37.3 - 34.8 35.3 36.4 - 33.3 33.8 34.8 - 31.4 31.8 32.9 - 29.6 30.1 31.1 - S/T 0.71 0.63 0.50 - 0.72 0.64 0.50 - 1.00 0.66 0.53 - 1.00 0.68 0.55 - 1.00 0.71 0.57 - 1.00 1.00 0.62 - ∆T 18 16 13 - 18 16 12 - 18 16 13 - 18 16 12 - 18 16 12 - 19 17 13 - kW 2.22 2.22 2.21 - 2.48 2.48 2.48 - 2.78 2.78 2.77 - 3.10 3.10 3.09 - 3.46 3.46 3.45 - 3.88 3.88 3.87 - Amps 8.1 8.1 8.1 - 9.4 9.3 9.3 - 10.7 10.7 10.7 - 12.2 12.2 12.1 - 13.8 13.8 13.8 - 15.7 15.7 15.7 - 75 1050
MBh 34.9 35.4 36.5 38.1 34.6 35.1 36.2 37.8 33.7 34.2 35.3 36.8 32.2 32.7 33.7 35.3 30.3 30.7 31.8 33.4 28.5 29.0 30.0 31.6 S/T 0.76 0.68 0.55 0.4 1.00 0.69 0.55 0.4 1.00 0.71 0.58 0.4 1.00 0.73 0.60 0.5 1.00 1.00 0.62 0.5 1.00 1.00 0.67 0.5 ∆T 24 22 19 15 24 22 19 15 24 23 19 15 24 22 19 15 24 22 18 15 25 23 20 16 kW 2.19 2.19 2.19 2.2 2.46 2.46 2.45 2.5 2.75 2.75 2.75 2.8 3.07 3.07 3.07 3.1 3.43 3.43 3.42 3.4 3.85 3.85 3.84 3.9 Amps 8.0 8.0 8.0 8.1 9.2 9.2 9.2 9.3 10.6 10.6 10.6 10.6 12.0 12.0 12.0 12.1 13.7 13.7 13.7 13.7 15.6 15.6 15.6 15.7 1150
MBh 35.3 35.8 36.8 38.4 35.0 35.5 36.5 38.1 34.1 34.5 35.6 37.2 32.5 33.0 34.0 35.6 30.6 31.1 32.1 33.7 28.8 29.3 30.4 32.0 S/T 0.80 0.72 0.58 0.4 1.00 0.73 0.59 0.4 1.00 0.75 0.62 0.5 1.00 0.77 0.64 0.5 1.00 1.00 0.66 0.5 1.00 1.00 0.71 0.6 ∆T 23 22 18 14 23 21 18 14 24 22 18 15 23 21 18 14 23 21 18 14 24 22 19 15 kW 2.20 2.20 2.20 2.22 2.47 2.46 2.46 2.48 2.76 2.76 2.76 2.78 3.08 3.08 3.08 3.10 3.44 3.44 3.43 3.45 3.86 3.86 3.85 3.87 Amps 8.1 8.0 8.0 8.1 9.3 9.3 9.2 9.3 10.6 10.6 10.6 10.7 12.1 12.1 12.1 12.2 13.7 13.7 13.7 13.8 15.6 15.6 15.6 15.7 1350
MBh 36.1 36.6 37.6 39.2 35.8 36.2 37.3 38.9 34.8 35.3 36.4 38.0 33.3 33.8 34.8 36.4 31.4 31.9 32.9 34.5 29.6 30.1 31.2 32.7 S/T 0.84 0.76 0.63 0.5 1.00 0.77 0.63 0.5 1.00 0.79 0.66 0.5 1.00 0.81 0.68 0.5 1.00 1.00 0.70 0.6 1.00 1.00 0.75 0.6 ∆T 22 20 17 13 22 20 17 13 22 20 17 13 22 20 17 13 22 20 16 13 23 21 18 14 kW 2.22 2.22 2.21 2.2 2.48 2.48 2.48 2.5 2.78 2.78 2.77 2.8 3.10 3.10 3.09 3.1 3.46 3.45 3.45 3.5 3.88 3.87 3.87 3.9 Amps 8.1 8.1 8.1 8.2 9.3 9.3 9.3 9.4 10.7 10.7 10.7 10.8 12.2 12.2 12.1 12.2 13.8 13.8 13.8 13.9 15.7 15.7 15.7 15.8 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system powerHigh and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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Expanded Cooling Data — DC3SEA3630A*/3640A*+ CAPTA3626A* (cont.) Outdoor Ambient Temperature
65 75 85 95 105 115
Entering Indoor Wet Bulb Temperature
IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 80 1050
MBh 35.1 35.6 36.7 38.2 34.8 35.3 36.3 37.9 33.9 34.4 35.4 37.0 32.3 32.8 33.9 35.5 30.4 30.9 32.0 33.6 28.7 29.2 30.2 31.8 S/T 1.00 0.81 0.67 0.5 1.00 0.81 0.68 0.5 1.00 0.84 0.70 0.6 1.00 1.00 0.72 0.6 1.00 1.00 0.74 0.6 1.00 1.00 0.80 0.7 ∆T 28 26 23 19 28 26 23 19 29 27 23 20 28 26 23 19 28 26 23 19 29 27 24 20 kW 2.19 2.19 2.19 2.2 2.46 2.46 2.45 2.5 2.75 2.75 2.75 2.8 3.07 3.07 3.07 3.1 3.43 3.43 3.43 3.4 3.85 3.85 3.85 3.9 Amps 8.0 8.0 8.0 8.1 9.2 9.2 9.2 9.3 10.6 10.6 10.6 10.7 12.1 12.0 12.0 12.1 13.7 13.7 13.7 13.8 15.6 15.6 15.6 15.7 1150
MBh 35.5 35.9 37.0 38.6 35.1 35.6 36.7 38.3 34.2 34.7 35.8 37.4 32.7 33.2 34.2 35.8 30.8 31.2 32.3 33.9 29.0 29.5 30.5 32.1 S/T 1.00 0.85 0.71 0.6 1.00 0.85 0.72 0.6 1.00 1.00 0.74 0.6 1.00 1.00 0.76 0.6 1.00 1.00 0.78 0.6 1.00 1.00 1.00 0.7 ∆T 28 26 22 19 28 26 22 18 28 26 22 19 28 26 22 18 27 25 22 18 28 27 23 19 kW 2.20 2.20 2.20 2.22 2.47 2.47 2.46 2.48 2.76 2.76 2.76 2.78 3.08 3.08 3.08 3.10 3.44 3.44 3.44 3.46 3.86 3.86 3.85 3.88 Amps 8.1 8.1 8.0 8.1 9.3 9.3 9.2 9.3 10.6 10.6 10.6 10.7 12.1 12.1 12.1 12.2 13.7 13.7 13.7 13.8 15.7 15.6 15.6 15.7 1350
MBh 36.2 36.7 37.8 39.4 35.9 36.4 37.5 39.1 35.0 35.5 36.6 38.1 33.5 34.0 35.0 36.6 31.6 32.0 33.1 34.7 29.8 30.3 31.3 32.9 S/T 1.00 0.89 0.75 0.6 1.00 0.89 0.76 0.6 1.00 1.00 0.78 0.6 1.00 1.00 0.80 0.7 1.00 1.00 0.82 0.7 1.00 1.00 1.00 0.7 ∆T 26 24 21 17 26 24 21 17 27 25 21 17 26 24 21 17 26 24 21 17 27 25 22 18 kW 2.22 2.22 2.21 2.2 2.48 2.48 2.48 2.5 2.78 2.78 2.77 2.8 3.10 3.10 3.09 3.1 3.46 3.46 3.45 3.5 3.88 3.88 3.87 3.9 Amps 8.1 8.1 8.1 8.2 9.3 9.3 9.3 9.4 10.7 10.7 10.7 10.8 12.2 12.2 12.1 12.2 13.8 13.8 13.8 13.9 15.7 15.7 15.7 15.8 85 1050
MBh 35.7 36.2 37.2 38.8 35.4 35.9 36.9 38.5 34.5 35.0 36.0 37.6 32.9 33.4 34.5 36.0 31.0 31.5 32.5 34.1 29.3 29.8 30.8 32.4 S/T 1.00 0.91 0.77 0.6 1.00 1.00 0.78 0.6 1.00 1.00 0.80 0.7 1.00 1.00 0.82 0.7 1.00 1.00 1.00 0.7 1.00 1.00 1.00 0.8 ∆T 32 30 27 23 32 30 27 23 32 30 27 23 32 30 27 23 32 30 26 23 33 31 28 24 kW 2.20 2.20 2.19 2.2 2.46 2.46 2.46 2.5 2.76 2.76 2.75 2.8 3.08 3.08 3.07 3.1 3.44 3.44 3.43 3.5 3.86 3.86 3.85 3.9 Amps 8.0 8.0 8.0 8.1 9.3 9.2 9.2 9.3 10.6 10.6 10.6 10.7 12.1 12.1 12.0 12.1 13.7 13.7 13.7 13.8 15.6 15.6 15.6 15.7 1150
MBh 36.0 36.5 37.6 39.2 35.7 36.2 37.3 38.8 34.8 35.3 36.3 37.9 33.3 33.7 34.8 36.4 31.3 31.8 32.9 34.5 29.6 30.1 31.1 32.7 S/T 1.00 0.95 0.81 0.7 1.00 1.00 0.82 0.7 1.00 1.00 0.84 0.7 1.00 1.00 0.86 0.7 1.00 1.00 1.00 0.7 1.00 1.00 1.00 0.8 ∆T 31 29 26 22 31 29 26 22 32 30 26 22 31 29 26 22 31 29 26 22 32 30 27 23 kW 2.21 2.21 2.20 2.22 2.47 2.47 2.47 2.49 2.77 2.77 2.76 2.78 3.09 3.09 3.08 3.10 3.45 3.44 3.44 3.46 3.87 3.86 3.86 3.88 Amps 8.1 8.1 8.1 8.1 9.3 9.3 9.3 9.4 10.7 10.6 10.6 10.7 12.1 12.1 12.1 12.2 13.8 13.7 13.7 13.8 15.7 15.7 15.6 15.7 1350
MBh 36.8 37.3 38.4 39.9 36.5 37.0 38.1 39.6 35.6 36.1 37.1 38.7 34.0 34.5 35.6 37.2 32.1 32.6 33.7 35.3 30.4 30.9 31.9 33.5 S/T 1.00 1.00 0.85 0.7 1.00 1.00 0.86 0.7 1.00 1.00 0.88 0.7 1.00 1.00 1.00 0.8 1.00 1.00 1.00 0.8 1.00 1.00 1.00 0.8 ∆T 30 28 25 21 30 28 25 21 30 28 25 21 30 28 25 21 30 28 24 21 31 29 25 22 kW 2.22 2.22 2.22 2.2 2.49 2.49 2.48 2.5 2.78 2.78 2.78 2.8 3.10 3.10 3.10 3.1 3.46 3.46 3.46 3.5 3.88 3.88 3.88 3.9 Amps 8.2 8.1 8.1 8.2 9.4 9.4 9.3 9.4 10.7 10.7 10.7 10.8 12.2 12.2 12.2 12.3 13.8 13.8 13.8 13.9 15.7 15.7 15.7 15.8 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system power High and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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Expanded Cooling Data — DC3SEA4830A*/4840A*+ CAPTA6030A* Outdoor Ambient Temperature 65 75 85 95 105 115 Entering Indoor Wet Bulb Temperature IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 70 1400 MBh 46.9 47.6 48.9 - 46.5 47.1 48.5 - 45.3 45.9 47.3 - 43.2 43.9 45.2 - 40.7 41.3 42.7 - 38.3 39.0 40.4 - S/T 0.64 0.56 0.43 - 0.64 0.57 0.44 - 0.67 0.59 0.46 - 1.00 0.61 0.48 - 1.00 0.63 0.50 - 1.00 0.68 0.55 - ∆T 20 18 15 - 20 18 14 - 20 18 15 - 20 18 14 - 20 18 14 - 21 19 15 - kW 3.03 3.03 3.02 - 3.37 3.37 3.37 - 3.76 3.76 3.75 - 4.18 4.17 4.17 - 4.64 4.64 4.63 - 5.19 5.19 5.18 - Amps 11.0 11.0 11.0 - 12.6 12.6 12.6 - 14.4 14.4 14.3 - 16.3 16.3 16.3 - 18.4 18.4 18.4 - 20.9 20.9 20.9 - 1600 MBh 47.7 48.4 49.8 - 47.3 48.0 49.4 - 46.1 46.8 48.2 - 44.0 44.7 46.1 - 41.5 42.2 43.5 - 39.2 39.8 41.2 - S/T 0.67 0.60 0.47 - 0.68 0.60 0.48 - 0.70 0.63 0.50 - 1.00 0.65 0.52 - 1.00 0.67 0.54 - 1.00 0.72 0.59 - ∆T 19 17 13 - 19 17 13 - 19 17 14 - 19 17 13 - 19 17 13 - 20 18 14 - kW 3.05 3.04 3.04 - 3.39 3.39 3.38 - 3.78 3.77 3.77 - 4.19 4.19 4.18 - 4.66 4.66 4.65 - 5.21 5.20 5.20 - Amps 11.1 11.1 11.1 - 12.7 12.7 12.7 - 14.5 14.4 14.4 - 16.4 16.4 16.3 - 18.5 18.5 18.5 - 21.0 21.0 21.0 - 1800 MBh 48.8 49.4 50.8 - 48.4 49.0 50.4 - 47.2 47.8 49.2 - 45.1 45.7 47.1 - 42.5 43.2 44.6 - 40.2 40.9 42.3 - S/T 0.68 0.61 0.48 - 0.68 0.61 0.48 - 1.00 0.64 0.51 - 1.00 0.65 0.53 - 1.00 0.68 0.55 - 1.00 0.72 0.60 - ∆T 18 16 12 - 18 16 12 - 18 16 13 - 18 16 12 - 18 16 12 - 19 17 13 - kW 3.06 3.06 3.05 - 3.41 3.40 3.40 - 3.79 3.79 3.78 - 4.21 4.21 4.20 - 4.67 4.67 4.67 - 5.22 5.22 5.21 - Amps 11.2 11.2 11.1 - 12.8 12.8 12.7 - 14.5 14.5 14.5 - 16.4 16.4 16.4 - 18.6 18.6 18.5 - 21.1 21.1 21.0 - 75 1400
MBh 46.9 47.6 49.0 51.1 46.5 47.2 48.5 50.7 45.3 46.0 47.3 49.5 43.2 43.9 45.3 47.4 40.7 41.3 42.7 44.8 38.4 39.0 40.4 42.5 S/T 0.76 0.69 0.56 0.4 0.77 0.69 0.56 0.4 1.00 0.72 0.59 0.5 1.00 0.74 0.61 0.5 1.00 0.76 0.63 0.5 1.00 1.00 0.68 0.5 ∆T 25 23 19 15 24 23 19 15 25 23 19 15 24 22 19 15 24 22 19 15 25 23 20 16 kW 3.03 3.02 3.02 3.0 3.37 3.37 3.36 3.4 3.76 3.75 3.75 3.8 4.17 4.17 4.17 4.2 4.64 4.64 4.63 4.7 5.19 5.18 5.18 5.2 Amps 11.0 11.0 11.0 11.1 12.6 12.6 12.6 12.7 14.4 14.4 14.3 14.5 16.3 16.3 16.2 16.4 18.4 18.4 18.4 18.5 20.9 20.9 20.9 21.0 1600
MBh 47.8 48.4 49.8 51.9 47.4 48.0 49.4 51.5 46.1 46.8 48.2 50.3 44.1 44.7 46.1 48.2 41.5 42.2 43.6 45.7 39.2 39.9 41.2 43.4 S/T 0.79 0.72 0.59 0.5 1.00 0.73 0.60 0.5 1.00 0.75 0.62 0.5 1.00 0.77 0.64 0.5 1.00 0.79 0.66 0.5 1.00 1.00 0.71 0.6 ∆T 23 21 18 14 23 21 18 14 24 22 18 14 23 21 18 14 23 21 17 14 24 22 19 15 kW 3.04 3.04 3.03 3.06 3.39 3.39 3.38 3.41 3.77 3.77 3.77 3.79 4.19 4.19 4.18 4.21 4.66 4.65 4.65 4.68 5.20 5.20 5.20 5.22 Amps 11.1 11.1 11.1 11.2 12.7 12.7 12.6 12.8 14.4 14.4 14.4 14.5 16.4 16.3 16.3 16.4 18.5 18.5 18.5 18.6 21.0 21.0 21.0 21.1 1800
MBh 48.8 49.5 50.9 53.0 48.4 49.1 50.4 52.5 47.2 47.8 49.2 51.3 45.1 45.8 47.1 49.3 42.6 43.2 44.6 46.7 40.2 40.9 42.3 44.4 S/T 0.80 0.73 0.60 0.5 1.00 0.74 0.61 0.5 1.00 0.76 0.63 0.5 1.00 0.78 0.65 0.5 1.00 1.00 0.67 0.5 1.00 1.00 0.72 0.6 ∆T 22 20 17 13 22 20 17 13 23 21 17 13 22 20 17 13 22 20 16 13 23 21 18 14 kW 3.06 3.06 3.05 3.1 3.40 3.40 3.39 3.4 3.79 3.79 3.78 3.8 4.21 4.20 4.20 4.2 4.67 4.67 4.66 4.7 5.22 5.22 5.21 5.2 Amps 11.2 11.2 11.1 11.3 12.8 12.7 12.7 12.8 14.5 14.5 14.5 14.6 16.4 16.4 16.4 16.5 18.6 18.5 18.5 18.6 21.1 21.0 21.0 21.1 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system powerHigh and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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Expanded Cooling Data — DC3SEA4830A*/4840A*+ CAPTA6030A* (cont.) Outdoor Ambient Temperature
65 75 85 95 105 115
Entering Indoor Wet Bulb Temperature
IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 80 1400
MBh 47.2 47.8 49.2 51.3 46.8 47.4 48.8 50.9 45.5 46.2 47.6 49.7 43.5 44.1 45.5 47.6 40.9 41.6 43.0 45.1 38.6 39.3 40.6 42.8 S/T 1.00 0.81 0.68 0.5 1.00 0.81 0.68 0.5 1.00 0.84 0.71 0.6 1.00 1.00 0.73 0.6 1.00 1.00 0.75 0.6 1.00 1.00 0.80 0.7 ∆T 29 27 23 19 29 27 23 19 29 27 23 20 29 27 23 19 29 27 23 19 30 28 24 20 kW 3.03 3.03 3.02 3.0 3.37 3.37 3.36 3.4 3.76 3.76 3.75 3.8 4.18 4.17 4.17 4.2 4.64 4.64 4.63 4.7 5.19 5.19 5.18 5.2 Amps 11.0 11.0 11.0 11.1 12.6 12.6 12.6 12.7 14.4 14.4 14.3 14.5 16.3 16.3 16.2 16.4 18.4 18.4 18.4 18.5 20.9 20.9 20.9 21.0 1600
MBh 48.0 48.7 50.0 52.2 47.6 48.3 49.6 51.7 46.4 47.0 48.4 50.5 44.3 45.0 46.3 48.5 41.8 42.4 43.8 45.9 39.4 40.1 41.5 43.6 S/T 1.00 0.84 0.71 0.6 1.00 0.85 0.72 0.6 1.00 0.87 0.74 0.6 1.00 1.00 0.76 0.6 1.00 1.00 0.78 0.6 1.00 1.00 0.83 0.7 ∆T 28 26 22 18 28 26 22 18 28 26 22 19 28 26 22 18 27 25 22 18 29 27 23 19 kW 3.05 3.04 3.04 3.06 3.39 3.39 3.38 3.41 3.78 3.77 3.77 3.79 4.19 4.19 4.18 4.21 4.66 4.66 4.65 4.68 5.21 5.20 5.20 5.22 Amps 11.1 11.1 11.1 11.2 12.7 12.7 12.7 12.8 14.5 14.4 14.4 14.5 16.4 16.4 16.3 16.4 18.5 18.5 18.5 18.6 21.0 21.0 21.0 21.1 1800
MBh 49.1 49.7 51.1 53.2 48.6 49.3 50.7 52.8 47.4 48.1 49.5 51.6 45.4 46.0 47.4 49.5 42.8 43.5 44.8 47.0 40.5 41.1 42.5 44.6 S/T 1.00 0.85 0.72 0.6 1.00 0.86 0.73 0.6 1.00 1.00 0.75 0.6 1.00 1.00 0.77 0.6 1.00 1.00 0.79 0.7 1.00 1.00 0.84 0.7 ∆T 27 25 21 17 27 25 21 17 27 25 21 18 27 25 21 17 26 24 21 17 28 26 22 18 kW 3.06 3.06 3.05 3.1 3.41 3.40 3.40 3.4 3.79 3.79 3.78 3.8 4.21 4.21 4.20 4.2 4.67 4.67 4.67 4.7 5.22 5.22 5.21 5.2 Amps 11.2 11.2 11.1 11.3 12.8 12.7 12.7 12.8 14.5 14.5 14.5 14.6 16.4 16.4 16.4 16.5 18.6 18.6 18.5 18.6 21.1 21.1 21.0 21.2 85 1400
MBh 47.9 48.6 50.0 52.1 47.5 48.2 49.6 51.7 46.3 47.0 48.4 50.5 44.2 44.9 46.3 48.4 41.7 42.4 43.7 45.9 39.4 40.0 41.4 43.5 S/T 1.00 0.90 0.77 0.6 1.00 1.00 0.78 0.6 1.00 1.00 0.80 0.7 1.00 1.00 0.82 0.7 1.00 1.00 0.84 0.7 1.00 1.00 1.00 0.8 ∆T 33 31 27 23 33 31 27 23 33 31 27 24 33 31 27 23 32 30 27 23 34 32 28 24 kW 3.03 3.03 3.03 3.1 3.38 3.38 3.37 3.4 3.77 3.76 3.76 3.8 4.18 4.18 4.17 4.2 4.65 4.65 4.64 4.7 5.20 5.19 5.19 5.2 Amps 11.1 11.1 11.0 11.1 12.6 12.6 12.6 12.7 14.4 14.4 14.4 14.5 16.3 16.3 16.3 16.4 18.5 18.4 18.4 18.5 21.0 20.9 20.9 21.0 1600
MBh 48.8 49.4 50.8 52.9 48.4 49.0 50.4 52.5 47.2 47.8 49.2 51.3 45.1 45.7 47.1 49.2 42.5 43.2 44.6 46.7 40.2 40.9 42.3 44.4 S/T 1.00 0.94 0.81 0.7 1.00 1.00 0.82 0.7 1.00 1.00 0.84 0.7 1.00 1.00 0.86 0.7 1.00 1.00 1.00 0.7 1.00 1.00 1.00 0.8 ∆T 32 30 26 22 32 30 26 22 32 30 26 22 32 30 26 22 31 29 26 22 33 31 27 23 kW 3.05 3.05 3.04 3.07 3.40 3.39 3.39 3.41 3.78 3.78 3.77 3.80 4.20 4.20 4.19 4.22 4.67 4.66 4.66 4.68 5.21 5.21 5.20 5.23 Amps 11.1 11.1 11.1 11.2 12.7 12.7 12.7 12.8 14.5 14.5 14.4 14.6 16.4 16.4 16.4 16.5 18.5 18.5 18.5 18.6 21.0 21.0 21.0 21.1 1800
MBh 49.8 50.5 51.9 54.0 49.4 50.1 51.5 53.6 48.2 48.9 50.2 52.4 46.1 46.8 48.2 50.3 43.6 44.2 45.6 47.7 41.3 41.9 43.3 45.4 S/T 1.00 0.95 0.82 0.7 1.00 1.00 0.82 0.7 1.00 1.00 0.85 0.7 1.00 1.00 0.87 0.7 1.00 1.00 1.00 0.7 1.00 1.00 1.00 0.8 ∆T 31 29 25 21 31 29 25 21 31 29 25 21 31 29 25 21 30 28 25 21 32 30 26 22 kW 3.07 3.06 3.06 3.1 3.41 3.41 3.40 3.4 3.80 3.79 3.79 3.8 4.21 4.21 4.21 4.2 4.68 4.68 4.67 4.7 5.23 5.22 5.22 5.2 Amps 11.2 11.2 11.2 11.3 12.8 12.8 12.8 12.9 14.6 14.5 14.5 14.6 16.5 16.5 16.4 16.5 18.6 18.6 18.6 18.7 21.1 21.1 21.1 21.2 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system power High and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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Expanded Cooling Data — DC3SEA6030A*/6040A*+ CAPTA6030A* Outdoor Ambient Temperature 65 75 85 95 105 115 Entering Indoor Wet Bulb Temperature IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 70 1490 MBh 56.7 57.5 59.2 - 56.2 57.0 58.7 - 54.7 55.5 57.2 - 52.2 53.0 54.7 - 49.1 49.9 51.6 - 46.3 47.1 48.8 - S/T 0.60 0.53 0.41 - 0.60 0.53 0.41 - 0.62 0.56 0.43 - 0.64 0.57 0.45 - 0.66 0.59 0.47 - 1.00 0.64 0.52 - ∆T 22 20 16 - 22 19 16 - 22 20 16 - 22 19 15 - 21 19 15 - 23 21 17 - kW 3.59 3.59 3.58 - 4.03 4.03 4.02 - 4.52 4.52 4.51 - 5.05 5.05 5.04 - 5.64 5.64 5.63 - 6.34 6.33 6.33 - Amps 13.4 13.4 13.4 - 15.4 15.4 15.4 - 17.7 17.6 17.6 - 20.1 20.1 20.0 - 22.8 22.8 22.7 - 26.0 26.0 25.9 - 2000 MBh 59.5 60.3 62.0 - 59.0 59.8 61.5 - 57.6 58.4 60.0 - 55.1 55.9 57.5 - 52.0 52.8 54.5 - 49.2 50.0 51.7 - S/T 0.63 0.56 0.44 - 0.64 0.57 0.45 - 0.66 0.59 0.47 - 0.68 0.61 0.49 - 1.00 0.63 0.51 - 1.00 0.67 0.55 - ∆T 19 17 13 - 19 17 13 - 19 17 13 - 19 17 13 - 19 16 13 - 20 18 14 - kW 3.64 3.64 3.63 - 4.08 4.08 4.07 - 4.57 4.57 4.56 - 5.10 5.09 5.09 - 5.69 5.69 5.68 - 6.38 6.38 6.37 - Amps 13.6 13.6 13.6 - 15.6 15.6 15.6 - 17.9 17.9 17.8 - 20.3 20.3 20.3 - 23.0 23.0 23.0 - 26.2 26.2 26.1 - 2250 MBh 61.5 62.3 64.0 - 61.0 61.8 63.5 - 59.6 60.4 62.0 - 57.0 57.8 59.5 - 54.0 54.8 56.4 - 51.2 52.0 53.6 - S/T 0.60 0.53 0.41 - 0.60 0.54 0.41 - 0.63 0.56 0.44 - 1.00 0.58 0.45 - 1.00 0.60 0.47 - 1.00 0.64 0.52 - ∆T 18 16 12 - 18 16 12 - 18 16 12 - 18 16 12 - 17 15 11 - 19 17 13 - kW 3.66 3.66 3.65 - 4.10 4.10 4.09 - 4.59 4.59 4.58 - 5.12 5.12 5.11 - 5.71 5.71 5.70 - 6.40 6.40 6.39 - Amps 13.7 13.7 13.7 - 15.7 15.7 15.7 - 18.0 18.0 17.9 - 20.4 20.4 20.3 - 23.1 23.1 23.1 - 26.3 26.3 26.2 - 75 1490
MBh 56.7 57.5 59.2 61.7 56.2 57.0 58.7 61.2 54.8 55.6 57.2 59.8 52.2 53.0 54.7 57.3 49.2 50.0 51.6 54.2 46.4 47.2 48.8 51.4 S/T 0.71 0.64 0.52 0.4 0.72 0.65 0.53 0.4 0.74 0.67 0.55 0.4 1.00 0.69 0.57 0.4 1.00 0.71 0.59 0.5 1.00 0.75 0.63 0.5 ∆T 26 24 20 16 26 24 20 16 27 24 20 16 26 24 20 16 26 24 20 16 27 25 21 17 kW 3.59 3.59 3.58 3.6 4.03 4.03 4.02 4.1 4.52 4.52 4.51 4.5 5.05 5.04 5.04 5.1 5.64 5.64 5.63 5.7 6.33 6.33 6.32 6.4 Amps 13.4 13.4 13.4 13.5 15.4 15.4 15.4 15.5 17.7 17.6 17.6 17.8 20.1 20.1 20.0 20.2 22.8 22.8 22.7 22.9 26.0 25.9 25.9 26.1 2000
MBh 59.6 60.4 62.0 64.6 59.1 59.9 61.5 64.1 57.6 58.4 60.1 62.6 55.1 55.9 57.6 60.1 52.0 52.8 54.5 57.0 49.2 50.0 51.7 54.2 S/T 0.75 0.68 0.56 0.4 0.75 0.68 0.56 0.4 1.00 0.71 0.59 0.5 1.00 0.72 0.60 0.5 1.00 0.74 0.62 0.5 1.00 1.00 0.67 0.5 ∆T 24 22 18 13 24 21 17 13 24 22 18 14 24 21 17 13 23 21 17 13 25 22 19 14 kW 3.64 3.64 3.63 3.66 4.08 4.07 4.07 4.10 4.57 4.56 4.56 4.59 5.10 5.09 5.08 5.12 5.69 5.68 5.68 5.71 6.38 6.38 6.37 6.40 Amps 13.6 13.6 13.6 13.7 15.6 15.6 15.6 15.7 17.9 17.9 17.8 18.0 20.3 20.3 20.2 20.4 23.0 23.0 22.9 23.1 26.2 26.2 26.1 26.3 2250
MBh 61.6 62.3 64.0 66.6 61.1 61.8 63.5 66.1 59.6 60.4 62.1 64.6 57.1 57.9 59.5 62.1 54.0 54.8 56.5 59.0 51.2 52.0 53.7 56.2 S/T 0.71 0.65 0.52 0.4 1.00 0.65 0.53 0.4 1.00 0.67 0.55 0.4 1.00 0.69 0.57 0.4 1.00 0.71 0.59 0.5 1.00 1.00 0.64 0.5 ∆T 22 20 16 12 22 20 16 12 23 21 17 13 22 20 16 12 22 20 16 12 23 21 17 13 kW 3.66 3.66 3.65 3.7 4.10 4.09 4.09 4.1 4.59 4.58 4.58 4.6 5.12 5.11 5.10 5.1 5.71 5.70 5.70 5.7 6.40 6.40 6.39 6.4 Amps 13.7 13.7 13.7 13.8 15.7 15.7 15.7 15.8 18.0 17.9 17.9 18.1 20.4 20.4 20.3 20.5 23.1 23.1 23.0 23.2 26.3 26.2 26.2 26.4 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system powerHigh and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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Expanded Cooling Data — DC3SEA6030A*/6040A*+ CAPTA6030A* (cont.) Outdoor Ambient Temperature
65 75 85 95 105 115
Entering Indoor Wet Bulb Temperature
IDB Airflow 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 59 63 67 71 80 1490
MBh 57.0 57.8 59.5 62.0 56.5 57.3 59.0 61.5 55.1 55.8 57.5 60.1 52.5 53.3 55.0 57.6 49.5 50.3 51.9 54.5 46.7 47.5 49.1 51.7 S/T 0.82 0.76 0.63 0.5 1.00 0.76 0.64 0.5 1.00 0.78 0.66 0.5 1.00 0.80 0.68 0.6 1.00 0.82 0.70 0.6 1.00 1.00 0.75 0.6 ∆T 31 29 25 21 31 29 25 21 31 29 25 21 31 29 25 21 31 29 25 20 32 30 26 22 kW 3.59 3.59 3.58 3.6 4.03 4.03 4.02 4.1 4.52 4.52 4.51 4.5 5.05 5.05 5.04 5.1 5.64 5.64 5.63 5.7 6.34 6.33 6.32 6.4 Amps 13.4 13.4 13.4 13.5 15.4 15.4 15.4 15.5 17.7 17.6 17.6 17.8 20.1 20.1 20.0 20.2 22.8 22.8 22.7 22.9 26.0 26.0 25.9 26.1 2000
MBh 59.9 60.7 62.3 64.9 59.4 60.2 61.8 64.4 57.9 58.7 60.4 62.9 55.4 56.2 57.9 60.4 52.3 53.1 54.8 57.3 49.5 50.3 52.0 54.5 S/T 1.00 0.79 0.67 0.5 1.00 0.80 0.68 0.5 1.00 0.82 0.70 0.6 1.00 0.84 0.72 0.6 1.00 1.00 0.74 0.6 1.00 1.00 0.78 0.7 ∆T 28 26 22 18 28 26 22 18 29 26 22 18 28 26 22 18 28 26 22 18 29 27 23 19 kW 3.64 3.64 3.63 3.66 4.08 4.08 4.07 4.10 4.57 4.57 4.56 4.59 5.10 5.09 5.09 5.12 5.69 5.69 5.68 5.71 6.38 6.38 6.37 6.41 Amps 13.6 13.6 13.6 13.7 15.6 15.6 15.6 15.7 17.9 17.9 17.8 18.0 20.3 20.3 20.3 20.4 23.0 23.0 23.0 23.1 26.2 26.2 26.1 26.3 2250
MBh 61.8 62.6 64.3 66.9 61.3 62.1 63.8 66.4 59.9 60.7 62.3 64.9 57.4 58.2 59.8 62.4 54.3 55.1 56.8 59.3 51.5 52.3 54.0 56.5 S/T 1.00 0.76 0.64 0.5 1.00 0.76 0.64 0.5 1.00 0.79 0.66 0.5 1.00 1.00 0.68 0.6 1.00 1.00 0.70 0.6 1.00 1.00 0.75 0.6 ∆T 27 25 21 17 27 25 21 17 27 25 21 17 27 25 21 17 27 25 21 17 28 26 22 18 kW 3.66 3.66 3.65 3.7 4.10 4.10 4.09 4.1 4.59 4.59 4.58 4.6 5.12 5.11 5.11 5.1 5.71 5.71 5.70 5.7 6.40 6.40 6.39 6.4 Amps 13.7 13.7 13.7 13.8 15.7 15.7 15.7 15.8 18.0 18.0 17.9 18.1 20.4 20.4 20.3 20.5 23.1 23.1 23.0 23.2 26.3 26.3 26.2 26.4 85 1490
MBh 58.0 58.7 60.4 63.0 57.5 58.2 59.9 62.5 56.0 56.8 58.5 61.0 53.5 54.3 55.9 58.5 50.4 51.2 52.9 55.4 47.6 48.4 50.1 52.6 S/T 1.00 0.85 0.72 0.6 1.00 0.85 0.73 0.6 1.00 1.00 0.75 0.6 1.00 1.00 0.77 0.6 1.00 1.00 0.79 0.7 1.00 1.00 0.84 0.7 ∆T 35 33 29 25 35 33 29 25 35 33 29 25 35 33 29 25 35 33 29 25 36 34 30 26 kW 3.60 3.60 3.59 3.6 4.04 4.04 4.03 4.1 4.53 4.53 4.52 4.6 5.06 5.06 5.05 5.1 5.65 5.65 5.64 5.7 6.34 6.34 6.33 6.4 Amps 13.5 13.4 13.4 13.6 15.5 15.4 15.4 15.6 17.7 17.7 17.7 17.8 20.1 20.1 20.1 20.2 22.8 22.8 22.8 22.9 26.0 26.0 26.0 26.1 2000
MBh 60.8 61.6 63.3 65.8 60.3 61.1 62.8 65.3 58.9 59.6 61.3 63.9 56.3 57.1 58.8 61.4 53.3 54.1 55.7 58.3 50.5 51.2 52.9 55.5 S/T 1.00 0.88 0.76 0.6 1.00 0.89 0.77 0.6 1.00 1.00 0.79 0.7 1.00 1.00 0.81 0.7 1.00 1.00 0.83 0.7 1.00 1.00 1.00 0.7 ∆T 32 30 26 22 32 30 26 22 33 31 27 23 32 30 26 22 32 30 26 22 33 31 27 23 kW 3.65 3.65 3.64 3.67 4.09 4.08 4.08 4.11 4.58 4.57 4.57 4.60 5.11 5.10 5.10 5.13 5.70 5.69 5.69 5.72 6.39 6.39 6.38 6.41 Amps 13.7 13.7 13.6 13.8 15.7 15.7 15.6 15.8 17.9 17.9 17.9 18.0 20.3 20.3 20.3 20.4 23.0 23.0 23.0 23.1 26.2 26.2 26.2 26.3 2250
MBh 62.8 63.6 65.3 67.8 62.3 63.1 64.8 67.3 60.8 61.6 63.3 65.8 58.3 59.1 60.8 63.3 55.2 56.0 57.7 60.3 52.4 53.2 54.9 57.5 S/T 1.00 0.85 0.73 0.6 1.00 1.00 0.73 0.6 1.00 1.00 0.76 0.6 1.00 1.00 0.77 0.6 1.00 1.00 1.00 0.7 1.00 1.00 1.00 0.7 ∆T 31 29 25 21 31 29 25 21 32 29 25 21 31 29 25 21 31 29 25 21 32 30 26 22 kW 3.67 3.67 3.66 3.7 4.11 4.10 4.10 4.1 4.60 4.59 4.59 4.6 5.13 5.12 5.12 5.1 5.72 5.71 5.71 5.7 6.41 6.41 6.40 6.4 Amps 13.8 13.8 13.7 13.9 15.8 15.8 15.7 15.9 18.0 18.0 18.0 18.1 20.4 20.4 20.4 20.5 23.1 23.1 23.1 23.2 26.3 26.3 26.3 26.4 IDB: Entering Indoor Dry Bulb Temperature Shaded area is ACCA (TVA) conditions. KW=Total system power High and low pressures are measured at the liquid and suction service valves. Amps = outdoor unit amps (comp.+fan)

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DC3SEA3630A*/3640A*+CAPTA3626*
Conditions: 80 °F IBD, 67 °F IWB @ 1150 CFM
Outdoor
Tem. ° F.

Total
BTU/h
Sensible
BTU/h
Latent
BTU/h
Total
Watts
75 36,670 26,290 10,380 2,460
80 36,215 26,415 9,800 2,610
85 35,760 26,540 9,220 2,760
90 34,980 26,295 8,685 2,920
95 34,200 26,050 8,150 3,080
100 33,245 25,680 7,565 3,260
105 32,290 25,310 6,980 3,440
110 31,420 27,930 3,490 3,645
115 30,550 30,550 0 3,850
TVA Conditions @ 95° OD DB, 75° ID DB 63° ID WB
95° 32,980 25,450 7,530 3,080
DC3SEA4830A*/4840A*+CAPT6030*
Conditions: 80 °F IBD, 67 °F IWB @1400CFM
Outdoor
Tem. ° F.

Total
BTU/h
Sensible
BTU/h
Latent
BTU/h
Total
Watts
75 48,790 33,330 15,460 3,360
80 48,185 33,490 14,695 3,555
85 47,580 33,650 13,930 3,750
90 46,540 33,335 13,205 3,960
95 45,500 33,020 12,480 4,170
100 44,230 32,550 11,680 4,400
105 42,960 32,080 10,880 4,630
110 41,800 32,215 9,585 4,905
115 40,640 32,350 8,290 5,180
TVA Conditions @ 95° OD DB, 75° ID DB 63° ID WB
95° 43,880 32,270 11,610 4,170
DC3SEA6030A*/6040A*+CAPTA6030*
Conditions: 80 °F IBD, 67 °F IWB @1490CFM
Outdoor
Tem. ° F.

Total
BTU/h
Sensible
BTU/h
Latent
BTU/h
Total
Watts
75 58,970 37,730 21,240 4,020
80 58,240 37,905 20,335 4,265
85 57,510 38,080 19,430 4,510
90 56,255 37,730 18,525 4,775
95 55,000 37,380 17,620 5,040
100 53,465 36,850 16,615 5,335
105 51,930 36,320 15,610 5,630
110 50,525 36,470 14,055 5,975
115 49,120 36,620 12,500 6,320
TVA Conditions @ 95° OD DB, 75° ID DB 63° ID WB
95° 53,040 36,530 16,510 5,040
Performance

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SS-DC3SEA-R32 www.daikinac.com 11
AHRI Ratings
All AHRI system ratings are accessible in the Unitary Matchup Tool via Daikin City or in the Daikin System Configurator tool via PartnerLink.

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H
W
D
Dimensions
Model
Dimensions
W D H
DC3SEA3630A* 26 26 32½
DC3SEA4830A* 29 29 39½
DC3SEA6030A* 35½ 35½ 39½
DC3SEA3640A* 26 26 32½
DC3SEA4840A* 29 29 39½
DC3SEA6040A* 35½ 35½ 39½

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SS-DC3SEA-R32 www.daikinac.com 13 IO T1 T2 T3 L1 L2 L3 C COMP T1 T2 T3 FC HPS CM PU BR BK BK RD BKRD RD YL BK YL BL/PK BL/PK BR BK RD YL BK PU RD BL/PK BL/PK BL/PK RD YL BK PUBRBK RD YL BK BL/PK BL BL/PK BL BL BL C Y
BL
SEE NOTE 1

EQUIPMENT GROUND
SEE NOTE 2
GND

CONTROL BOX
LVJB
C C C
COMP
MAIN
T1
T2
T3
AUX
T1
L1
T2
L2
T3
L3

OUTDOOR POWER SUPPLY

SEE RATING PLATE
SEE NOTE 2
NOTES:1. TO INDOOR UNIT LOW VLOTAGE TERMINAL BLOCK & INDOOR THERMOSTAT. USE N.E.C. CLASS 2 WIRE.2. USE COPPER CONDUCTOR ONLY.3. CONTROLS SHOWN IN THE "OFF" POSITION.

BLUEBLUE W/PINK STRIPE

BLBL/PK

BROWN BRORANGE ORPURPLE PURED RDWHITE WHYL YLYELLOW W/PINK STRIPE YL/PKBLACK

WIRE COLOR CODE
BK

WIRE COLOR CODE

FACTORY WIRING

LOW VOLTAGE

HIGH VOLTAGE

HIGH VOLTAGE (OPTION)

FIELD WIRING

HIGH VOLTAGE
III

SYMBOLS

CHASSIS GROUND

EARTH GROUND
CLASS 3

READ INSTRUCTIONS
C
HPS
SEE NOTE 1SEE NOTE 2
FC

BL/PK BL/PK BL/PK

CONTACTOROUTDOOR FAN MOTORCOMPRESSORHIGH PRESSURE SWITCHFAN CAPACITORINTERNAL OVERLOADLOW VOLTAGE JUNCTION BOX

COMPONENT CODE

CCMCOMPHPSFCIOLVJB
BK
Y C
0140R01365-A
Wiring Diagram — 3-Phase Wiring is subject to change. Always refer to the wiring diagram or the unit for the most up-to-date wiring. ⚠ WARNING High Voltage: Disconnect all power before servicing or installing this unit. Multiple power sources may be present. Failure to do so may cause property damage, personal injury, or death. ⚡

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Model Description DC3SEA
3630A*
DC3SEA
4830A*
DC3SEA
6030A*
DC3SEA
3640A*
DC3SEA
4840A*
DC3SEA
6040A*
ABK-20 Anchor Bracket Kit ^ X X X X X X
ABK-21 Anchor Bracket Kit ^
ASC-01 Anti-Short Cycle Kit X X X X X X
Factory Installed Hard Start Kit
CSR-U-1 Hard-start Kit X X
CSR-U-2 Hard-start Kit X X X X
CSR-U-3 Hard-start Kit X X
FSK01A¹ Freeze Protection Kit X X X X X X
LSK02A² Liquid Line Solenoid Kit X X X X X X
LAKT01 Low-Ambient Kit X X X X X X
0130R00000S Low-Pressure Switch Kit X X X X X X
^ Contains 20 brackets; four brackets needed to anchor unit to pad ¹ Installed on indoor coil
² Field-installed, non-bleed, expansion valve kit — Condensing units and heat pumps with reciprocating compressors require the use of start-assist components when used in conjunction with an indoor coil using a non-bleed thermal expansion valve refrigerant metering device or liquid line solenoid kit. The TXV should always be sized based on the tonnage of the outdoor unit.

Accessories

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Notes

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Our continuing commitment to quality products may mean a change in specifications without notice. ©2024 • Houston, Texas • Printed in the USA.

Notes

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13 VI. EXHIBIT “A”
Pictures of Site

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21 VII. ATTACHMENT “A”

SAMPLE AGREEMENT

SEE DOCUMENTS SECTION OF PLANETBIDS

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8 ii. BID SHEET FOR City of Hemet Fire Dept Administration Building HVAC Upgrade DATE: _______________________
TO THE CITY OF HEMET, CALIFORNIA:

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.

The undersigned bidder declares that he has carefully examined the specifications and read the terms and conditions, and hereby proposes and agrees, if this bid is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet. 02/24/2025
C.E. Mechanical, Inc.
1, 2, 3, 4, 5
179,868.07
One hundred seventy-nine thousand, eight hundred sixty-eight dollars 07

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11 iii. REFERENCE SUBMITTAL FORM
Firm #1 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #2 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #3 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Chino
Public Works Yard 5050 Schaefer Ave #5549, Chino, CA 91710; 7th St Theater 13123 7th St, Chino, CA 91710; Chino Library 13180 Central Ave, Chino, CA 91710 Griselda Lara 909-334-3481
[email protected]
• Unit Repairs and Unit Replacement. Location: Public Works Yard. Manufacturer: York. Model Number: ZJ090S10. • Unit Service and Repairs. Location: 7th St Theater. Manufacturer: Carrier Model Number: 48GPN0300. • Chiller Replacement and Servicing. Location: Chino Library. Manufacturer: Carrier. Model Number: 30GT050510KA. • VFD Replacement. Location: 7th St Theater Manufacturer: ABB. Model Number: ACH58001031A-2.

For this reference, 4, but there are more
Various dates in 2023
County of Riverside
911 Communications Center 7195 Alessandro Blvd, Riverside, CA, 92506; Public Defender Building 4075 Main St, Riverside, CA, 92501
Daniel Ayala 951-295-6625
[email protected] For this reference, 4, but there are more • Chiller Service, Repairs, and Maintenance. Location: 911 Call Center. Manufacturer: Trane. Model Number: CGAFC404AAA1T. • Controls, Service, Repairs, and Maintenance. Location: 911 Call Center. Manufacturer: Carrier (Chiller 1 & 2). Model Numbers: 30RPD10064 • Service and Repair Existing Tridium Controls System. Location: 911 Call Center. Manufacturer: Tridium Controls. Model Number: N/A • Service Repair and Replacement of Boiler. Location: Public Defenders Office. Manufacturer: Lochinvar. Model Number: CH-0752.

Department of Transportation
Caltrans District 7 Headquarters 100 S. Main Street, Los Angeles, CA, 90012 The Rosa Parks Memorial Building 464 W 4th St, San Bernardino, CA 92401 Denyel Lanik 909-806-3982
[email protected] 3
Various dates in 2023
Various dates in 2023 and 2024
• Preventative Maintenance Equipment: CRAC (Computer Room Air Conditioning) Unit, Manufacturer: Leibert. Model Number: MND18A-PR074. • Replacement of 230/240HP Pumps with addition of VFDs. Chilled water and condenser water pumps. Manufacturer: Peerless Pumps. Model Number:

F2-12505F.
• Chillers 1-3 Service, Repair, and Maintenance. Manufacturer: Trane Chiller 1 Model Number: RT8A0304M. Chiller 2 Model Number: CVHE450. Chiller 3 Model Number: CVHF650.

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10 iv. LOCAL VENDOR PREFERENCE

CITY OF HEMET

B. For purposes of this section, a “qualified local vendor” shall be defined as:

2. It has a business street address (P.O. Box or residential address shall not suffice to establish a local preference);

3. All sales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNED HEREBY REQUESTS PREFERENCE AS A “LOCAL BUSINESS”.

THE “LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST” MUST BE SIGNED IN THE SAME NAME STYLE IN WHICH THE BIDDER IS LICENSED BY THE CITY OF HEMET.

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Q&A Deadline February 26, 2025 3:00 PM (PST)
HVAC Upgrade at Fire Department Administration Building Set 1 Released via Addendum 1 02/12/2025 5:12 PM (PST) – 1 question

1.1 Would Carrier Brand 5 Ton split HVAC units be acceptable? Answer YES. We will accept top-rated commercial-grade HVAC brands.

Set 2 Released via Addendum 2 02/20/2025 4:27 PM (PST) – 7 questions

2.1 Will new thermostats be required?
Answer No, connect the new AC’s unit to the existing thermostats.

2.2 Will new condenser pad caps be required?
Answer No, the current pads are adequate.

2.3 Will new furnace flue vent piping be required? If so, please specify the material? Answer ? Yes, CA Mech code states furnace flue pipes must be made of materials that can resist corrosion, erosion, and cracking from flue gases at temperatures up to 1,800°F.

Must meet current CA code requirements.

2.4 Will new condensate piping be required? If so, please specify the material to be used Answer Yes, new condensate lines. Copper condensate lines are preferred. Ca Mech Code states condensate lines must be made from an "approved corrosion-resistant material" like PVC, ABS, copper, or CPVC, and should be sized based on the equipment capacity, with a minimum slope of 1/8 inch per foot towards the discharge point. Must meet current CA code requirements

2.5 Will DX piping be required to be insulated including AL cladding for piping exposed to the outside?

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Answer Yes, any exposed piping will require new insulation. Must meet current CA code requirements

2.6 Will new pipe supports be required for DX piping?
Answer Yes. Any new piping/conduit runs will require supports. Must meet current CA code requirements.

2.7 1. Will new copper (ACR) piping be required from condensing units to fan coil units? Answer Yes, run new refrigerant lines for each unit.

Set 3 Released via Addendum 3 02/24/2025 12:30 PM (PST) – 3 questions

3.1 Are slim line units okay? Or are box units preferred? Answer If you are referring to slim HVAC units for a ductless mini-split system, then no. We have looked at that route and the price was out of our budget. Box units are preferred, as we are looking for a remove/replace of the current system.

3.2 Are you guys open to install heat pump systems instead? Answer Not for this project. We are looking to replace like-for-like. We currently have gas units and want to keep the gas furnaces.

3.3 Is there a specific sequence for removing the systems, or can we remove all of them at once? Answer This will have to be discussed with the winning bidder. There will be a few variables that need to be addressed. 1-this building will be in-use and we have to provide AC/ventilation for the occupants. 2-depending on award, lead time, scheduling and the weather during the install time, we might have to R&R 3 units at a time. 3- the doghouse where the current 6 furnaces/blowers are located, if that is needed to be completely gutted for the new install or can we section that off. All of this will be finalized with the winning bidder.

Set 4 Released via Addendum 4 02/25/2025 3:24 PM (PST) – 3 questions

4.1 Can the 3phase condensers be replaced with single phase?

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Answer No, the building is equipped with 3-phase electrical and that will stay in use. Generally, 3-phase condensers are considered more energy efficient due to the more balanced power distribution from the three phases.

4.2 If no top end brand can supply 3 phase 454B equipment, will 410A be acceptable? Answer No, we will require the current CA standard refrigerant of R-454B

4.3 Going back to question 3.1 in regards to the slim line unit, I was referring to a slim line Bryant/Carrier condenser.

Not a mini Split.

Answer For this project, we prefer the box unit.

Set 5 Released via Addendum 5 02/27/2025 11:17 AM (PST) – 2 questions

5.1 The scope of work is missing the economizer, which is required per code. Please clarify is contractor to install (6) economizers for the (6) 5-ton split HVAC units.

Answer CA Title 24 requires economizers, the new units need to meet all CA requirements.

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5.2 Scope of work on page 5 pf the RFP indicates that contractor to handle all permits, plan fees and engineered drawings. Please clarify if this scope still applies.

Answer Yes this still applies, but due to this being a City project on a City building we will work with the awarded bidder. It will be a mechanical, HVAC changeout permit.

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Copyright © 2024 State of California
Data current as of 12/9/2024 3:00:52 PM
Home | Online Services | License Details
Contractor's License Detail for License # 765670
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.

Business Information

C E MECHANICAL INC
13327 ELLIOT AVE
CHINO, CA 91710
Business Phone Number:(909) 548-0925
Entity Corporation
Issue Date 07/13/1999
Expire Date 07/31/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C20 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100148365
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual DAVID MICHAEL TICKENOFF certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 07/13/1999
Workers' Compensation
This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number:UB9P433077
Effective Date: 07/16/2024
Expire Date: 07/16/2025
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

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eCPR Public Search Public Works Support Contractors Projects Register Log in Home  Customer Account Lookup  C.E. Mechanical, Inc.

C.E. Mechanical, Inc.

Customer Account Lookup
Name
C.E. Mechanical, Inc.

Customer Account
Type
 C.E. Mechanical, Inc.

Contractor
Website
(empty)
Email
[email protected]

Address 1
13327 Elliot Avenue
Address_2
City
Chino
State
California (CA)
Zip
91710
Contractor Status
CSLB
765670
Legal Name
C.E. Mechanical, Inc.

Business Structure
Business Phone
9095480925
Registration Number
President
David Tickenoff
PWCR
2000001498
Registration Start Date
2024-07-01
Registration End Date
2025-06-30
Doing Business As (DBA)
Crafts
Legacy Registration Date
2024-07-01
Legacy Registration Expiration
2025-06-30
DIR Approved
-- None --
Sheet Metal Worker Plumber

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Certification Type Status From To
SB-PW Approved 01/21/2025 01/31/2027
Printed on: 2/12/2025 7:28:33 AM
To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services
Certification ID: 39113
Legal Business Name:

C.E. Mechanical, Inc.

Doing Business As (DBA) Name 1:

C.E. Mechanical, Inc.

Doing Business As (DBA) Name 2:

C.E. Mechanical, Inc.

Address:
13327 Elliot Avenue
CA
Chino
CA 91710
Email Address:

[email protected]
Business Web Page:
cemechanical.com
Business Phone Number:
909/548-0925
Business Fax Number:
909/548-0926
Business Types:

Construction , Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605

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Page | 1

MINOR PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
ALLISON MECHANICAL, INC.

A CALIFORNIA CORPORATION

AGREEMENT # 2025-075

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND ALLISON MECHANICAL, INC.

HVAC UPGRADE FOR FIRE DEPARTMENT ADMINISTRATION BUILDING This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 25th day of March, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Allison Mechanical, Inc., a California corporation (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. City desires to engage Contractor for performance of the following public work of improvement HVAC Upgrade for Fire Department Administration Building Project (the "Project” or the “Work").

C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification(s): B, C20, C36, and HAZ which it shall maintain for the duration of the Contract.

D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.

E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.

F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

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SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:

HVAC Upgrade for Fire Department Administration Building Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.

2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.

3. Protect all materials to be used in the Work in accordance with the specifications.

4. Protect existing facilities and personal property.

5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.

6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.

7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.

8. Coordinate with City-scheduled events.

9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.

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10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.

B. The following documents are incorporated into and made part of this Contract by this reference:

1. Insurance Requirements (Exhibit A)

2. Designation of Subcontractors Form (Exhibit B)

3. Public Works Contractor Registration Certification (Exhibit C)

4. Payment and Performance Bonds (Exhibit D)

5. Contractor’s Proposal (Exhibit E)

6. Change orders - issued in accordance with the Contract Documents

7. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version

8. City Standard Specifications, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.

D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.

SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of One Hundred and FiftyThree Thousand Five Hundred Dollars ($153,500.00) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.

B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor

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may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.

If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.

C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.

D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.

E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].

F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.

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SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

SECTION 4. TIME
A. Contractor shall complete the Project no later than thirty (30) calendar days following City's issuance of the Notice to Proceed (the "Contract Time").

B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.

C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of five hundred ($500) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.

D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.

E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.

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F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.

SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.

Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.

C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.

Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor

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shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.

D. Public Works Contractor Registration.

1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.

2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”

3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

E. Hours of Work.

1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.

2. The Contractor shall perform all work during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.

City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

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F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"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 selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.

SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.

Contractor shall not be compensated for any change made without City’s written direction.

No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.

B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;

2. By a combination of existing and new unit prices and related quantities for the changed work;

3. Time and Materials, calculated as set forth in Section 6(C), below; or

4. By mutual acceptance of a lump sum.

C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:

1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall

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include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.

2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.

3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.

4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.

Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as

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a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.

5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.

6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and home office overhead. No markup will be allowed on taxes, insurance, and bonds.

D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.

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SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.

B. If a claim cannot be resolved through direct discussions between City and Contractor, disputesfor three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.

C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.

D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.

E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.

F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.

G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.

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H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.

B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.

C. Contractor shall make the Work accessible at all reasonable times for inspection by City.

Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.

D. When the Work is completed, Contractor shall request, in writing, a final inspection.

Within ten (10) days of the receipt of such request, City shall make a final inspection.

Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.

E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.

SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.

C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the

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Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.

E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.

SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.

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B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.

SECTION 12. BONDS AND INSURANCE
A. Bonds.

1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.

2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract

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Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.

B. Insurance.

1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.

SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.

Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.

Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.

C. This Contract shall be governed by and construed in accordance with the laws of the State of California.

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SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.

SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009-0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.

SECTION 18. MISCELLANEOUS
A. Existing Utilities.

1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.

2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.

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3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.

4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.

5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.

6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.

B. Differing Site Conditions.

1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,

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b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

2. Contractor shall give notice in accordance with the Change Order provisions above.

3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.

4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.

5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.

C. Records and Audits.

1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.

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3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.

D. Clayton Act and Cartwright Act.

Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.

E. Contractor Supervision.

The Contractor shall provide competent supervision and staffing of the Work as approved by City.

As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.

F. Character Of Workers.

If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.

G. Cooperation.

Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.

H. Notices.

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All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.

Hemet, CA 92543
To Contractor: Allison Mechanical, Inc.

Attn: Mark Allison
PO Box 9596
Redlands, CA 92375
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

I. Nondiscrimination.

Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

J. Safety.

Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures;

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(b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND ALLISON MECHANICAL, INC.

HVAC UPGRADE FOR FIRE DEPARTMENT ADMINISTRATION BUILDING IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

City of Hemet Allison Mechanical, Inc.:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________
Dated: ___________________________ Dated: ___________________________ By: ___________________________
Printed Name: _____________________
Title: ___________________________
Dated: ___________________________
(Attach Acknowledgment for Authorized
Representative of Contractor)
License No.: ________________________
ATTEST:

CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham

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EXHIBIT A

INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

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5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

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11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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EXHIBIT B

DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of Work: _____________________________________
SubAllison Mechanical, Inc. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
SubAllison Mechanical, Inc. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________

Name of Contractor: Allison Mechanical, Inc.

Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT C

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Contractor: Allison Mechanical, Inc.

DIR Registration Number: 1000002213
Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: Allison Mechanical, Inc.

Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT D

BOND FORMS

PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated March 25, 2025 is in the amount of $153,500.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Allison Mechanical, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or
other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Allison Mechanical, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: HVAC Upgrade for Fire Department Administration Building, dated March 25, 2025, in the amount of
$153,500.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph

4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

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Hemet City CouncilMarch 25, 2025

Hemet City Council
March 25, 2025