Loading...
HomeMy WebLinkAboutC35850 - Rplc 2 AC Units at Desert Willow Golf Resort (DWGR) ClubhouseCONTRACT NO. C35850 CITY OF PALM DESERT ECONOMIC DEVELOPMENT STAFF REPORT REQUEST: AUTHORIZATION TO AWARD CONTRACT NO. C35850 to MMJ CONSTRUCTION, INC. TO REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE IN THE AMOUNT NOT TO EXCEED $34,873.00 SUBMITTED BY: Martin Alvarez, Director of Economic Development VENDOR: MMJ Construction, Inc. 39100 Air Park Drive Temecula, CA 92592 DATE: CONTENTS Recommendation October 27, 2016 Agreement By Minute Motion the City Council: 1. Accept the withdrawal of bid from Johnson Controls, Inc.; and 2. Authorize the Mayor to award and execute Contract No. C35850 with MMJ Construction, Inc. to replace two (2) air conditioning units at the Desert Willow Golf Resort Clubhouse in the amount not to exceed $34,873.00; 3. Declare the existing two air conditioners as surplus and authorize the disposal of them. Funds are available in Fund 4414195-4809200. Strateqic Plan Obiective Desert Willow is identified as a priority in both the Parks and Recreation and Economic Development sections of the Envision Palm Desert Strategic Plan. The on -going maintenance of the Desert Willow Golf Resort's golf courses sustains one of the City's premier recreational facilities which serves residents and visitors. By preserving and enhancing this facility, the City furthers its goals of continuing the high quality of life that our residents and visitors expect, and providing recreational and exercise opportunities pervasive in all public spaces. Staff Report Replace two (2) air -conditioner at Desert Willow Clubhouse, MMJ Construction, Inc. October 27, 2016 Page 2 of 3 Background The existing Desert Willow Golf Resort clubhouse opened in the early 2000's and has been in operation for over 15 years. Over the last two fiscal years, staff has replaced three (3) of the original air conditioning units that have either failed or required significant repairs. As part of the Desert Willow Fiscal Year 2016/17 Capital Budget, the City Council approved funding for the replacement of two (2) air conditioning units. The replacement of the existing air conditioning units has been prioritized based on age, condition and efficiency. Based on this prioritization, staff chose to seek bids for the replacement of two units that serve the main dining areas know as Salons A and B. These two units consist of a 10 ton (ERR 10) and 17.5 ton (ERR 9.1) package units. On September 22, and 28, 2016, a notice was published in the Desert Sun requesting bids for the replacement of these two (2) air conditioning units at Desert Willow Golf Resort. On October 3, 2016, sealed bids were publically opened by the City Clerk with the following results: Contractor Location Price 1 Johnson Controls, Inc. Cypress, CA $34,207.88 2 MMJ Construction, Inc. Temecula, CA $34,873.00 3 Desert Air Conditioning, Inc. Palm Springs, CA $43,390.00 Staff and the City Attorney reviewed the bids and determined that the lowest apparent bidder, Johnson Controls, Inc., was unresponsive as they failed to list a crane subcontractor for the installation of the units. Johnson Controls has informed staff that they will be unable to self -perform the crane work and thus request to withdraw their bid. The lowest responsible bidder is MMJ Construction, Inc. in the amount of $34,873.00. MMJ Construction's bid meets the project specifications and they are qualified to complete the project. Staff recommends that the City Council award a contract to MMJ Construction, Inc. to replace two (2) air conditioning units at Desert Willow Golf Resort in the amount not to exceed $34,873.00. G VdaNartin Alvarez\Desert Willow\HVAC ReplaceTY 16-17\$R DW HVAC-Award 10-27-16 docx Staff Report Replace two (2) air -conditioner at Desert Willow Clubhouse, MMJ Construction, Inc. October 27, 2016 Page 3 of 3 Fiscal Analvsis Funds for the replacement of two (2) air conditioning units have been budgeted in the FY 2016-17 Desert Willow Capital Budget (Fund 441). The new units are more energy efficient and will result in a reduction in electrical use. Prepared By: i <artin Alvarez v Director of Economic Development Reviewed: W"Zfe � .lane Moore, Direct& of Finance Approval- l Lauri Aylaian, City Manager Department Head: Z� t Rudy a Assistant City Manager G krdaWartin AlvarezMesert Willow\HVAC ReplaceTY 16-17\SR DW HVAC-Award 10-27-16 docx CONTRACT NO. C35850 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 27th day of October 2016 by and between the City of Palm Desert, California (hereinafter referred to as "CITY"), a municipal corporation whose principal office is located at 73-510 Fred Waring Drive, Palm Desert, California 92260, and MMJ Construction, Inc. (hereinafter referred to as "CONTRACTOR"), a heating, ventilating, and air conditioning company whose principal office is located at 39100 Air Park Drive, Temecula, CA 92592 . (CITY and CONTRACTOR may sometimes be referred to individual or collectively as "Party" or "Parties"). WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for CITY Project, 1. REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE, in strict accordance with the Contract Documents identified below, CITY has accepted said bid in an amount not to exceed Thirty Four Thousand Eiqht Hundred Seventy Three Dollars ($34.873.00). 2. CONTRACTOR states that it has: (a) re-examined its Contractor's Bid, and found it to be correct; (b) ascertained that its subcontractors are properly licensed, and possess the requisite skill and forces; and (c) examined the site and Contract in accordance with the Contract Documents, for the money set forth in its bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. N/A; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions, and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full, and upon the proper issuance of their documents, they shall likewise be deemed incorporated. Page 1 CONTRACT NO. C35850 2. Proiect Term. CONTRACTOR shall: (a) commence the work within ten (10) calendar days after the date of the "Notice to Proceed"; (b) do all things necessary to construct the work generally described in Recital No. 1, in accordance with the Contract Documents; and (c) complete said work within thirty (30) calendar days from the "Notice to Proceed" date, to the Project Manager's satisfaction. 3. Independent Contractors. CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor its elected officials or its appointed officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, agents, or subcontractors, except as set forth in the Contract Documents. 4. Indemnification. CONTRACTOR agrees to indemnify, defend, and save CITY, its elected officials, its appointed officers, employees, and agents, and the Project Manager, harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to CONTRACTOR'S employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of CONTRACTOR or its officers, employees, agents, or subcontractors, and all expenses of investigating and defending against same. b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. C. Attention is directed to the "General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless" sections, which specifications are made part of this Agreement as set forth above in Paragraph 1 of this Agreement. d. Attention is directed to Section 6-9, "Liquidated Damages," of the Standard Specifications. This section is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be One Thousand Dollars ($1,000) dollars per calendar day of delay. 5. Disputes. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being CITY or CONTRACTOR, should be Page 2 CONTRACT NO. C35850 entitled to a reasonable sum for attorney's fees that are incurred in any such litigation relating to this Agreement. 6. Application. This Agreement shall be binding upon all parties hereto, and their respective heirs, executors, administrators, successors, and assigns. 7. Governinq Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 8. Notices. All notices required or permitted under this Agreement shall be in writing, and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, and address as follows: For CITY: City of Palm Desert Attention: Lauri Aylaian City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 For CONTRACTOR: 9. Pavment of Subcontractors. CONTRACTOR shall be paid in the manner set forth in the Contract Documents, based upon the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime CONTRACTOR agrees to pay each subcontractor under this prime Contract for satisfactory performance of its Contract, no later than ten (10) days from the receipt of each payment that the prime CONTRACTOR receives from CITY. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause, following CITY'S written approval. Release of Retention: CONTRACTOR agrees further to release retention payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause, following CITY'S written approval. Page 3 CONTRACT NO. C35850 10. Worker's Compensation Insurance. Execution of the Agreement by the parties constitutes: (a) their agreement to abide by all applicable provisions of the California Labor Code; (b) CONTRACTOR'S certification that he is aware of the provisions of said Labor Code, and will comply with them; and (c) CONTRACTOR'S certification as follows: "I am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above -written. This Agreement is being executed in two (2) duplicate originals, each of which together shall constitute one and the same instrument. CITY shall retain one (1) duplicate original, and CONTRACTOR shall retain one (1) duplicate original. CITY: Lauri Aylaian, City Manager City of Palm Desert ALL SIGNATURES ABOVE ATTESTED BY: Rachelle D. Klassen, City Clerk CONTRACTOR: Page 4 CONTRACT NO. C35850 CONTRACTOR ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) SS. County of ) On , 2016, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY ACKNOWLEDGMENT (seal) A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. I State of California ) ) SS. County of Riverside ) On , 2016, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 5 (seal) CONTRACT NO. C35850 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Palm Desert (hereinafter referred to as "CITY") has awarded to MMJ Construction, Inc. (hereinafter referred to as "PRINCIPAL"), a Contract for: REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE WHEREAS, said PRINCIPAL is required under the terms of said Contract to furnish a good and sufficient bond for the performance of said Contract: NOW THEREFORE, WE, the PRINCIPAL, and as Surety, are held and firmly bound unto CITY, in the penal sum of Thirtv Four Thousand Eight Hundred Seventv Three Dollars ($34,873.00), being One Hundred Percent (100%) of the Contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above -bounded PRINICIPAL, its executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said Contract and any alterations thereof made as therein provided, on its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its elected officials, and its appointed officers, employees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or the Specifications. Page 1 CONTRACT NO. C35850 Should it become necessary for CITY to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the above -named PRINCIPAL and Surety, on this day of 12016. SURETY INSURANCE COMPANY and/or AGENT. ADDRESS: TELEPHONE NUMBER: PRINCIPAL L'" Page 2 CONTRACT NO. C35850 SURETY ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PRINCIPAL ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 3 CONTRACT NO. C35850 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the City of Palm Desert (sometimes hereinafter referred to as "OBLIGEE") has awarded to MMJ Construction, Inc. (hereinafter referred to as "CONTRACTOR"), an agreement dated October 27, 2016 described as follows: REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE, (hereinafter referred to as "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said CONTRACT, and pursuant to California Civil Code Section 9100 et seq.; NOW, THEREFORE, we, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert, and to any and all persons, companies, or corporations entitled to file stop notices under California Civil Code Section 9100, in the sum of Thirtv Four Thousand Eight Hundred Seventv Three Dollars ($34,873.00), said sum being not less than One Hundred Percent (100%) of the total amount payable by said OBLIGEE under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR or his or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay: 1) for any materials, provisions or other supplies, implements, machinery or power used in, upon, for, or about the performance of the Public Work contracted to be done; 2) any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon; 3) for amounts due under the California Unemplovment Insurance Code with respect to such work or labor; 4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his subcontractors, pursuant to California Unemplovment Insurance Code Section 13020, with respect to such work and labor as required by the provisions of California Civil Code Section 9100 et seq.; or 5) for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under California Civil Code Section 9100, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 4 CONTRACT NO. C35850 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of Contract or to the work to be performed thereunder or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between OBLIGEE and CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if OBLIGEE is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay OBLIGEE'S reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2016. PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies that execute bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance as defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant, or loan funds, it must also appear on the United States Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page 5 CONTRACT NO. C35850 SURETY ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PRINCIPAL ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 6 C — CONTRACTOR'S BID FORM REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE TO: CITY OF PALM DESERT ("CITY") DATE: Q © ( BIDDER: ✓irl�i 1� Co n S 4 r'J c- T, a,1 —}J 1 CONTRACTOR") The UNDERSIGNED, "CONTRACTOR", having carefully examined the jobsite and the Contract Documents for the REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE, hereby proposes to execute he work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this bid (hereinafter referred to as "Bid"). By submitting this Bid, CONTRACTOR agrees with CITY: That unless withdrawn in person by CONTRACTOR or some person authorized, in writing, by CONTRACTOR — not by telephone or by telegram — before the time specified in the "Notice Inviting Bids" for the public opening of Bids, this Bid shall constitute an irrevocable offer for sixty (60) calendar days after that date. 2. CITY has the right to reject any or all Bids; to waive any irregularities or informalities contained in a Bid; and to accept any Bid or portion thereof. 3. That only the governing body of CITY may award the Contract. The Contract shall be deemed awarded only after: (a) CONTRACTOR has all submitted all Contract Documents, bonds, and insurance documentation to CITY, and said documentation is complete; and (b) CITY has obtained all of the necessary signatures of the governing body, at which time the Contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require in order to determine the bidder's financial standing, and its ability to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that, if awarded the Contract, CONTRACTOR will execute the Agreement, and deliver the required bonds and certificates of insurance within ten (10) calendar days after notice of award. If CONTRACTOR fails to execute and deliver said documents, then the check or bond shall be charged with the costs of the resultant damages to CITY, including, but not limited to, publication costs; the difference, in money, between the amount bid, and the amount in excess of the Bid that CITY or a third party incurs in doing the work, including, Page C-1 but not limited to, additional salaries and overhead; increased costs of funding the project; attorney expense; additional engineering and architectural expense; and the cost of maintaining or constructing alternate facilities, that is caused by CONTRACTOR'S failure to execute, and deliver said documents. Please bid your lowest price for the complete cost of installing and re -ducting into building (if necessary) each new HVAC unit shown below. This includes the costs of Testing and Balancing each unit. In your bid, the HVAC units should correspond with the ones shown on Pages 1 and 2 of "General Specifications", "Scope of Work". 2 j P., or rn f to DISCOUNTS TOTAL BID PRICE 13 q34-$ l2.Y N �•.�o TOTAL BID PRICE IN FIGURES: $ -Z,� Li, X? _,S, 6a $35� t7q3 so �soo $17 0 TOTAL BID PRICE IN WORDS: I �7 h ri 0 The undersigned CONTRACTOR, having examined and determined the scope of work, hereby proposes to provide the required travel, labor, services, materials, and equipment, and to perform the services as described in the Contract Documents, and to do all work at the prices set forth here. The undersigned CONTRACTOR also certifies that this Bid is made in good faith, and without collusion or connection with any other person or persons bidding on the work. IN WITNESS WHEREOF, CONTRACTOR executed this Bid as of date set forth on Page C-1: Signature: ,a I �� Printed Name: JI a =\, I Title: "? r C-S Page C-2 "CONTRACTOR" ACKNOWLEDGEMENT OF ADDENDA All bidders shall be responsible for ensuring that their bid is submitted on the latest project documents, and that all Addenda are included, by contacting the Project Manager. CONTRACTOR has received the following Addenda from CITY, receipt of which is hereby acknowledged: 1,q Addendum Number: /j% Date Received: Addendum Number: Date Received: Addendum Number: Date Received: Signature: P,-->� Date: i O ' (� - o A notary public or other officer completing this certificate verities onh, the identity of the State of California ) individual who Signed the document, to which this certifica'e ; : arached. and not the truthfulness, County of �1� �1'n ) accuracy. or vaiid&j of that document. 1J � 1__,_..._....».._._..._,._....._._.._.......,_............ Subscribed and sworn to (or a#r med) before me on this day of ifx'fi�b�:l� (month), 20,(G (year), by , l LA PY proved to me on the basis of satisfactory evidence to be the persorgo who appeared before me. Signature of NotaryTtt,4 " Co�,tnsq Page C-3 (Seal of Notary) TOMAS ELEAZAR COROr,L L E Commission # 2098815 z ,.fie Notary Public - California i Z Riverside County Mr Comm. Expires Mar 1, 2019 D — INFORMATION REQUIRED OF BIDDER GENERAL COMPANY INFORMATION: Company Name: IM m3 Ce;o 5. - -r -) GA ; ,Z> . Company Address: PR r' �_ ICD r t Owner Name: � � : � ,� •1 —.S4v /)- 6�R- Contact Person,,,,, ; � r." -% IL Contact Person's Title: C��{- MINIMUM QUALIFICATIONS: Phone: _ 9sa -A ( ( -,?(,.;? E-Mail: I 1. Active California Class "C-20" License No.: q 2 y q `j q Exp. Date: /;k-31r ( % 2. Active City of Palm Desert Business License No.: W ill ob ;,\ Exp. Date: 1 F-- c e- , L4,r_cA 3. Current Employment Identification No.: qo - l 0% Exp. Date: ORGANIZATION STRUCTURE: 4. Type of Firm (Individual, Partnership, or Corporation): Co Rin. . 5. Corporation organized under the laws of the State of: CA= : Po r 6. Number of years in business under Current Company Name/License No.:_ 7. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 0 A (21.Dr h r r V% 8. Number of employees in your company: ir5 �f ra i c�-,ti A- -Sc c-f ''¢A A Fao ,n S'C 16 Jo -To Lz 9. Have you ever had your California Contractor's License suspended, cancelled, or revoked? If so, why and for how long? ry D 10.Do you have a current, active Workers' Compensation Insurance Policy (Yes/No)? If YWs so, (a) who is the carrier; (b) what is the policy number; and (c) when does the policy expire? sr'q.�r PQ^C:� 9(-. UCo-If -eXf- 3i% 11.Number of years of expene ce that you or your subcontractor have in installing commercial HVAC units: . Page D-1 Contractor hereby swears under penalty of perjury that the information provided above is true and correct. By.- USignature RELEVANT EXPERIENCE: Title: :P�1' "" -e n " "Contractor" 11. Number of years of experience that you or vour subcontractor have in commercial HVAC maintenance and repair: 2,C�'l-ca-rs 12. Please list experience of "key personnel" who would be assigned to supervise or work on the jobsite: 13. Please describe current employee training and/or relevant certifications. Staff Name Job Title Licenses/Certifications Years of HVAC (attach copies) Experience 2. r- Webs 3. 4. 14. Pursuant to California Public Contractinq Code Section 4100 et seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The bidder shall list all subcontractors who will perform work or labor or render service to Contractor in excess of One -Half of One Percent (0.5%) of the Contractor's Bid. Subcontractor Name:_0 ,r License Number: _r A - -1,.. ,�. C �, �, ; ►-, r. Business Address:, G� Page D-2 Telephone: 7 6 O - 3 o-L9 — Work Description: C 2.4:� h <„ Percent of Work: Subcontractor Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractor Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Wt �VI S Con � �- r v �-�- : fl n �✓� L, Print Name of Bidder gihnature of Bidder REFERENCES: 15. List at least three (3) similar HVAC installation projects that you firm has undertaken over the last twenty-four (24) months. The City of Palm Desert reserves the right to contact references as part of the evaluation and selection process. Citv of Palm Desert projects will not be accepted as a reference. I'T Contract Amount No. of HVAC Date Completed Name, Address & Units Installed Telephone No. of Owner 4_51 \S01 ��l -a" aS0 oaL-) /0 Sst-4cr__ �9G•�. Page D-3 J ` ^'` �r e ✓�+ g ►� (plot- 8 q 3- (ol 3 Sp A�z K,cl--i-ecZo" YY1e-Ais4-1 &6 +19 vr, (cam,+ 91571-�`-t5'. ?`� 16. List at least three (3) commercial HVAC installation projects in which your firm has installed an HVAC unit within a thirty (30) — day period for a sin le customer at a sinqle iobsite, over the last twenty-four (24) months. The City of Palm Desert reserves the right to contact references as part of the evaluation and selection process. Citv of Palm Desert vroiects will not be accepted as a reference. Contract Amount No. of HVAC Date Completed Name, Address & Units Installed Telephone No. of Owner : A o.,.5�-►+� o $ I S- 530 - '7a 3,G 1.0 g q rn e g el r Corn P � e.-� : � •, y ,bow` 2.56 ��� �}�!a KVol v�rc�t �.�-cM��r- S 1 l A--'n -T-976� �9 pro x IR.i C a.>-, -�- � �l e e► 3. Gnu ono S.9 qs/ -a.�-- 17. N/A 18. How many employees would your firm assign to install the HVAC unit? 2 — 19. Has your firm ever had any issues with commercial HVAC installations that required the manufacturer's involvement? If so, please list the client, and the client's contact information. IV D 20. The City may require a financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition. Page D-4 CERTIFICATION: The bidder certifies that the information provided above is a true representation of its qualifications, and agrees to comply with these assurances if awarded the Contract, and during Contract performance. Signature: Date: Printed Name: A4=1 A:!, Title: ?f c., " � rti k— Page D-5 E - NON -COLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the `Pt r>�,r, "� (Title) of M M r., �-E cu c-' (Name of Company), the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine, and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham Bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or that of any other bidder. All statements contained in the Bid are true. The bidder has not, directly or indirectly, submitted its Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on d a 2016, at�- City State By: Signature Title: "CONTRACTOR" M S ConC_ Page E-1 F -- BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS: That we, MMJ CONSTRUCTION, INC. as Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto the City of Palm Desert ("City") in the sum of $ 10% (10% of Bid) to be paid to the City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above bounden principal to perform certain work described as follows: REPLACE TWO (2) AIR CONDITIONING UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE The general items of work to be done hereunder consist of: Remove, dispose of, and replace of two (2) commercial heat pump HVAC units; connect the new units to existing ductwork, electrical wiring, drain, and refrigerant piping; install one (2) new Title 24-Compliant Commercial Programmable Setback Thermostats (if applicable); and clean-up the jobsite. and dated OCTOBER 11, 2016 is accepted by the City of Palm Desert, and if the above -bounden Principal MMJ CONSTRUCTION, INC. shall duly enter into and execute a Contract for such construction, and shall execute and deliver the Payment Bond, the Performance Bond, and insurance certificates as required by said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Page F-1 t-m- IN WITNESS WHEREOF, We hereunto set our Hands and Seals this -?Trr day of OCTOBER 2016. Contractor's Name: MMJ CONSTRUCTION, INC. Contractor's Signature: q6e! Title: JUDY BAILEY-SAVA ,PRESIDENT Address: 39707 GREEN OAKS DRIVE, TEMECULA, CA 92592 Telephone: 951 /216-8862 Surety's Name: WESTERN SURETY COMPANY Surety's Signature: 9�✓ Q Title: MARK D. IATAROLA, ATTORNEY -IN -FACT Address: P.O. BOX 5077, SIOUX FALLS, SD 57117-5077 Telephone: 800/331-6053 Acknowledgment A rotary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of 00 tbL-5� On OMOM (0, u�� before me,`fi>3P6 tLL*-W COKIWU i Nv1ti�y VlAti- IC personally appeared J 1<3ki Ley- SNG , who proved to me on the basis of satisfactory evidence to be the personKwhose nameks`j is/subscribed to the within instrument and acknowledged to me that ji6/she/thK executed the same in t;is%her/ttWir authorized capacity(ieig), and that by t er/ter signature(W n the instrument the persort,(s� or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c ,CII WITNESS hand and official seal. Signature: - A,;� (Seal) Page F-2 TOA�AS ELEAZAR CORONEL 1 Commission # 2098815 e i Notary Public - California z J Riverside County MY Comm. Expires Mar 1, 201 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SAN DIEGO ) On 10/7/2016 before me, MICHELLE M. BASUIL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(e) of Signers) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(a) is/ere subscribed to the within instrument and acknowledged to me that he/sheAlgeq executed the same in hisMer heir authorized capacity(kw4, and that by his/ 4e* signature(s) on the instrument the person(e), or the entity upon behalf of which the person(&) acted, executed the instrument. MICHELLE M. BASUIL "i COMM # 2034911 Z SAN DIEGO COUNTY QQQ r NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES v v v Y AUG. 24. 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature w. Yi 4_ _� I � I w _ Signatd'e—of Notary Public OPTIONAL Though this section is 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: MARK D. IATAROLA I I Corporate Officer — Title(s): 1 1 Partner — _ Limited =1 General Individual X Attorney in Fact I Trustee -1 Guardian or Conservator i . Other: Signer Is Representing: Signer's Name: L] Corporate Officer — Title(s): I ; Partner — . Limited ` General - Individual i Attorney in Fact -1 Trustee i i Guardian or Conservator j Other: Signer Is Representing: U/O�•kl�aO�=AW:�OS:d61X1� �6�'=�4.4n-��.-4 :Z4 4 S S ..4"..4 4`�nu4� ©2014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby matte, constitute and appoint Helen Maloney, John G Maloney, Mark D Iatarola, Individually of Escondido, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June, 2015. WESTERN SURETY COMPANY atA�' Y'4M aul T. Bruflat, Vice President State of South Dakota 1 J? County of Minnehaha ss On this 16th day of June, 2015, before the personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his tame thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +"% ' 8. ETCH ; February 12, 2021 �('�7g0 TH NM(T S. Eich, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still ui force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto sub5crbed my name and affixed the seal of the said corporation this 7TH day of OCTOBER . 2016 WESTERN SURETY COMPANY liR / L Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.