HomeMy WebLinkAboutPurchase Ratify Purchase of 2 AC Units for Mesa View Fire Station 67loft .
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: RATIFY CITY MANAGER'S APPROVAL TO PURCHASE TWO NEW AIR
CONDITIONING CONDENSING UNITS AT FIRE STATION NO. 67, FROM
ESSER AIR CONDITIONING AND HEATING IN THE AMOUNT OF $5,200.
SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager
DATE:
July 13, 2006
RECOMMENDATION
By Minute Motion:
1) Ratify City Manager's Approval to Purchase Two New Air Conditioning
Condensing Units at Fire Station No.67, From Esser Air Conditioning and Heating
in the Amount of $5,200.
2) Appropriate $5,200 From the Unobligated Construction Tax Fund 231 to Pay for
Two New Air Conditioning Condensing Units at Fire Station No 67.
BACKGROUND
Staff was recently notified that an existing air conditioning unit at Fire Station No. 67 ceased functioning.
A qualified technician inspected the two existing units and one was found to be inoperable and the other
unit was diagnosed as being at the end of its service life.
As the station crew is planning on moving back into the station very shortly and summer temperatures
are increasing, the City Manager authorized that these two units be replaced as soon as possible. Staff
requested bids from Maple Leaf, H & H, Esser, and Breeze air conditioning companies, but to date has
only received one bid from Esser Air Conditioning and Heating for $5,200.
As Esser is also providing the make and model recommended by the project's mechanical engineer, they
were selected to fumish and install two new condensing units and are scheduled to do this work on
Friday, June 30, 2006.
Prepared by:
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Stephen Yl. Aryan
A istant to the y anager
Approved
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City Manager
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Luis Esbin za v
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CITY OF PALM DESERT
CITY MANAGER'S OFFICE
INTEROFFICE MEMORANDUM
To: Luis Espinoza, A/Director of Finance
From: Carlos L. Ortega, City Manager
Date: June 29, 2006
Subject: Mesa View Fire Station Air Conditioning Units
Staff was recently notified that an existing air conditioning unit at Fire Station No. 67 ceased functioning.
A qualified technician inspected the two existing units and one was found to be inoperable and the other
unit was diagnosed as being at the end of its service life.
As the station crew is planning on moving back into the station very shortly and summer temperatures
are increasing, I authorize that these two units be replaced as soon as possible. Staff requested bids
from Maple Leaf, H & H, Esser, and Breeze air conditioning companies, but to date has only received
one bid from Esser Air Conditioning and Heating for $5,200.
As Esser is also providing the make/model recommended by the project's mechanical engineer, they are
scheduled to install the units by the close of business on Friday, June 30, 2006. Please contact Stephen
Aryan should you have any comments or questions. Thank you for your assistance in expediting this
request.
I A":2
Carlos L. Orta
City Manager
P.O. Box 1636
Cathedral City, CA 92235
License #489046
PROPOSAL
Customer Name
Property Owner
Billing Address
Phone (H)
Phone (W) �. y G . v 6-, ;
FAX
Caller Name & Phone:
1CIR�C� �1'tiQMiJi3
And X7tM•ff�'
v
Job Name
Address
Complex
(760) 324-0550
(760) 568-0075
(760) 328-5538 FAX
ESSERAIR.COM
�-7
- 7.
Phone(H) V
Phone (W)
FAX
Unit: ( )Non -operational ( )Operational
The Esser Family and the employees of Esser Air Conditioning and Heating (herein ESSER) are pleased to propose the
following:
AA fj c X 151 ? , N) •v 5 , N G
•i �•fi!L` is � .�tv �.:.0 S : N (.- L/M " r /7 � � t: �- �.� r•r^ I � � d ' i7 � J, n� G i v S' f/� it I
r. 1
i1'c�' < ,., ti�rNC rjwLQ S Gov
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For rev,,7 t- � 4f c.%tor1ri S y a+44, S?OeS . S 77r
a,
Total Proposal Amount $ i (installed/Lump Sum) Terms: Total due upon completion of proposed
Down payment (if any) $ work (Less deposit amount if any) unless
specifically indicated otherwise below.
By California Law down payment cannot exceed
$1,000.00 or 10% of Proposal / Contract amount El Other: Schedule of Payments
for home improvement excluding finance charges. Amount
whichever is the lesser. $
Customer may cancel this Proposal/Contract within 3 $
business days from the acceptance date below. See Final $
reverse side and attachment for further information Shall be specifically referenced to the amount
and other rights and ways to protect customer interests of work or services to be performed and to
any materials or equipment to be supplied. (Must be shown in
Dollars and Cents)
Substantial commencement of above work shall be
Approximate start date of work shall be r! Approximate completion date will be 6W o L
FAILURE BY CONTRACTOR WITHOUT LAWFUL EXCUSE TO SUBSTANTIALLY COMMENCE WORK WITHIN TWENTY (20) DAYS
FROM THE APPROXIMATE DATE SPECIFIED IN THIS PROPOSAL AND CONTRACT WHEN WORK WILL BEGIN IS A VIOLATION OF
THE CONTRACTOR'S LICENSE LAW. -
"Contractors are required by taw 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 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to
structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the
contractor may be referred to the Registrar, Contractors State License Board, Post Office Box 26000, Sacramento,
California 95826." -
Changes from the above involving extra costs will be executed only upon written agreement. ESSER carries worker's
compensation and liability insurance, however, the property owner shall carry fire, tornado, theft, earthquake, and other
necessary insurance upon the above proposed work. ESSER is not responsible for any pre-existing conditions such as
mold, contaminants or similar or related conditions, screening, upgrades, permits, asbestos or the removal of same, roof
patch/repair, and items located or hidden in wall or ceiling areas. ESSER recommends customer to have professional/s
to make any such determinations prior to ESSER work. Cost of performance and payment bond, if required, shall be
paid by customer.
Owner or tenant has the right to
require the contractor to have
a performance and payent bond.
i
Proposed by: -•� %�
Deposit Ck #
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in
this Proposal, for which I Iwe agree to pay the Proposal price mentioned in this Proposal, and according
to the terms thereof. I 1 we acknowledge that before entering into this contract, I / we received a copy
of the Notice to Owner which appears on the reverse side hereof. I / we have read and agree to the
provisions contained on ait pages of this Contract and in any attachments hereto.
Date G�2 �!�'� AcceptancesV -1""
I
Print Name C.
Return too coov
Proposal Legal Contract 04/11/2005
Date G- 2 all - o to
NOTICE TO OWNER
"Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person
or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to
place a lien on your home, land, or property where the work was performed and to sue you in court to obtain
payment.
This means that after a court hearing, your home, land, and property could be sold by a court officer and the
proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in
full if the contractor's subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors
or material suppliers are each required to provide you with a document called a "Preliminary Notice."
Contractors and laborers who contract with owners directly do not have to provide such notice since you are
aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to
notify you of persons or entities that may have a right to file a lien against your property if they are not paid.
In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics'
lien with the county recorder which then becomes a recorded lien against your property. Generally, the
maximum time allowed for Piling a mechanics' lien against your property is 90 days after substantial completion
of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY,
YOU MAY WISH TO TAKE ONE OR, MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a payment and performance bond (not a license bond),
which provides that the bonding company will either complete the project or pay damages up to the amount
of the bond. This payment and performance bond as well as a copy of the construction contract should be
filed with the county recorder for your further protection. The payment and performance bond will usually
cost from I to 5 percent of the contract amou'ht dependjng on the contractor's bonding ability. If a contractor
cannot obtain such bonding, it may indicate his or beeitinancial incapacity.
(2) Require that payments be made directly to subcontractors and material suppliers through a joint control.
Fnodiagserado mitich,will establish voucher or other means of
payment to your contractor. These services may also pifvide you with lien waivers and other forms of protection.
Any joint control agreement should include the addOndutn approved by the registrar.
(3) issue Joint checks for payment, made out to both y ur contractor and subcontractors or material suppliers
involved In the project. The joint checks should bi inside payable to the persons or entities which send
preliminary notices to you. Those persons or entity have indicated that they may have Ran rights on your
property, therefore you need to protect yourself. Th� will help to insure that all persons due payment are
actually paid. t
(4) Upon making payment on any completed phase of the project, and before making any further payments,
require your contr'ac4orto proWd'e you with unco nclitidtpl "Waiver and Release" forms signed by each material
supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The
statutory lien releases are set forth in exact language ip Section 3262 of the Civil Code. Most stationery stores
will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers,
subcontractors, and laborers that you obtain releases from are those persons or entities who have filed
preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers
working on your project, you may obtain a list from our co or. On projects involving improvements to
a single-family residence or a duplex owned by then ndiv s. r , r persons signing these releases lose the
right to rite a mechanics' lien claim against your proerty. In othc: pes of construction, this protection may
still he important, but may not be as complete.
To protect yourself under this option, you must be rtain that all material suppliers, subcontractors, and
laborers have signed the "Waiver and Release" form.. fa mechanics' lien has been filed against your property,
it can only be voluntarily released by a recorded " se of Mechanics' Lien" signed by the person or entity
that filed the mechanics' lien against your property upless the lawsuit to enforce the lien was not timely tiled.
You should not make any final payments until any #nil all such liens are removed. You should consult an
attorney if a lien is riled against your property."
(Rev. 4/99)
"STATE LAW REQUIRES ANYONE WHP CONTRACTS TO DO CONSTRUCTION
WORK TO BE LICENSED BY THE CO CTORS STATE LICENSE BOARD IN
THE LICENSE CATEGORY IN WHIC .THE CONTRACTOR IS GOING TO BE
WORKING —IF THE.TQTAL.P Gr JOB IS Sr5W OR MORE (I1�i:I3IHAiG
LABOR AND MATERIALS).
"LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT
THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A
LICENSE, THE CONTRACTORS STATE LICENSE BOARD MAY BE UNABLE TO
ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN
UNLICENSED CONTRACTOR MAYBE IN CIVIL COURT, AND YOU MAYBE LIABLE
FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS
OR HER EMPLOYEES.
"YOU MAY CONTACT THE CONTRACTORS STATE LICENSE BOARD TO FIND
OUT IFTHIS CONTRACTOR HAS A VALID"LICENSE. THE BOARD HAS COMPLETE
INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING
ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS.
THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE
GOVERNMENT PAGES OF THE, WHITE PAGES FOR THE OFFICE NEAREST YOU
OR CALL 1-800-321-CSLB FOR MORE INFORMATION."
Busyness and Prolessions Code Section 7030
Note .....The attached Notice of Right to Cancel form is provided to you concerning your right to cancel
this proposal agreement.
If you require prpposed work to begin during the Notice of Right to Cancel period (prior to expiration)
you may at your option waive your right to cancel this proposal agreement by submitting to ESSER
a handwritten statement that must state the following:
1) An emergency exists. 3) That you waive those rights.
2) You have received Notice of Right to Cancel Form. 4) Signature of owner of property