HomeMy WebLinkAboutC27830 Civic Center Heat Pump RplcmntContract No. C27830
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT
REQUEST: Award the Contract for the Civic Center Heat Pump Replacement
Project
SUBMITTED BY: David Flint, Building Maintenance Supervisor
CONTRACTOR: Hugh Hoard Inc. H & H Air Conditioning & Heating
74-991 Joni Drive, Suite 20
Palm Desert, CA 92260
DATE: June 26, 2008
CONTENTS: Contract
Recommendation:
By Minute Motion: Award the Contract for the Civic Center Heat Pump
Replacement Project to Hugh Hoard Inc. H & H Air Conditioning &
Heating, Palm Desert, California, in the amount of $82,880.00.
Discussion:
On June 2, 2008, Staff advertised and requested bids for the replacement of eleven
heat pump units for the Palm Desert Civic Center. The ongoing building maintenance
plan is to replace air conditioners before extensive repair is needed and provide the
most energy efficient machines available. These eleven Heat Pumps are the oldest A/C
Units on the Civic Center and have outlived their useful life. They are also very energy
inefficient compared to their replacements. All new heat pump replacements are Energy
Star Rated and approved by Pat Conlon, Director of Office of Energy Management. On
Friday, June 13, 2008, Staff opened and reviewed the only bid with the following results:
Hugh Hoard Inc. H & H Air Conditioning & Heating $82,880.00
Staff reviewed the bid and found Hugh Hoard Inc. H & H Air Conditioning & Heating to
be a responsible bidder. Funding is available in Account No. 450-4161-415.40-01.
Staff Report
Award of Civic Center Heat Pump Replacement Contract
June 26, 2008
Page 2 of 2
Therefore, Staff recommends that the City Council award the Civic Center Heat Pump
Replacement Project Contract to Hugh Hoard Inc. H & H Air Conditioning & Heating of
Palm Desert, California, in the amount of $82,880.00, and authorize the Mayor to
execute the agreement.
Submitted By:
c.
Davi• Flint
Building Maintenance Supervisor
Homer Cro i
ACM for Development Services
IMY/
Carlos L. Orte
City Manager
Paul Gibson
Director of Finance
Steve Aryan
Assistant to the anager
~+ r t
ITY COUNCIL �TION :
APPROVED DENIED
RECE IVED OTHEP. ... ..
MEETINr DATE
AYES:
A SESV'i.
ABSTAIN:
VERIFIED BY:
)riginal on File
wi h City Clerk's Office
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Contract No. C27830
AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of June 2008 by and
between City of Palm Desert, California hereafter called "OWNER", and Huqh Hoard
Inc. H&H Air Conditioninq & Heatinq hereafter called "CONTRACTOR".
WITNESSETH
RECITALS:
1. CONTRACTOR has submitted to OWNER its CONTRACTOR'S
Proposal for the construction of OWNER'S Project, City of Palm Desert
Civic Center, Replace Eleven (11) Heat Pumps in strict accordance with
the Contract Documents identified below and OWNER has accepted said
Proposal.
2. CONTRACTOR states that it has re-examined its
CONTRACTOR'S Proposal and found it to be correct, has ascertained
that its sub-contractors are properly licensed and possess the requisite
skill and forces, has examined the site and Contract in accordance with
the Contract Documents for the money set forth in its Proposal 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 of Inviting Bids; (c) The Instruction to Bidders; (d) The
CONTRACTOR'S Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Conditions; (i) The Special Provisions; (j) The
Standard Specifications as modified in other portions of the Contract Documents; (k)
The Plans; (I) 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 with like effects if here set forth in
full and upon the proper issuance of their documents they shall likewise be deemed
incorporated. The Bid Bond is exonerated upon execution of this Agreement, the
Payment bond, and the faithful Performance bond.
2. Work Proqress. CONTRACTOR shall commence the work within ten
calendar days after the date of the Notice to Proceed. CONTRACTOR shall do all
things necessary to construct the work generally described in Recital No. 1 in
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Contract No. C27830
accordance with the contract documents. CONTRACTOR will complete said work
within 30 calendar days from the date hereof to the satisfaction of the Engineer.
3. tndemnification. That the CONTRACTOR agrees to indemnify, defend,
and hold harmless the OWNER, its officers, agents and employees, and the
ENGINEER, from any and all claims and losses accruing or resulting to any and all
contractors, sub-contractors, materialmen, laborers, and any other person, firm or
corporation furnishing or supplying work, services, materials or supplies in connection
with the performance of this Agreement.
4. Liquidated Damaqes. Attention is directed to Section 6-9, "Liquidated
Damages" of the Standard Specifications and is hereby amended: for State of California
read City of Palm Desert. Liquidated damages shall be issued at $500 dollars per day.
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 the OWNER or the CONTRACTOR, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
6. Bindinq Aqreement. This Agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
7. Compensation. CONTRACTOR shall be paid in the manner set forth in
the Contract Documents the amount of its Proposal as accepted by OWNER, the above
rates, subject to additions and deductions as provided in the Contract Documents.
8. Execution. of the Agreement by the parties constitutes their agreement to
abide by Chapter 1, of the California Labor Code, as to all matters which they are
required to stipulate as to by the provisions of said Chapter 1, constitutes
CONTRACTOR'S certification that he is aware of the provisions of said Chapter 1, and
will comply with them and further constitutes CONTRACTOR'S certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor code which require
every employer to be insured against liability for worker's compensation or to undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this contract.
CONTRACTOR and its subcontractors shall comply with the provisions of ss 1777.5 of
the Labor Code regarding apprentices.
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Contract No. C27830
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date set forth on Page 1 of this Agreement.
By:
Title:
"CONTRACTOR"
Attest By:
(seal)
Title:
By:
Title: Mavor of Palm Desert, California
"OWNER"
Attest By:
Title: City Clerk of Palm Desert
APPROVED AS TO CONTENT:
DAVID J. ERWIN, CITY ATTORNEY
FOR CITY OF PALM DESERT
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Contract No. C27830
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Hugh Hoard H&H Air Conditioninq & Heatinq hereinafter designated as the
"Principal", a contract for:
CITY OF PALM DESERT CIVIC CENTER HEAT PUMPS REPLACEMENT PROJECT
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 Huqh Hoard Inc. H&H Air Conditioninq &
Heatin as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter
called the OWNER, in the penal sum of Eiqhty-Two Thousand, Eiqht Hundred and
Eiqhtv Dollars ($ 82,880.00), being one hundred (100%) percent 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 Principal,
his 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 his 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 the OWNER, its officers 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 there under 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.
Should it become necessary for the Owner 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 rewarded to the prevailing party.
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Contract No. C27830
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an originai thereof, have been duly executed by the
Principal and Surety above named, on this day of_ ,
2008.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT:
ADDRESS:
TELEPHONE:
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Contract No. C27830
CITY OF PALM DESERT
PAYMENT BOND
WHEREAS, City of Palm Desert, and Huqh Hoard H&H Air Conditioninq &
He_ atinq, hereinafter designated as "Principal", have entered into an agreement dated
June 26, 2008, for the fo!lowing described project:
CITY OF PALM DESERT CIVIC CENTER HEAT PUMP REPLACEMENT PROJECT
which is hereby referred to and made a part hereof, and;
WHEREAS, under the terms of said agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Palm Desert to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Code of the State of
California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are
held firmly bound unto the City of Palm Desert and contractors, subcontractors,
laborers, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Civil Code in the sum of Eiqhtv-Two
Thousand, Eiqht Hundred and Eiqhtv dollars ($82,880.00) being one hundred (100%)
percent of the contract amount, for materials furnished or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the same in an amount not exceeding the amount
hereinabove set fourth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City of Palm Desert in successfully enforcing
such obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit on any and all persons, companies and corporations entitled to file claims under
Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no changes, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or additions.
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Contract No. C27830
IT WITNESS WHEREOF, this instrument has been duly executed by the
Principal and surety above named, on
2008.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT:
ADDRESS:
TELEPHONE:
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