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HomeMy WebLinkAboutC31720 Replacement and Modification of Kitchen Air Conditioner at Desrt Willow Golf ResortCITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C31720 TO QUALITY MECHANICAL PROFESSIONALS, INC. FOR THE REPLACEMENT AND MODIFICATION OF THE KITCHEN AIR CONDITIONING AT DESERT WILLOW GOLF RESORT IN THE AMOUNT NOT TO EXCEED $37,900 SUBMITTED BY: Heather Buck, Project Coordinator CONTRACTOR: Quality Mechanical Professionals, Inc. 1536 Fayette Street El Cajon, CA 92020 DATE: May 24, 2012 CONTENTS: Contract No. C31720 Agreement Recommendation By Minute Motion: 1. Authorize the award of Contract No. C31720 in the amount of $37,900 to Quality Mechanical Professionals, Inc. for the Replacement and Modification of the Kitchen Air Conditioning at Desert Willow; 2. Authorize the Finance Director to set aside the amount of $3,790 as 10 percent contingency (use of contingency requires additional action); 3. Declare the existing HVAC rooftop unit as surplus and authorize staff to dispose of it; and 4. Appropriate $45,302 for the design, bidding, and construction of the Kitchen Air Conditioning Modifications at Desert Willow from Account No. 441-4195- 495-8092. Background In 2010 the Kitchen/Building Expansion at Desert Willow was completed. 2011 was the first year of operation of the newly expanded kitchen facilities. KemperSports notified staff that the kitchen does not cool sufficiently in the summer months. The Mechanical Engineer who designed the Kitchen/Building Expansion reviewed the problem and recommended the following: • Replace 10 ton existing HVAC unit (original) with new 12 ton unit — not part of Kitchen/Building Expansion project scope • Remove restrooms from HVAC unit serving kitchen to reduce the load on the unit and add to unit which serves miscellaneous back of house areas Staff Report Award Contract No Page 2 of 2 May 24, 2012 C31720 to Quality Mech. Prof. — DW Kitchen Air Conditioning • Add a make-up air accessory to the existing kitchen cook line exhaust hood to more efficiently distribute make-up air for the cook line and deliver conditioned air where it is needed — not part of Kitchen/Building Expansion project scope On April 25 and May 2, 2012, the Notice Inviting Bids for the Modification of Kitchen Air Conditioning project was published in The Desert Sun. On May 11, 2012, sealed bids were opened by the City Clerk. Below is a summary for the bids received. Company Name City Bid Quality Mechanical Professionals, Inc. El Cajon, CA $37,900 Desert Air Conditioning, Inc. Palm Springs, CA $41,900 After review of the bid(s) and the specifications, Quality Mechanical Professionals, Inc., based in El Cajon, California, was the lowest responsive bidder. Quality Mechanical Professionals, Inc. has demonstrated experience with this type of tenant improvement project. Staff recommends approval of a contract with Quality Mechanical Professionals, Inc. in the amount of $37,900 to replace and modify the kitchen air conditioning at the Desert Willow Golf Resort. Staff also requests authorization to surplus and dispose of the existing HVAC unit. Fiscal Analysis A $45,302 appropriation is required for the design, bidding, and construction of the improvements. The HVAC unit is original to the building and staff is working with KemperSports to develop a maintenance schedule to replace the remaining units within the next several years as their useful life is coming to an end. Additional energy efficiencies may be realized with the use of current technology. Submitted By: i Heather Buck, Project Coordinator 11"aul S. Gibson, Director of Finance val: n M. Wohlmuth, City Manager artin Alvarez, Redevelopment Manager CITY COUNCILA�;"ON APPROVED DENTED RECEIVED OTHER. MEET G DAT AYES NOES: ABSENT: .,.,._ ABSTAIN:.A VERIFIED BY: Original on File with City rk's Office G1rda\Heather Buck\Desert Willow\Ductwork Modification\Stf Rpt\052412 DW Kitchen AC Award Contract C31720.doc Contract No. C31720 AGREEMENT THIS AGREEMENT is made and entered into this 24th day of May, 2012, by and between City of Palm Desert, California, hereafter called "OWNER," and Quality Mechanical Professionals. Inc. hereinafter called "CONTRACTOR." W I T N E S S E T H RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER's Project, 1. Desert Willow - Modification of Kitchen Air Conditioning Project, Contract No. C31720 in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal, inclusive of the base bid plus the following alternates: None. 2. CONTRACTOR states that it has re-examined its CONTRACTOR's Proposal and found it to be correct, has ascertained that its subcontractors 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. - Contract Documents: The entire contract consists of the following: (a) The Notice Inviting Sealed Bids [Section 00200]; (b) The Instructions to Bidders [Section 003001; (c) Bid [Section 004001; (d) Bid Schedule [Section 004101, (e) The Bid Guaranty Bond [Section 00420]; (f) Designation of Subcontractors [Section 00430]; (g) Schedule of Manufacturers and Suppliers, Major Equipment, and Material Items [Section 00440]; (h) Non -Collusion Affidavit [Section 00450], Certification of Bidder and Qualifications [Section 00470]; (1) The Agreement [Section 005001, U) Liability and Insurance Requirements [Section 00600]; (k) Special Insurance Endorsement [Section 00610]; (1) The Faithful Performance Bond [Section 00620]; (m) The Payment Bond [Section 00640]; (n) The Supplementary Conditions; (o) the General Conditions; (p) Modifications to General Conditions [Section 00810], (q) The Plans; (r) Addenda Nos. 1; (s) Any Change Orders issued; (u) 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. 2. CONTRACTOR shall commence the work within five (5) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work to the satisfaction of the Owner's Representative within four (4) consecutive calendar days from the date all equipment necessary for installation is received by the Modification of Kitchen Air Conditioning at Desert Willow 117 Contract No. C31720 contractor, shall be completed between Sunday and Wednesday, and shall be scheduled with the Golf Course Operator to minimize impact to the operating facility. Possible dates for this work are: July 8-11, July 29 - August 1, or August 5-8. The Contractor shall provide project submittals and the materials list within ten (10) consecutive calendar days from the date specified in the Notice to Proceed and shall provide the Owner with proof that the equipment order has been placed within (10) days of receipt of approved submittals. Time for commencement and completion of the work is important, and is the essence to the Contract. 3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the OWNER, and its officers, and employees, the ENGINEER, Owner's Representative from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, 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. Attention is directed to Section 00700-6.5, "Liquidated Damages" of the General Conditions. Liquidated damages shall be $1.500 dollars per calendar day of delay. 5. 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 and costs incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. CONTRACTOR shall be paid in the manner set forth in the Contract Documents the amount of its proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code 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 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." Modification of Kitchen Air Conditioning at Desert Willow 217 Contract No. C31720 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. CITY OF PALM DESERT "CONTRACTOR" (Signature to be notarized) By: Mayor Attest: City Clerk Approved as to Form: City Attorney M Attest: Title Title Modification of Kitchen Air Conditioning at Desert Willow 3/7 Contract No. C31720 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated the "Owner," has, on May 24, 2012, awarded to Quality Mechanical Professionals, Inc. hereinafter designated as the "Principal," a Contract for the construction of the Desert Willow - Modification of Kitchen Air Conditioning (Contract No. C31720) project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of dollars ($ ), plus cost of suit and reasonable attorney fees and costs, lawful money of the United States, for the payment of which sum well and truly to be made, we 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 bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it 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. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Modification of Kitchen Air Conditioning at Desert Willow 417 Contract No. C31460 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31460 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated the "Owner," has, on May 24, 2012, awarded to Seto Construction, Inc. hereinafter designated as the 'Principal," a Contract for the construction of the Willows Room - Conference Room Ceiling Remodel (Contract No. C31460) project, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto the Owner the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, cost of suit and reasonable attorney fees and costs. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Willows Room — Conference Room Ceiling Remodel at Desert Willow Contract No. C31720 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2012, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Seal) Principal Signature for Principal Title Surety Signature for Surety Title Modification of Kitchen Air Conditioning at Desert Willow 7/7