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HomeMy WebLinkAboutC32050 - Rscnd-Awrd - DW Irrigatn Pump Rnvatn 850-13 Contract C32050 CITY OF PALM DESERT - PUBLIC WORKS STAFF REPORT REQUEST: RESCIND AWARD OF CONTRACT NO. C32050 TO CLOUDBURST ENGINEERING, INC., AND AUTHORIZE THE AWARD OF CONTRACT NO. C32050 TO SOUTHWEST PUMP AND DRILLING, COACHELLA, CALIFORNIA, FOR THE DESERT WILLOW IRRIGATION PUMP RENOVATION IN THE AMOUNT NOT TO EXCEED $109,140.94 (PROJECT NO. 850-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: South West Pump & Drilling, Inc. 53-381 Highway 111 Coachella, California 92236 DATE: January 24, 2013 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Recommendation By Minute Motion: 1. Rescind award of Contract No. C32050 to Cloudburst Engineering, Inc.; 2. Waive the bid irregularities and authorize the award of Contract No. C32050 to South West Pump & Drilling, Inc., Coachella, California, for the Desert Willow Irrigation Pump Renovation in the amount not to exceed $109,140.94 (Project No. 850-13); 3. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $10,914.09; 4. Authorize the Mayor to execute the contract; and 5. Authorize the City Manager to finalize and execute any and all applications, agreements, and documents required by Southern Staff Report Rescind C32050 to Cloudburst and award to SW Pump & Drilling (Project No. 850-13) Page 2 of 4 January 24, 2013 California Edison to receive potential Cash Incentives and On-Bill Financing for the irrigation pump upgrades. Funds for the Desert Willow Irrigation Pump Renovation are available in Course and Grounds Expenses, Account No. 441-4195-495-8092. Executive Summary On November 15, 2012, the City Council authorized the award of a contract to Cloudburst Engineering, Inc., (Cloudburst) in an amount not to exceed $101,954.28, with a 10 percent contingency of $10,195.43. The contract included the base bid (renovation of five irrigation pumps) and Alternates 1 and 2 (renovation of two additional irrigation pumps) for a total of seven irrigation pumps. Cloudburst was unable to secure the appropriate performance and payment bonds. The City Attorney has reviewed this matter and has indicated that the City Council can deem Cloudburst non-responsive. Approval of staff's recommendation will rescind the award of a contract to Cloudburst and will award a contract to the lowest responsive bidder, South West Pump & Drilling, I nc. Backqround As part of the Fiscal Year 2012/2013 budget, $135,000 has been budgeted for the Desert Willow Irrigation Pump Renovation project. Below is the summary of the bid results including Alternates 1 and 2: Com�any hlame City ; B�se Bid Bid �nctud��9 �It�rn�tes '� att�cl2 Cloudburst En ineerin Palm Desert, CA $73,958.28 $101,954.28 South West Pump & Coachella, CA $79,690.94 $109,140.94 Drillin La ne Christianson Redlands, CA $109,760.00 $153,400.00 MMC, Inc. La Palma, CA $224,687.50 $307,687.50 The base bid includes the renovation of the five irrigation pumps that have the lowest efficiency and the greatest potential rebates from Southern California Edison (SCE). Alternates 1 and 2 include the renovation of two additional irrigation pumps that have a lesser potential for improvement in efficiency. Staff recommends renovation of all seven pumps (base bid plus Alternates 1 and 2) to improve efficiency, lower utility (water and G:\PubWorks\Staff Reports�2013\January 24\07 Rescind C32050 from Cloudburst and Award to SW Pump\SR-Rescind Goudburst and Award to SW Pump-DW Pump Renovation 850-13.doc Staff Report Rescind C32050 to Cloudburst and award to SW Pump & Drilling (Project No. 850-13) Page 3 of 4 January 24, 2013 electricity) costs for the golf resort, and minimize the possibility of emergency repairs to the aging infrastructure. Although sufficient funds have been budgeted for this project, staff recommends taking advantage of two incentive programs through SCE that are applicable to this project: On-Bill Financing (OBF) and Cash Incentives (Rebates). The two programs require that applications be submitted to SCE based on the construction costs. The applications are required to be submitted and approved by SCE prior to commencement of construction. The review period is approximately 4-6 weeks. Staff submitted the initial applications to SCE at the beginning of November. The approval of the City's OBF application looks promising based on recent correspondence from SCE. Staff does not recommend making any changes to the application to increase the OBF total to match the new bid amount because the application approval process is very time intensive. The OBF inay not fully cover the cost of the project; however, funds are available in the current budget to cover the difference. Regardless of whether OBF or Rebates are approved by SCE, staff recommends that this project be completed because the estimated annual utility cost savings due to more efficient pump operations are $15,400. On-Bill Financinq OBF helps to offset the cost of purchasing and installing eligible energy efficiency equipment. Through OBF, the City will receive zero percent (0%) interest, no-fee financing. The financing is available for up to 100% of the total actual installed costs with a maximum of$250,000 for government customers. The maximum loan term is ten (10) years (or the expected useful life of the equipment, whichever is shorter). The monthly loan repayment will be approximately equal to the estimated monthly savings that we expect to receive through the utility bill due to the estimated energy savings. The City will front the money for the work then be reimbursed by SCE. Desert Willow Golf Resort will then repay the loan to SCE through a charge on the monthly energy bill. Cash Incentives lRebates) Rebates are calculated by SCE based on existing pump efficiency, pump size, and potential efficiency improvement. The existing efficiencies of the pumps are approximately 55 percent with potential for improvement to 67 percent. The rebates are estimated to be between $1,100 and $3,600 per pump depending on the existing pump efficiency, for a cumulative total of approximately $16,000 in cash incentives. G:\PubWorks\Staff Reports\2013\January 24\07 Rescind C32050 from Cloudburst and Award to SW Pump\SR-Rescind Cloudburst and Award to SW Pump-DW Pump Renovation 850-13.doc � Staff Report Rescind C32050 to Cloudburst and award to SW Pump & Drilling (Project No. 850-13) Page 4 of 4 January 24, 2013 Fiscal Analysis No appropriation is required; funding is available in the current budget. The estimated annual utility cost savings due to more efficient pump operations are $15,400. Possible SCE rebates and OBF inay result in additional savings. Prepared By: , � ��-� ��.- Heather Buck, Project Coordinator rtin Alvarez irector of Economic Development Depart n Head: CTTY COVi�1CILAt�'iON APPROVED D'LNTLD Mark r enwood, .E. RECEIVED OTHER Direc f Public Works MEET G DATE - - � AYES � !�'Ii NOES: Paul S. Gibson, Director of Finance ABSENT: � � ABSTAIN: VERIFIED BY: Apprpval: Origina!on F�le with City erk's Oftice � ; ; ;' . J , �i M. Wohlmuth, City Manager V G:\PubWorks\Staff Reports�2013\January 24\07 Rescind C32050 from Cloudburst and Award to SW Pump\SR-Rescind Cloudburst and Award to SW Pump-DW Pump Renovation 850-13.doc Contract No. C32050 AGREEMENT THIS AGREEMENT is made and entered into this 24th day of Janua , 2013, by and between City of Palm Desert, California, hereafter called "CITY" and South West Pump & Drillinq, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. DESERT WILLOW IRRIGATION PUMP MOTOR RENOVATIONS, PROJECT NO. 850-13, CONTRACT NO. C32050, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid, including alternates: 1 and 2. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are property 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 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; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 1 and 2; (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. 2. Contractor shall commence the work within ten 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 within 45 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Alternates 1 and 2 shall be completed within 30 calendar days, for a cumulative total of 75 calendar days for completion of the work. Page 1 Contract No. C32050 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer 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, its subcontractors, its agents or employees, 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 in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the pr�vailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents 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 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Page 2 Contract No. C32050 Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 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 written approval of the City of Palm Desert. 7. 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." 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. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Page 3 Contract No. C32050 CONTRACTOR ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , 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 (seal) CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) On , 20 , 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 (seal) Page 4 Contract No. C32050 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to South West Pump & Drillinq, Inc. hereinafter designated as the "Principal", a contract for: DESERT WILLOW IRRIGATION PUMP MOTOR RENOVATIONS PROJECT NO. 850-13 CONTRACT NO. C32050 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 the City of Palm Desert hereinafter called the City, in the penal sum of Dollars ($ ), being 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 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 City, 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 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. 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 attorneys' fees, shall be awarded to the prevailing party. Page 1 Contract No. C32050 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 Principal and Surety above named, on this day of , 20 . SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 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 2 Contract No. C32050 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to South West Pump & Drilling, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated January 24, 2013 described as follows: DESERT WILLOW IRRIGATION PUMP MOTOR RENOVATIONS, PROJECT NO. 850-13, CONTRACT NO. C32050, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 et seq. of the California Civil Code; 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 Section 9100 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the 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, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay 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, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or 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 or its Subcontractors pursuant to.Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 of the Civil Code, or 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 or its 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 Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be Page 1 Contract No. C32050 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 the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the 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 , 20 PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: By: (Sigr�ature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, 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 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 2 Contract No. C32050 Acknowledgment 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 C — CONTRACTOR'S BID DESERT WILLOW IRRIGATION PUMP MOTOR RENOVATIONS PROJECT NQ. 850-13 CONTRACT NO. 32050 TO: CITY OF PALM DESERT, "CITY" DATE: 10/08/2012 BiDDER: South West Pump & Drilling, Inc "CONTRACTOR" The UNDER5IGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, DESERT WILLOW lRRIGATION PUMP MOTOR RENOVATIONS, PROJECT NO. 850-13, CONTRACT NO. C32050, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 & 2 for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time spec�ed in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 12Q calendar days after that date. 2. The CITY has the right to reject any ar all Bids and ta waive any irregularities or informalities coritained in a Bid. 3. That the contract shali be awarded only by the goveming body of CITY. Said contract shaii only be deemed awarded after the CONTRACTOR'S complete submission of aif vor�tract documents, bonds, insurance documentation, and the CITY shall obtain ali necessary signatures of the goveming body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perForm the wark. 5. That the accornpanyfng certified or cashier's check or Bid Bond constitutes a guarantee that if awarcled the contrac#, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resuttarit 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 which costs CITY to do or cause to be done the work invoived� tease and rental costs, additional salaries and ovefiead, tncreased Interest and costs of funding the project, attomey expense, additional engineering and architectura! expense and Page C-1 v cost of maintaining o�construction attemate facilities occasloned by the failure to execute and deliver said documents. � lt is understood that the quantities shown hereon, except for those quantities marked Lump Sum", are estimates and the frnal payment will be based upon the actual woric performed, subject to such adjustment and aiterations as elsewhere provided herein. � Mobilization I.S 1 � 2,640.Q0 � 2,640.00 � Pull, dfsassemble, inspect and Ea ; � � $ � assess condit�on of existing pump ; � � � and associated components 2,000.00 10,000.00� New pump assembiy — Gouids or Ea 5 $ � 3 equal 5,800.00 29,000.00! , � Install pump, adjust, start up and test Ea � 5 $ � 4 run ; � 2,000.00 10,000.00 5 Misc. parts/Components LS 1 $ 625.00 $ 625.00 j Putl, inspect, and assess condition Ea 5 � $ of existing 75 hp motor, Clean, dip, 6 bake and rewind � 4,800A0 24,000.00 7 Freight � LS 1 � 200.00 � 200.00 8 Sales Tax LS 1 7.75°� $ TOTAL BID PRICE 3,225.94 � 79,690.94 The costs of any work shovm or requined in the Plans and Specifications, but not specfficaliy iderrtffted as a Pay Item are included in the related Pay item(s), and no additionai compensatfon shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance wi#h the Pians and Spec�cations. TOTAL AMOUNT BASE BID IN FIGURES $ 79,690.94 TOTAL AMQUNT BASE BID IN WORDS Seventy Nine Thousand Six Hundred Ninety Doilars and Ninety Four Cents Page C-2 BID ALTERNATES 1. Altemate#1 Lump Sum $ 14,725.00 (In figures) Shall be inGusive of ali work and materials incidental thereto and connected therewith, but not limited to the foilowing items: �ne additbnal pump lacatiqn - North Station (B1): Pull, dlsassembie, inspect and assess conditlon of existing pump and assoclated components. Purchase new pump assembly(Goulds or equal) and misceilaneous parts/components. Install pump, adjust, start up and test run. Pull, inspect, and assess condition , of exis�ng 75 hp mota�. Clean dip, bake and rewind motor. Pr�ce shail Include appiicabie freight, sales tax, and other incidentals. Fourteen Thousand Seven Hundred Twenty Five Dollars (In words) 2. Altemate#2 Lump Sum � 14,725.00 (In figures) Shait be inciusive of atl work and materials incidental thereto and connected therewith, but not limited to the following items: One additfonal pump tocation - North Statian (B3): Pull, disassemble, fnspect and assess condition of existing pump and associated components. Purchase new pump assembiy(Goutds or equal)and miscellaneous parts/components. Instali pump� adjust, start up and test run. PuU, inspect, and assess condition of existing 75 hp motor. Ciean dip, bake and rewind motor. Price shall include applicable freight, sales tax, and other incidentals. Fourteen Thousand Seven Hundred Twenty Five Dollars (In words) Bid amount of each of the above bid items must be fiiled in and completed in figures and words. Bidders must provide pricing for each altemate. !f a bidder fafls to provide pricing for all altemates, the bid wili be considered non-responsive. The Ci#y wili awaM the bid in the fotlowing manne�, contingent upon the availability of funding. These items are listed in order of consideratlon (1.2,3): 1. The lowest bidder for the Base Bid. 2. The lowest bidder for the Base Bid and Aitemate 1. 3. The bu�st bidder for the Base Bid and Altemates 1 and 2. Page G3 It is understood that this contract shali be awa�ded based on the lowest responslve Bid as outl�ned above. It Is further understood that after opening of bids, no adjustments to the TOTAL LUMP SUM BASE BID OR ALTERNATE ITEM(S) PRICE shaii be ailowed. IN WITNESS WHEREOF CONTRACTOR executed ttils bid as of date forth on Page C-1: -�-�------.�..�. By: Sig _ Title: Curtis McCalla President CONTRACTOR State of Califomia ) ) County of Riverside ) Subscribed and swom to (or affirmed) before me on this 8th day af October (month), 2012 (year), by Curtis McCalla , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. � Signature of Notary , ��' " . �o Co�uani..to�A►tw�S2s �eb�rr PrbMc•CNMon�r Mr�r+Mi CqMq Page C-4 D— INFQRMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address 53-381 Highway 111, Coachella, CA 92236 (2) Telephone No. �760) 398-3977 (3) Type of Ffrm (Individual, Partnership or Corporation) Corporation (4) Corporation organized under the laws of the State of California (5) Contracto�'s License No.806840 Exp. Date 04/30/2014 Contractor hereby swears unde�penalty o �jury that thls information provided is true and correct. �—.�_ �� gy; -��e.President Sign ure Contractor (6) List the names and addresses of ali awners of the firm or names and titles of all officers of the comoratian: Curtis McCalla President Traci McCalla Vice President, Secretary (7) Number of years'experience as a Contracto�!n construction wo�lc �7 (8) List at teast three similar golf course irrigation pump renovation/replacement projects compteted recently: ._ __. ____ Contract Amount Class of Work Oate Completed Name�Address� Teie hone No. of Owner �' Remove, Inspect 05/30/2012 CiryofUpland $ 14,471.99 Repair& Reinstall up�,a�c s�,�ss aiso e (909)291•2945 2. ______�__�_.._ Remove, Inspect 09/13/2012 Ciy ot Riverslde $ 11,105.54 Re air 8� Reinstall 3300 Main Street p Riverside,CA 92522 (951�26-5561 3• Remove, Inspect 05/14/2012 City of Riverside M $ 8,870.44 Repair&Reinstall 3���n Street Riverside,CA 92522 1951�26•5561 � Page D-1 (9) Pursuant to Califomia Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and portbn of work (description of work to be done) for each subcontracto� 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 shali be sequentfal{y numbered, and headed "Proposed Contrac#ors" and shaH be signed.) The Bidder shall list aii subcantractors who will perForm work or labor or render service to the prime contractor in excess of one-half of one percent af the prime's bid. Subcontractor's Name:PRlCE'S NURSERY 8� GARDEN SUPPLY INC License Number:466735 Business Address: 80-420 Avenue 52, La Quinta, CA 92253 Telephone: ��60) 777-7325 Work Description: Crane Service Percent of Woric: 5% Subcontractor's Name: License Number: Business Address: Telephone: Work Description:_ Percent of Work• Subcontractor's Nan�e• License Number. Business Address: Teiephone: Work Descriptiom P r�cent of Work: South West Pump 8 Drilling, Inc, Name of Bidder a ure of i (10) List the name of the person who inspected the site of the proposed worlc for your flrm Brian Jeffers (11) A financial statement or other iriformation and references sufficienUy comprehensive to permit an appraisal of your current flnancial condition may be required by the City. Page D-2 E — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted wtth Bid The undersigned declares: i am the President pf South West Pump&Drilling, Inc. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisctosed person, partnership, company, association, organization. or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectiy induced or solicited any other bidder ta put in a false or sham bid. The bidder has not directly or indir�ectiy coliuded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or ta refrain from bidding. The bidder has not in any manner, directty or indirectly, sought by agreement, communication, or conference with anyone to�ix the bid price of the bidder or any other bidde�, or to fix any overhead, proflt, or cost element of the bid price, or of that of any other bidder. Ali statements contained in the bid are true. The bidder has not, directly or indirectiy, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organizatfon, bid depository, or to any member or agent thereof, to effectuate a coflusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behaif of a bidder that is a corporation, partnership, joint venture, (imited (iability company� limited liability partnership, or any other entity� hereby represents that he or she has fuli power to execute, and does execute, this declaration on behaff of the bidder. i declare under penatty of perjury under the laws of the State of Califomia that the foregaing is hue and correct and that this declaratian is executed on October 8 12 Coachella Califomia , 20_, at , city sc�c� By: Slgnature T�fe: President CONTRACTOR Page E-1 F— BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, Thatwe� South West Pump & Drilling, Inc. as principal, and The Hanover Insurance Comvanv 8S SU�B�/, are held and firmly bound unto the City of Paim Desert in the sum of$10/ o f s i a (1 Q�o of bid} to be pafd to the said City or its certain attamey, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our helrs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION fS SUCN tha# if the certain bid of the above bounden principal to perform certain work described as foliows: Desert Willow Irrlgation Pump Motor Renovations Project No. 850-13 Contract Na. C32050 The general items of wor{c to be done hereunder cansist of: Pull� disassemble, inspect and assess condi�on of existing pump(s) and associated components; install New pump assembly(ies); Install pump(s), adjust, start up and test n,n; Prov(de Miscetlaneous parts / components as required; Puli, inspect, and assess condltion of exis�ng 75 hp motor(sj; Clean� dip, bake and rewind motar and datad 0 c t o b e r 4 , 2 o i 2 is accepted by the City of Palm Desert, and if the above bounden pr�ncipal s o u t h we s t Pum p & A r i 11 i n g,I n c. �a�� duty enter irrto and execute a cor�tract for such construction, and shall execute and deliver the Pertormance Bond and Payment Bond and insurance certi�cates as required by said contract, then this obligation shall become null and void; othe►wise it shall be and remain in full force and effect. Should it become necessary for the City to instittute a tawsuit, or any other legat proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, induding attomey's fees, shall be awarded to the prevailing party. (Remainder of thls page has intentiona/ly been/eft biank Slgnature bbcks are contained on the next pageJ Pege F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seais this 4 t h day of october 2012, Contractor'sName: South WesC Pumv & DrillinQ . Inc. Contractor's Slgnature: Title: Address: 53381 Hwy 111 , Coachella, GA 92236 Telephone: 7 6 0-3 9 8-3 9 7 7 The Hanover Insurance Company Surety's Name: .. Surety's Signature: ��`�� � Diane M Nielsen T���:_____A t t o r n�y i n f a Address: 10509 Vista Sorrento Parkway, �E310, San Diego, CA 92121 Telephone; 8ss-2oo-4 ios Acknowledgm�nt State of Califomia } County of j On before me, persanally appeared , who proved to me an the basis of sa�sfactory evidence to be the person(s)whose name(s) Is/are subscribed to the within insbvment a�d acknowledged to me that he/she/they executed the same in his/herl�heir authorized capacity(fes), and that by hisTher/their signatur�s(s) on the instrument the person(sj� or the en�ty upon behatf of which the person(s) acted, executed tha instrument� I certify under PENALTY OF PERJURY under the laws of tf�e State of Califomia that the foregoing paragraph is true anc! correct. WI my hand and official seal, Signature (Seal) Page F-2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON ,���"'�,,�f� ,BEFORE ME, LINDA ROCHA, Notary Pubtic PERSONALLY APPEARED: Diane M.Nielsen � 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& acknowtedged to me that he/she/they executed the same in his/herltheir authorized capacity (ies), and that by his/her/their signatures(s) on the instrument the person (s), or the entity upon beha{f of which the person (s)acted,executed the instrument. I certify under penaity of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uNOA Roc�tA ---,� ��� Commission#1958006 � a Notary Publ�-C�lifomia z �� '� � Rivarside County ' � � F My Comm.E iros Nov 20.2015+ Signature�C ���- G� � C��t`���- � �.i da Rocha,Notary Public ��. ALL PURPOSE ACKNOWLEDGMENT THE HANOVERINSURANCE COMPANY MASSACHUSETTS BAYINSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIF/ED COPY KN�W ALL MEN SY THESE PRESEM'S: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under tbe laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICAa corporation organized and ex'sting under the laws of the State of Michigan,do hereby constitute and appant Van G.Tanner,Mathew S.Costello andlor Diane M.Nielsen of Palm Desert,CA and each is a true and lawful Attorney(s}in-fad to sign,execute,seai,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the UnRed States,or, if the following line be filled in,only wkhin the area therein designated any and all bonds,recognizances, undeRakings,contracts of indemn'dy or other writings d�ligatory in the nature thereof,as follows: Any such obligations inthe United States,not to exceed Ten Million and No/100(510,000,000)in any single instance and said companies hereby ratiry and conflrm atl and whatsoe�er said Attorney(s}in-fact may lawfully do in the premises by viRue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Compaes which resolutions are still in effect: "RESOLVED,That 1he Ptesident or any Y�ce President,in conjunction with arry Vice President,be and they are hereby autho�ized and empowered to appoint Attomeys-in-fact of the Company,in its name and as fts acts,to execute and acknowledge for and on its behafl as Surety any and all bonds,recognizances, contrads o1 indemnity,waivers of citation and all other wrilings obliyatory in the�ature thereoi,with power�attach tliereto the seal oi the Canpary.My such wri8ngs so executed by such Attomeys-in-fact shall be as binding upon the Company as It they had been duy executed and acknowledged by Uie regularry elected officeB ai the Company in thelr own proper perso�s."(Adopted October 7,1981-The Hanover Insurence Company;Adopted Ap�l 14,1982- Massachusetts Bay Inswance Company;Adopted September 7,2001-Cidzens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITtZENS INSURANCE COMPANY OFAMER)CA have caused these presents to be sealed with their respective corporate seals,duy attested b�wo Vice Presidents, this 26th day of March 2012. THE HANOVER INSURANCE COMPANY �""" '""" INASSACHUSETT3 8AY INSURANCE COMPANY �`` �`"""'"'��,, CITIZEN3 URANCE OMPANY OF AMERiCA e�3M"'J y� J R�n'fhomas,V icc President - (� y. THE COMMONWEALTH OF MASSACHUSETTS ) ��"' �''" �—,---�"'"� COUNTY OF WORCESTER )ss. 1oe renstrorn. i� President On this 26th day of March 20'12 before me came the above named�ce Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers desaibed herein,and adcnowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insuranoe Company,Massacbusetts Bay insurarx;e Company and Ciitizzens tnsurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duy afPoced and subscribed to said instrument by the authority and direction of said Co�rations. " w BARBARA A.6ARL�CK �,� �"� �' ..�� Q_ .���'i� yy�pnnyyon Ey�f Sepl.21.t4tB -. . .. Baibara A.GatlidS Notary Public My Commission ExpiresSeptember 21,2018 I,the undersigned Vice President of The Hanover tnsurance Company,MassachusettsBay Insurance Company and Citlzens Insurance Company ofAmerip, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attomey issued by said Companies,and do hereby further ceRiy that the said Powers ot Attomey are still in force and effect. Th)s Certificate may be signed by facsimile under and by authority of the folbwing resotution of the Board of Diredors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and C�izens{nsurance Company of Amer'ica. "RESOLVED,That arry and all Powers of Attomey and Certifled Copies oi such Powers otAttomey and certification in respect thereto,granted and exe�x�ted by the President or arry Vice President in conjunc�ion wifh any Vice President oi the Company,shap be binding on the Company to the same extent as if all signaWres therefn were marwaly alfixed,even lhough one or mwe oi arry such signatures thereon may be facsimle.' (Adopted October 7,1981-The Haraver Insurance Company;Adopted AprN 14.1982-Massachusetts Bay tnetuance Company;Adopted September 7.2001-CiUzens Inwrance Compary oi Arnerica) GIVEN under my hand and the seals of safd Companies,at Worcester,Massachusetis,this 4 t hday of Oc t o b e� 1 2 THE HANOVER p�ISURANCE COINPANY IMASSACIitJSETTS B�AY MISUR/WCE CO�iPANY CRl2ENS IN8URANCE COMPANY OF AMERICA �� Sta�.,.. n Mergoaian,Y�ce President