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Home My WebLink AboutContract 1616 • AAtti b. 4111101 0 DESERTW CONDITIONING, INC 590 WILLIAMS ROAD • PALM SPRINGS, CA 92264 (760) 323-3383 • FAX (760) 323-8983 www.desertairconditioning.com LICENSE NO. 276586 JUNE 15,2009 JOB: HVAC MAINTENANCE SERVICES 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 PROPOSER: DESERT AIR CONDITIONING, INC. C/0 TODD SHAW 590 WILLIAMS ROAD PALM SPRINGS, CA 92264 •_ 760-323-3383 PHONE 760-323-8983 FAX tshawwa,desertairconditioning.com C Cooling Sheet Metal Heating \VW, DESERTaW CONDITIONING, INC 590 WILLIAMS ROAD • PALM SPRINGS, CA 92264 (760)323-3383 • FAX(760) 323-8983 www.desertairconditioning.com LICENSE NO. 276586 TABLE OF CONTENTS 1. TRANSMITTAL LETTER/PAGE 1 2. FIRM QUALIFICATIONS /PAGE 2 3. PROJECT APPROACH/PAGE 3 4. COMPENSATION/ATTACHMENT C 5. ACKNOLEDGMENT OF ADDENDA/ATTACHMENT A 6. REFRENCES/ATTACHMENT B 7. WALK THROUGH INSPECTION FORM/ATTACHMENT D 8. AGREEMENT FOR SERVICES/ATTACHEMENT E C Cooling Sheet Metal Heating ilk DESERTW CONDITIONING, INC 590 WILLIAMS ROAD • PALM SPRINGS, CA 92264 (760) 323-3383 • FAX (760)323-8983 www.desertairconditioning.com LICENSE NO. 276586 PAGE 1 TRANSMITTAL LETTER Desert Air Conditioning, Inc. has a great understanding of the project and services to be performed as we have filled in as a temporary provider to the city and have maintained the buildings over the last 10 months for you as you were putting together your RFP. We have also completed the job walk to reinforce our knowledge of you building. We understand that filters will be changed in the City Hall on a quarterly basis, in the Police department every other month with a recommendation if needed for areas that require more frequent filter changes, semi annual check on the two cooling towers, annual inspection of the boiler, lubrication of the pumps and bearings as per manufacturers recommendations using manufacturers recommended lubricant,monthly inspections of the water source heat pumps so that all 75 units are checked inspected during the year, inspection of the UVC lights and keeping records on replacement of the lights, and making written recommendation for problems found or improvements. We are committed to perform the services within the time period specified. Again,we are familiar with this project having filled in over the last 10 months. We have the resources necessary not only to perform the routine maintenance to you buildings,but also to respond to emergency break down calls within you time lines you have laid out on the proposal. Below is a list of the authorized representatives from our company: Jeff Shaw President 760-323-3383 Todd Shaw Service Manager 760-323-3383 or cell phone 760-272-1188 Bruce Coletti Field Supervisor 760-323-338 or cell phone 760-272-1176 C Cooling Sheet Metal Heating o - 114,Allk 4,44 15ESERTaI CONDITIONING, INC 590 WILLIAMS ROAD • PALM SPRINGS, CA 92264 (760) 323-3383 • FAX(760) 323-8983 www.desertairconditioning.com LICENSE NO. 276586 PAGE 2 FIRM QUALIFICATIONS Desert Air Conditioning, Inc.was established in 1954. We are a family owned and operated business which is three generations strong.We are a union shop which means all of our technicians have been through formal training of five years or the equivalent. We have 15 journeymen service technicians which all take their service vehicles home. We currently have three service apprentices and three installation crews for replacement of equipment. We also have approximately 15 sheet metal journeymen and four sheet metal apprentices. Our office staff has six people as well as Jeff Shaw(president), Todd Shaw(service manager), and Bruce Coletti (field supervisor). Our company is one of the only companies which is trained in the repair and service of water cooled equipment in the Coachella Valley. Our technicians are very familiar with the operation and service requirement of water source heat pumps, cooling towers, boilers,and circulating pumps. We currently take care of many buildings which use the same type of equipment as yours. Some of these companies with similar equipment which we are currently maintaining are: El Mirador Medical building; Bighorn Country Club; Civic Medical Plaza,Plaza Sunrise, Plaza de Las Flores. We are available 365 days a year and can respond to your emergency needs within in your requested time frame. We can do this because we have service technicians on call seven days a week and are a local company. Our technicians do not have the drive time that a non local company would have which means we can respond to your emergency needs quicker than our out of town competitors. C Cooling Sheet Metal Heating • - 0 DESERTW CONDITIONING, INC 590 WILLIAMS ROAD • PALM SPRINGS, CA 92264 (760)323-3383 • FAX(760) 323-8983 www.desertairconditioning.com LICENSE NO. 276586 PAGE 3 PROJECT APPROACH 1. The semi-annual check of the two cooling towers, lube bearings, check header bars, clean nozzles,check fan motors and belts will be schedule six months apart, one call in the spring and one in the fall when the weather permits the towers to be shut down. This work will take approximately four hours per cooling tower for a journeymen and an apprentice. If weather does not permit shutting the cooling towers down,we can schedule each tower on separate days so the tower will only be shut down in the A.M. 2. Annual inspection of the boilers will be scheduled in the fall prior to turning the boilers on for the season. This will take approximately four to six hours. This will be performed by a Journeymen technician. 3. Lubrication of pumps and bearings will take minimal time, will only be performed as per manufacturer's recommendations and will be performed while we are on site doing other work. 4. Monthly inspection of the water source heat pumps,checking coils, amperages,refrigerant levels and clearing the drains will be performed by a journeymen technician, on Fridays(which we are aware are lighter days) and we will spend approximately 8 hours a month doing so. 5. Replacement of the 1"pleaded filters in the city hall will be done quarterly, on Fridays and will be done by 1 journeymen and 1 apprentice and will take approximately 8 hours. 6. replacement of the 1"pleaded filters in the police department will occur bi- monthly, will be scheduled on Fridays, and will be performed by 1 journeymen and 1 apprentice and will take approximately 8 hours. 7. Inspection of the UVC lights and replacement of outdoor filters will occur during the same time we are changing the filters and will be performed by the same people. 8. Service tickets will be written on site by the technicians detailing the work performed. Recommendations will be typed by the office staff and faxed or emailed to you as per your request. C Cooling Sheet Metal Heating E. RESERVATION IN EVALUATION (IW The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the vendor determined to best meet the overall needs of the City. F. INTENT OF AWARD Upon review of the proposals submitted, the City may negotiate a scope of work and a general services agreement with one firm, or may select one or more firms for further consideration. G. PROPOSAL REJECTION The City reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements. 2. Reject any proposal not meeting the specifications set forth herein. 3. Waive any or all irregularities in proposals submitted. 4. Reject all proposals. 5. Award any or all parts of any proposal. 6. Request references and other data to determine responsiveness. SECTION 7 PROPOSAL CERTIFICATIONS ****************************************** Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such • unlikely Agreed by: 1 U Firm Name: b(a I1 Col\a‘ r\ Address: GeID (,3 1 ( i S m N ei,() rn CYO 411,226 ***************************************** Page 14 of 28 ***************************************** co. Resident Certificate Please Check One: Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ❑ Non-resident Vendor: Vendor does not qualify under requirement stated above. (Please specify your state of resid- ce• J Officer's signature: 'U`� Type or print officer's name: (t C 1'6 ***************************************** Page 15 of 28 • SECTION 8 SIGNATURE PAGE Cie The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein. The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned, by submitting a proposal, represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this proposal: Addenda:No. n D()e through No. n o n e inclusive. We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: e9-e( COr0 (-; 3 n ( Tn C Address: 5-9'0 WI ) !o Yn "Roo_ ef- ?4n 5-?(► n p, CA 9 �a Telephone: 7 60 _ .7,Z 3 Fax : 7 (p() — 2-3` 0 By: G�-�_� Date: (Signature of Authorized Official. If partnership, signature of one partner.) Typed Name& Title: IC S V1cr.4. Ce C4 d 11 ;� P�� S��vtl ?CloSio1-0(\c If corporation, attest: � \ ; "I'� � �7 �� n a rk- -- (Corporate officer) *Corporation n Partnership ❑ Individual Federal Tax Identification Number(TIN): 9S — 7 0 gg g Page 16 of 28 ATTACHMENT A ACKNOWLEDGMENT OF ADDENDA CITY OF CATHEDRAL CITY, CALIFORNIA REQUEST FOR PROPOSAL HVAC MAINTENANCE SERVICES CLOSE: (DAY OF WEEK), (MONTH -DAY -YEAR), (TIME) (AM/PM) I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: If none received, write "None Received" 1. k OnC eei',1-ed 2. 3. 4. Date Signature of Proposer Title r (on yn J -Tnc Corporate Name Page 17 of 28 (111; ATTACHMENT B STATEMENT OF PROPOSAL Name of Consultant: TeSe( - �` c Conch "fl(1 t--(N) �r Mailing Address: 590 I I i G en . % 06- CI rPK\Or\ t •r 5 C q ,P2 (-/ Contact Person: Tod S� � Telephone: t!o® 3 - 3C Fax: 7 O - 3,2 3- g9'3 Email: - 5hae L.AJ AeSerri-a ,cc orGY (if? co ton accepts all the terms and conditions contained in the City of Cathedral City Request for Proposal for HVAC Maintenance Services and t e ttached agreement for general services (Attachment E): Z/16( t`^ - 9' Signature of authorized representative Date --rba4 5J 6 c 7600-- 3-3 3 Type or print name of authorized representative Telephone Number TDe S hG LiN) -760-3.23-33(f3 3(f3 Type or print name of person(s) authorized to negotiate contracts Telephone Number REFERENCES � 1 ic6k or (YeX; cc, \ - y1 (o- t--)SoC Reference #1 Telephone Number 1 \q o N . a ra SC( (.7e0-C4 t Project Title Contact Individual n CC;L-,,nc C sum \ �(003q) y 3 Reference #2 Telephone Number ?Sto ?c\0.4-1 e-r — (rk; naer\Gnce d SerVice cT2(A(i- Y) Is\ Project Title Contact Individual 1Je55mac) ■ce \o? y r 7te0--3.zSSoso Reference #3 Telephone Number 1CGZG. 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N c � 7d kl ∎I •yno — cc) = Zn cD I to n oo co l co 1 „y,3 1 "0 n �] < cD Ro C7 „' h:�y CI x x 0-. x O O 00 b CD = W a.G C ' C O � O � Z O � (') '5' p Cil d til O O w O h 0 a J P h �] nr `" = nr n '� n CD tml to 1-1 EA cfl sF, EA c ;f; �1 C CD `� CT1 = p OOpp o 0 imi � � o • •,Ctrif r ) (A LA LAL� sA CZ ' -0 d 0 d O > b �6 04 V\,k) d rii NO f b " ,r d S zr O03 y cD to 11 0 cD cD ' o rei CD r' Co,' ,:,....., VI N 00 ATTACHMENT D CITY OF CATHEDRAL CITY RFP-HVAC MAINTENANCE SERVICES WALK-THROUGH INSPECTION FORM I have personally completed the scheduled Pre-Bid Conference and Walkthrough of each of the buildings listed below and am acting a representative of: beec TnL Company Name The Conference and Walkthrough took place on: Date JJ Shock,) Printed Name Signature FACILITIES INCLUDED IN THE CONFERENCE/WALKTHROUGH Cathedral City Civic Center/Police Dept. 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 , ,o4\ 1 61' (V \,1 o C Page 20 of 28 ATTACHMENT E CITY OF CATHEDRAL CITY,CALIFORNIA AGREEMENT FOR SERVICES RELATED TO HVAC SERVICE AND MAINTENANCE THIS AGREEMENT made and entered into this 1St day of August, 2009 by and between the City of Cathedral City, a municipal corporation of the State of California, hereinafter called City, and Desert Air Conditioning, INC,hereinafter called Contractor. RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services; and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,the parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to HVAC repair and maintenance as detailed in Exhibit A— Scope of Services and by this reference made a part hereof. '2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on August 1, 2010. All services shall be completed prior to the expiration of this Agreement. The City and Contractor may agree upon executing up to four (4)one(1)year contract extensions. The total length of this contract may not exceed five(5)years. 3. COMPENSATION City agrees to pay Contractor the amounts not exceeding those stated in Attachment C of the bid document, for performance of those services described therein,which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to all federal and state laws. Page 21 of 28 F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under Federal and California state law. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in nor shall duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be submitted by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: Contract Manager for City Contract Manager for Contractor City of Cathedral City Company: Desert Air Conditioning INC Attn: Pat Milos Attn: Todd Shaw 68-700 Avenida Lalo Guerrero, Address: 590 Williams Road Cathedral City, California 92234 Palm Springs, California 92264 Phone: (760) 770-0390 Phone: (760) 323-3383 Fax: (760)328-8622 Fax: (760) 323-8983 Email Address: pmilos @cathedralcity.gov Email Address:tshaw @desertairconditioning 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before it's due course shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered to the date of termination. 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. Page 22 of 28 • 9. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of the City, from any claim, demand, damage, liability, loss, cost or expense (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor's tiv employees, or any of its subcontractors arising out of work under this contract. The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim,demand, damage, liability, loss, cost or expense described herein. The City will not be liable for any accident, loss,or damage to the work prior to its completion and acceptance 12. INSURANCE REQUIREMENTS Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence basis". This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Page 23 of 28 Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers' Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employer's Liability(Coverage B). D. Insurance Carrier Rating All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. E. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 20. ATTORNEY'S FEES CO In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees(expert and non-expert), attorney's fees and court costs on appeal. Page 24 of 28 • • 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in Federal and State of California law, the provisions of which are hereby made a part of this agreement. 22. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 23. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in Cy the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that Contractor has read this Agreement, understands it and agrees to be bound by its terms and conditions. Page 25 of 28 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TH RAL CITY r 8t vg By: T Scott,Administrative Services Director at CONTRACTOR SC� 'I (on 3 � � n n� Todd , ha& �rre c �o r Print Company, Authorized Representative Name&�fitle -1)- v5' Signature of Authorized Representative Date C:10 Page 26 of 28 EXHIBIT A SCOPE OF SERVICES Co Page 27 of 28 • EXHIBIT B CONTRACTOR'S PROPOSAL Ce Page 28 of 28