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CC - 2012-16 - Contracting for HVAC Replacement and Award of Contract to K & J Air Conditioning at Rosemead Community Recreation CenterRESOLUTION NO. 2012 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REGARDING CONTRACTING FOR HVAC REPLACEMENT AND AWARD OF CONTRACT TO K &J AIR CONDITIONING AT THE ROSEMEAD COMMUNITY RECREATION CENTER WHEREAS, the City of Rosemead desires to complete upgrades of the Heating and Ventilation Systems at Rosemead Community Recreation Center utilizing approximately $200,000 from the Energy Efficiency and Conservation block Grant, as a part of the American Recovery and Reinvestment Act of 2009; and WHEREAS, the City of Rosemead has competitively bid this project, consistent with state public contracting law, to award a contract for the completion of the improvements, and subsequently rejected all bids because the bids came in beyond the allotted Grant funds for the project; and WHEREAS, the terms of the Energy Efficiency and Conservation Block Grant require the awarding of a contract and encumbering of funds by March 19, 2012 in order to prevent the forfeiture of the awarded funds; and WHEREAS, the City of Rosemead Municipal Code section 3.24.090(H) provides that the City Council, on recommendation of the City Manager, may determine that an alternate procedure will be in the best interests of the City, the City may follow another process to award a contract; and WHEREAS,.the City of Rosemead Purchasing Policy also provides that where unique costs savings can be obtained, the City may use of alternative bid and award measures under certain circumstances; and WHEREAS, in order to avoid the forfeiture of the Grant funds, the City of Rosemead conducted a shortened proposal process in which the notice, plans and specifications for the project were publically posted on the City's website and ten (10) qualified contractors were invited to participate in the proposal process, and the City received said proposals on February 23, 2012 NOW THEREFORE BE IT RESOLVED that the City Council of the City of Rosemead hereby declares and finds the following: Section 1. The above recitals are hereby incorporated. Section 2. The Rosemead City Council acknowledges and accepts the extenuating circumstances related to this project and that in order to avoid the loss of the Grant funds and in the best interest of the City Council finds that it is necessary to use the shortened bidding process for the award of the project to K &J Air Conditioning. Section 3. The Citv Clerk shall certifv as to the adootion of this Resolution. ATTEST: "Gloria Molleda City Clerk AS TO FORM: City Attomey STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2012 -16 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REGARDING CONTRACTING FOR HVAC REPLACEMENT AND AWARD OF CONTRACT TO K & J AIR CONDITIONING AT THE ROSEMEAD COMMUNITY RECREATION CENTER was duly and regularly approved and adopted by the Rosemead City Council on the 28th of February, 2012, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Gloria Molleda City Clerk PUBLIC WORKS SEP.VICE DEPARTMENT/ENGWEERING DIVISION CITY OF ROSEMEEAD PROJECT No. P31002 -1 BID ANALYSIS BID SUBMITTAL FEBRUARY 23 2012. K & J AIR CONDITIONING BAS BID PRIG: #1 ITEMjDESCRLP,TON ut1 ,.':"TU = ._ >. ?_ � xMe.. a ^`T'...,.l ;FtSIQTY jUNIL.¢UNIPP.RICEw , UNIT ; F,UNIT: BRICE {s" N,r 1 (CLEARING AND GRUBBING. 1.00 LS 1 $ 5,000.00 $ 5,000.00 ;DEMOLITION OF EXISTING RTUs INCLUDING ALL AUXILLARY 2 1 COMPONENTS & DISPOSAL OF WATE MATERIAL 1.00 LS $ 14,000.00 $ 14,000.00 3 !WOOD FRAMING UNDER NEW CURBS 1.00 LS S 1,500.00 $ i,500 .00 4 NEW ROOF TOP UNITS (RTU) & CURBS 1.00 LS i $ 114,000.00 1 $ 114,00000 DUCTWORK, PIPE, CONDUIT AND ALL MECHANICAL COMPONENTS INCLUDING AIR BALANCING AND RELOCATION 5 OF EXISTING EXHAUST FANS 1.00 LS $ 28,700.00 $ 28700.00 6 ELECTRICAL WORK - 1.00 LS $ 5,500.00 $ 5.500.00 ITOTAL BASE BID PRICE LS $ 58,000.00 $ 168,700.00 PARDESS AIR BASE BID PRICE #2 ITEM�IDESCRIPTIONV -.'., 1r!,.'W - Z+ $;'g. �I'.•:_, DESCRIPTION;,." 3 '' ._', i3ida $�$�GS'�'+w" .' - n;•aY , UNIT ; F,UNIT: BRICE ,TOTAL?r AT-Z - ' 1 ICLEARING AND GRUBBING. 1.00 1 LS I S 1,000.00 1 $ 1,000.00 2 (DEMOLITION OF EXISTING RTUs INCLUDING ALL AUXILLARY !COMPONENTS & DISPOSAL OF WATE MATERIAL 1.00 LS $ 10,000.00 $ 10,000.00 3 !WOOD FRAMING UNDER NEW CURBS 1.00 LS S 22,000.00 $ 22,00000 4 NEW ROOF TOP UNITS (RTU) & CURBS 1.00 LS S 135,000.00 $ 135,000.00 5 DUCTWORK, PIPE, CONDUIT AND ALL MECHANICAL COMPONENTS INCLUDING AIR BALANCING AND RELOCATION [OF EXISTING EXHAUST FANS 1.00 LS $ 58,000.00 $ 58,000.00 6 !ELECTRICAL WORK 1.00 LS $ 22,000.00 $ 22,000.00 I $ 275,860.00 ITOTAL BASE BID PRICE $ 248,000.00 AC PROS BASE BID PRICE #3 ITEM(' DESCRIPTION;,." 3 '' ._', i3ida $�$�GS'�'+w" .' - n;•aY ° ;;fQTK_�'L" UNIT R UNIT ;PRICE5''= ,.g1$.TOTAL' 1 CLEARING AND GRUBBING. 1.00 LS $ $ 2 (DEMOLITION OF EXISTING RTUs INCLUDING ALL AUXILLARY ICOMPONENTS & DISPOSAL OF WATE MATERIAL 1.00 LS 8 8,000.00 $ 8,000.00 3 (WOOD FRAMING UNDER NEW CURBS 1.00 LS $ 36,420.00 $ 36,420.00. 4 INEW ROOF TOP UNITS (RTU) & CURBS 1.00 1 LS $ 145,600.00 $ 145 60000 5 DUCTWORK, PIPE, CONDUIT AND ALL MECHANICAL COMPONENTS INCLUDING AIR BALANCING AND RELOCATION OF EXISTING EXHAUST FANS 1.00 LS $ 38,840.00 ! 9 38,840.00 6 (ELECTRICAL WORK 1.00 LS $ 4],000.00 $ 47,000.00 (TOTAL BASE BID PRICE I $ 275,860.00 PACIFIC AIR HEATING AND COOLING BASE BID PRICE #4 ITEM - 'DESCRIPTION = #- -. ',_ :�-' QT,Y .' UNIT Jn UNIT- PRICE °I!� ' )L`,. 1 CLEARING AND GRUBBING. 1.00 LS 1 $ 4,500.00 1 $ 4,50000 2 DEMOLITION OF EXISTING RTUs INCLUDING ALL AUXILLARY COMPONENTS & DISPOSAL OF WATE MATERIAL 1.00 LS $ •27,000.00 $ 27,000.00 3 WOOD FRAMING UNDER NEW CURBS 1.00 I LS I $ 18,000.00 $ 18,000.00 4 INEW ROOF TOP UNITS (RTU) & CURBS 1.00 LS $ 108,000.00 $ 108000.00 5 DUCTWORK, PIPE, CONDUIT AND ALL MECHANICAL COMPONENTS INCLUDING AIR BALANCING AND RELOCATION OF EXISTING EXHAUST FANS 1.00 LS $ 181 000.00 $ 181,000.00 6 IELECTRICAL WORK 1 1.00 LS $ 40,500.00 S 40,50000 ITOTAL BASE BID PRICE 1 I 1 $ 379,000.00 =012 PAGE i CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT PROJECT No. 31002 -1 BIDDER: KI's h%2 Cowi'Rc�or"�, � • le Is] :yl:t_L TABLE OF CONTENTS SECTION 1 BID SCHEDULE ....................................................................... ............................... 1 SECTION 2 BID DATA FORMS .............. ............................... 2.A BID BOND ............................ ............................... 2.13 LIST OF PROPOSED SUBCONTRACTORS.... SECTION 3 NON - COLLUSION AFFIDAVIT ........................... ......... ............................... 5 .................................... I... 6 ......... ............................... 7 ...... ............................... 10 CBF -12 SECTION 1 - BID SCHEDUL . BIDDER: K4-3' Auc I j tic- • REVISED BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT PROJECT No. 31002 -1 HVAC BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE).$ 4 1 1 6 13 , 40i�s• e� Ol.S HU1 -oP-eA s14Ltr E &4rr -ItiousA# -O se41MJ HW-Of o Lky.XA" Dollar amount in written form CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 1 Clearing and Grubbing LS t $ 2 Demolition of existing RTU units, LS 1 including all auxiliary components & disposal of waste materials �e f OCR >i� & ly 0o6 0 3 Wood Framing Under New Curbs LS 1 Jel So'b- 4 New Roof Top Units (RTU) & LS 1 Curbs 11y ' 000. 1111 - ti 14 om," 5 Ductwork, Pipe, Conduit and All LS 1 Mechanical Components Including Air balancing and relocation of Existing Exhaust Fans 1 6 1 Electrical Work LS 1 $S Scx�-S $• m TOTAL BASE BID PRICE (SCHEDULE BID PRICE).$ 4 1 1 6 13 , 40i�s• e� Ol.S HU1 -oP-eA s14Ltr E &4rr -ItiousA# -O se41MJ HW-Of o Lky.XA" Dollar amount in written form CBF -1 BIDDER: ({f$ Ait CDnroITIoNINtr, iNc . BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT PROJECT No. 31002 -1 HVAC BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ Dollar amount in written form CBF -1 UNIT OF EST. UNIT ITEM NO, ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing and Grubbing LS 1 2 Demolition of existing RTU units, LS 1 including all auxiliary components & disposal of waste materials 3 Wood Framing Under New Curbs LS 1 4 New Roof Top Units (RTU) E LS 1 Curbs 5 Ductwork, Pipe, Conduit and All LS 1 Mechanical Components Including Air balancing and relocation of Existing Exhaust Fans 6 Electrical Work LS 1 7 Asbestos Abatement 8 Lead Paint Abatement ESF TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ Dollar amount in written form CBF -1 BIDDER: 143 Ala (bsb1T1o, -t tw(r, I esL= , Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified gheck, a cashier's check or a bid bond in the amount of yciz �aau'"" ib �8•'� said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared bythe Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) if project is not completed in forty-five (45) calendar days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. #1 CBF -2 BIDDER: V }S ML CO UOrr IO UlNfr 1 Nc . The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the unders!dned Bidder agrees to enter into and execute the Contract with the necessary bonds and a the Total Bid Price as compensation in full for all Work under the contract. /j . A� CBF -3 By: ()OJRA Sign ure Ski APTO L,t lJ Type or Print Name 'Pf.cSl EY ST o N U Title BIDDER: 1(. TMIZ CAuDtSl , 0iu( r , Iu U01 %w we p(Z.. Business Street Address 'BUepA PePaL took • god � City, State and Zip Code Telephone Number Bidder's/Contracior's State of Incorporation: CAL. *00 -.Jl& Partners or Joint Venturers: /./ j'A Bidder's License Number(s): 64830 - 1 C -aQ NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, nartnershin or ioint venture has the authority to do so. CBF -4 BIDDER: k,'ZS Alt CDUDtTls411uG IL. SECTION 2 BID DATA FORMS ' BIDDER: K &J Air Conditioning, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT K & J Air Conditioning, Inc. as , as Surety, are held firmly bound unto the CfTY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of total amount bid ($ , being not less than ten percent (10 9 /6) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Rosemead Community Recreation Center HVAC Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 02/2312012 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 21st day of February 20 12 K & J Air Conditioning, Inc. (SEAL) Con bectom Bonding am msumnca Company (SEAL) Principal Surety By: B Signature Signature Edilh Ganbay, Attomeydn Facl CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof Orange On 02 -21 -2012 before me, R Rivas. Notary Public I Date Here Insert Name and Tie of the Office, personally appeared Edith Garibay — Name(s) of &gner(s) R. RIVAS . Commission M 1954551 -� Notary Public - California i Orange County My Comm. Er Tres Oct 28, 2015 who proved to me on the basis of satisfactory evidence to be the person(6) whose name(a) is /ardsubscribed to the within instrument and acknowledged to me that iefshe/tbey executed the same in bWher /)petr authorized capacity(iso and that bybis signature(' on the instrument the person(;}, or the entity upon behalf of which the persoq(ar 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 hgn ' ial seal. t t Signature —t-c1.e-c.. Place Notary Seal Above Signature of Notary Puok OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Thle(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Tdle(s) ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact • - Q Trustee e ❑ Guardian or Conservator Top of Ihumb here ❑ Other: Signer Is Representing: Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the,bond which it authorizes executed, but may be detached by the approving officer if desired That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Jolm F. Monroe. Edith Garibay. Eugene T. Zondlo. Rosa E. Rivas. jointly or severally in the City of Irvine . State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00 /100 Dollars ( $10,000,000.00 k for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to-wit: "AB bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of June 2011 •,`�aP'•• " •••.•, Contractors Bonding and Insurance Company c•-I 4 .a. ♦lac SEAL; Zf State of Washington 1 9 7 9 . ..- * •. 1979 • Roy C. Die Vice President SS County of King •,4xexixo�o�,,.``��` CERTIFICATE On this 22nd day of June 2011 before me, a Notary Public, personally appeared Roy C. tie . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said insbvrnent to be the voluntary act and deed of said corporation. ' �...t a VU � Joseph B. uller Notary Public Naar? Public state d wohingloa JOSEPH B. MULLER MY COMMISSION ORRES Mach 2a. 2012 I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and they S` of the Contractors Bonding and Inmrance Company this LL day of Fohrnar 90 " Contractors Bonding and Insurance Company Roy C. Die Vice President 047561903M2 A0059511 Bonding and Insurance Company chic 1213 Valley 1213 alley Slnxt P.O.Box9271 Mauaw.v , Seance, WA 98109-0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the,bond which it authorizes executed, but may be detached by the approving officer if desired That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Jolm F. Monroe. Edith Garibay. Eugene T. Zondlo. Rosa E. Rivas. jointly or severally in the City of Irvine . State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00 /100 Dollars ( $10,000,000.00 k for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to-wit: "AB bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of June 2011 •,`�aP'•• " •••.•, Contractors Bonding and Insurance Company c•-I 4 .a. ♦lac SEAL; Zf State of Washington 1 9 7 9 . ..- * •. 1979 • Roy C. Die Vice President SS County of King •,4xexixo�o�,,.``��` CERTIFICATE On this 22nd day of June 2011 before me, a Notary Public, personally appeared Roy C. tie . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said insbvrnent to be the voluntary act and deed of said corporation. ' �...t a VU � Joseph B. uller Notary Public Naar? Public state d wohingloa JOSEPH B. MULLER MY COMMISSION ORRES Mach 2a. 2012 I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and they S` of the Contractors Bonding and Inmrance Company this LL day of Fohrnar 90 " Contractors Bonding and Insurance Company Roy C. Die Vice President 047561903M2 A0059511 BIDDER: KlrS AOL �D MowluG -, INC. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ) , being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Rosemead Community Recreation Center HVAC Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of -20 Principal 0 Signature In (SEAL) Surety Signature Is] ]I. BIDDER: KVS At& COVDtl I*JLa. r [NC. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the *Subletting -and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion.of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total. Bid Price or, in the case of bids or offers forthe construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 S BIDDER: OC T Atf— tDuOiT ootl.1c', l ur . 2.B UST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages it needed for listing additional subcontractors. — I Name and Location Description of Work of Subcontractor to be Subcontracted Al4 BALA"CA - t. Name: Ptk4StJwt Al C. &AL4 s[ Z Address: 1940 Q. i1Wftv,cjpwJ 5r• surm H rw�tmtM ca 4x80 Name and Location Description of Work of Subcontractor to be Subcontracted Name: WVLVVDA C-Lk( UCAL- Address: `J3 S1 W � AVE b A4 JANr!itl cA. 9a -804 Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: LWUMU BIDDER: k4r �f AtR Cowhiri owc, iwc. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: t. CAT( 61 oR-A.j&r-- 3$0 S. t4E4, -Z S ouwrn - C& JAW Name and Address of Owner GXAvx. '&M rtti, C71 yl 41 Name and telephone number of person V4 amount a 2. SArJ DIEtln� ULAfmn Sc.+ys - DisTA.mX Y610 QWxcc Sr. SAU Dje&� CA. 71 411 Name and Address of Owner AOAM Wtr.JOHAM ( -9803 Name and telephone number of person familiar with project amount Type 3. AB(- ULAFMO SC44CM- DLST GT 167CO /.6t)wLALt, etAro, C9 - 4"PS I CA. 90?o3 Name and Address of Owner -3810 of person familiar with project .1b 43 $c'A. amount Type of Work Date 4. Axe Ul-AP00 se4A93- 011-194e 16 CX AvZ''S , ra 9 0703 Name and Address of Owner Th/4, FADS - nom 1;S6a -� S Name and telephone number of person familiar with project -ft 438 kescs o0 Contract amount 2Al O Completed CBF -9 BIDDER: Kl S A1L WD(aghy6 -� Iw SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER: ,+'g Ax2 i Dt NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid deposRory, or to any member or agent thereof to effectuate a collusive or sham bid. Signa re TF�-WT �lrlCOli+rJ Typed or Printed Name "Pry Title K+-S Ate- co"chTtor - k t�lc. Bidder Subscribed and sworn before me This day of 20_ (Seal) Notary Public in and for the State of California My Commission Expires: CBF- 11' MAYOR: STEVEN LY MAYOR PRO TEM: SANORAARMENTA COUNCIL MEMBERS: BILL ALARCON MARGARET CLARK POLLY LOW Rosemead 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (B26) 307 -9218 CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA ADDENDUM NUMBER To all prospective bidders under Bid Documents for the ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT Project No. P31002 -1 You are hereby informed that Bid Schedule Items shall be deleted: NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 7 Asbestos Abatement SF 8 Lead Paint Abatement SF These items shall not be a part of this project. Please see the attached revised bid schedule (Page CBF -1) for proposal submittal. 2. The rest of Bid Documents as originally issued shall be used in submitting bids, and an acknowledgement of receipt of this Addendum Number 1 shall be entered on the page CBF — 2 of the Contract Bid Forms. Failure to provide such acknowledgement shall render the bid as non - responsive and subject to rejection. BY ORDER OF THE CITY OF ROSEMEAD Date: February 21, 2012. By Rafael Fajardo Associate Civil Engineer ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER C.. *54+ A164 DATE: FEBRUARY 28, 2012 SUBJECT: REPLACEMENT OF COMMUNITY CENTER HVAC SYSTEM — AWARD OF CONTRACT SUMMARY As a part of the City's Capital Improvement Program, the City Council approved a project titled, "Citywide Energy Efficiency Program ", which consists of several modernization projects of existing infrastructure and systems at City facilities. This project includes the replacement of the existing HVAC system, with nine (9) new energy efficient roof top units, and other related work at the Rosemead Community Recreation Center. Grant funding, through the Energy Efficiency and Conservation Block Grant, is available for this project. On January 24, 2012, following a formal bidding process, the City Council rejected all bids received for the project and directed staff to pursue other means of completing the scope of work. This was the second time in the last three months that a bid was rejected for an HVAC /Mechanical project due to high bid prices. In continuing this project, the initial project was split from one project encompassing both Roof and HVAC replacement to two distinct projects based on the specific trades, as this was determined to be the best manner of working within the estimated costs. In order to meet a Department of Energy grant obligation deadline of March 19, 2012, a shortened bid process was conducted and new bids were received. Plans, specifications and notices were posted on the City's website and ten (10) qualified HVAC contractors were contacted and invited to participate in the bidding process. On February 23, 2012, informal bids were accepted and analyzed. Staff Recommendation It is recommended that the City Council: 1. Approve the plans and specifications for the Replacement of HVAC System for Rosemead Community Recreation Center Project; and 2. Authorize the City Manager to enter into a contract with K &J Air Conditioning in the amount of $168,700 and establish a contingency in the amount of 20% of bid ($33,740) to cover any unforeseen construction expenses. APPROVED FOR CITY COUNCIL AGENDA: . ITEM NO. ®. � City Council Meeting February 28, 2012 Pace 2 of 3 3. Approve Resolution No. 2012 -18, Regarding Contracting for the Replacement of HVAC System at Rosemead Community Recreation Center. DISCUSSION The City's purchasing policy allows for projects to be awarded outside of the traditional bidding process in situations with extenuating circumstances. Based on the rejection of all initial bids on this project and the Department of Energy time constraints on the grant, staff believes this is the best means of proceeding with this project. Failure to award a contract and encumber the money for the project prior to the March 19 deadline may result in the forfeiture of the Energy Efficiency and Conservation Block Grant funds. Staff proceeded with a shortened bid process. Plans, specifications and a notice inviting bids were also posted on the City's website and 10 qualified Roofing contractors were contacted and invited to participate in the bidding process. A pre- bid /job walk meeting was held on February 21, 2012 at 9:00 a.m. and nine (9) qualified contractors attended. At 11:00 AM on February 23, 2012, the City Clerk received and opened six (6) sealed informal bids with the following results: RANK CONTRACTOR LOCATION BID AMOUNT 1 K &J Air Conditioning Buena Park, CA $168,700.00 2 Pardess Air Los Angeles, CA $248,000.00 3 AC Pros Tarzana, CA $275,860.00 4 Pacific Air Riverside, CA $379,000.00 Staff has reviewed the bid documents for completeness and investigated the contractor's background and recent projects for competency. Staff has concluded that K &J Air conditioning is the lowest responsive bidder to perform the construction of this project. K &J Air Conditioning has satisfactorily completed similar projects for other public agencies, including the City of Orange, San Diego Unified School District, and ABC School District. TIMELINE If directed to move forward, staff will work to complete this project according to the following schedule: February 28 — City Council Awards Contract April 1 st — May 31 st — Tentative Construction Schedule June 1 st — Tentative Project Completion City Council Meeting February 28, 2012 Page 3 of 3 FINANCIAL REVIEW The funding for this project has been allocated in the City's approved FY 2011 -12 Capital Improvement Program Budget through the Energy Efficiency Conservation Block Grant. The total appropriation needed to award this project is $202,440, which includes a 20% contingency amount ($33,740) for unforeseen construction expenses. The contingency amount is within the limits established in the City Purchasing Policy. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Implementing Guidelines. LEGAL REVIEW ' The initial bid rejection and the subsequent informal bid process was reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Sean Sullivan Management Analyst Submitted By: Chris Marcarello Director of Public Works Attachments: (1) Bid Summary (2) Project Specifications (Available in City Clerk's Office)