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HomeMy WebLinkAboutC34310 Civic Center HVAC Replacement Project 2015Contract No. C34310 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C34310 TO ANDERSON AIR CONDITIONING L.P. FOR THE CIVIC CENTER HVAC REPLACEMENT 2015 IN THE AMOUNT NOT TO EXCEED $107,091.00 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Anderson Air Conditioning L.P. 2100 E. Walnut Avenue Fullerton, California 92831 DATE: May 14, 2015 CONTENTS: Agreement and Bonds Contractor's Bid Bid Clarification from Anderson Air Conditioning L.P. Recommendation By Minute Motion: 1. Reject the low bid (F.M. Thomas Air Conditioning, Inc.) as non -responsive; 2. Waive minor bid irregularities in the bid submitted by Anderson Air Conditioning L.P.; 3. Authorize the award of Contract No. C34310 to Anderson Air Conditioning L.P., Fullerton, California, for the Civic Center HVAC Replacement 2015 in an amount not to exceed $107,091.00; 4. Authorize the Director of Finance to set aside a 10 percent ($10,709.10) contingency; 5. Appropriate $117,800.10 (base bid plus contingency) and an additional $3,000 for miscellaneous electrical repairs that may be required for a total of $120,800.10 from Unobligated General Funds to Account No. 110-4340-413- 3310; and 6. Authorize the Mayor to execute the contract. Background There are 14 rooftop package HVAC units in need of replacement at City Hall. These units are generally 20 years old or greater and maintenance costs are escalating. On April 2 and 8, 2015, the Notice Inviting Bids for the Civic Center HVAC Replacement was advertised, and on April 28, 2015, sealed bids were opened by the City Clerk. Below is a summary of the bids received: Staff Report Award C34310 to Anderson Air Conditioning L.P. for Civic Center HVAC Replacement 2015 Page 2 of 2 May 14, 2015 Company Name city Bid F.M. Thomas Air Conditioning, Inc. Brea, CA $103,180.00 Anderson Air Conditioning L.P. Fullerton, CA $107,091.00 GM Climate Control, Inc. Saugus, CA $109,900.00 Desert Air Conditioning, Inc. Palm Springs, CA $113,175.00 D. Burke Mechanical Corp. Norco, CA $114,540.00 Pacific West Industries, Inc. Anaheim, CA $128,000.00 Elite Air Conditioning, Inc. Norco, CA $128,820.00 Cool It Heat It Poway, CA $139,562.08 Los Angeles Air Conditioning, Inc. La Verne, CA $157,000.00 A non-waivable bid irregularity (failure to list subcontractor) was discovered in the apparent low bid submitted by F.M. Thomas Air Conditioning, Inc. Minor bid irregularities were found in the next lowest bid submitted by Anderson Air Conditioning L.P. Staff has reviewed the irregularities addressed in the attached clarification from Anderson Air Conditioning L.P. with legal counsel. Consequently, staff recommends that the City Council waive the minor bid irregularities in the bid and award the contract to Anderson Air Conditioning L.P., of Fullerton, California. Staff has reviewed the contractor's qualifications and found them to be in accordance with the type of work being performed in this contract. Anderson Air Conditioning L.P. previously completed the replacement of the HVAC system at the Palm Desert Civic Center Sheriff Center. The work is expected to be completed approximately two weeks after the equipment is received. Fiscal Analysis This is a maintenance activity and there is no fiscal impact beyond the contract amount. Energy savings are anticipated with newer, more energy efficient units. Prepay d By: V / ,�zd&cp/v ��� Heather Buck David Flint Project Coordinator Building Maintenance Supervisor Depa e t ead: 6 — Mark Gr n ood, P. . Paul S. Gibson, Director of Finance Director dV Oublic Works M. Wohlmuth, City Manager G \PubWorks\Staff Repons\2015\May 14\09 Award C34310 to Anderson Air for Civic Center HVAC Replacement 2015\SR Award C34310 Civic Center HVAC Replacement 2015 doc AGREEMENT THIS AGREEMENT is made and entered into this 14th day of May, 2015, by and between City of Palm Desert, California, hereafter called "CITY" and Anderson Air Conditioning L.P. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. CIVIC CENTER HVAC REPLACEMENT 2015, CONTRACT NO. C34310, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The 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; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Any Change Orders issued; (m) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (n) The Determination of Prevailing Wage Rates for Public Work, (o) Addenda No(s) 1 and 2. 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 14 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 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 $500.00 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 prevailing 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. 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 workers' 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 CONTRACTOR: BY: TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY CONTRACTOR ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 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 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Anderson Air Conditioning L.P. hereinafter designated as the "Principal", a contract for: CIVIC CENTER HVAC REPLACEMENT 2015 CONTRACT NO. C34310 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 One Hundred Seven Thousand Ninety-one Dollars ($ 107,091.00), 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 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: (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SURETY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 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 Page 2 PRINCIPAL ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 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 Page 3 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Anderson Air Conditioning L.P. (hereinafter designated as the "CONTRACTOR"), an agreement dated May 14, 2015 described as follows: CIVIC CENTER HVAC REPLACEMENT 2015, CONTRACT NO. C34310, (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 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 payment notices under Section 9100 of the California Civil Code, in the sum of One Hundred Seven Thousand Ninety-one Dollars ($107,091.00), 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 et seq. 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 payment 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 4 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 PRINCIPAUCONTRACTOR: (Typed Name of CONTRACTOR) In (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attomey-in-Fact) (Signature must be notarized) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance 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 5 SURETY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) M 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 Page 6 PRINCIPAL ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." 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 Page 7 C - CONTRACTOR'S BID CIVIC CENTER HVAC REPLACEMENT 2015 CONTRACT NO. C34310 TO: CITY OF PALM DESERT, "CITY" DATE: 04/28/ 15 BIDDER: Anderson Air Conditioning L.P. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, CIVIC CENTER WAC REPLACEMENT 2015, CONTRACT NO. C34310, 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 before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an Irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing 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 work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, 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 resultant 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 Involved, lease and rental costs, additional salaries and overhead, Increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and Page C-1 cost of maintaining or construction attemate facilities occasioned by the failure to execute and deliver said documents. It is understood that the price shown hereon includes all phases and types of work described In the Specifications. The lump sum cost for performing the entire scope of the contract work shall be indicated. �M •'� �, ... n ; °� � `.', tQ� Unit �.�.��, ,.yea o IiC. to Building A. Unit 13 1 LS $ 9,312.00 Manufacturer: Carrier Model No: 1 50TCOA07A2A8-OAOAO Building B, Unit 1 1 LS $ 3,104.00 Manufacturer. Carrier Model No: 2 48VLNB240403 Building B, Unit 4 1 LS $ 11,640.00 Manufacturer: Carrier Model No: 3 48TCDDOSA2A5-OAOGO Building B, Unit 5 1 LS $ 6,208.00 Manufacturer: Carrier Model No: 4 48VLNB4809O5 Building B, Unit 6 1 LS $ 6,208.00 Manufacturer: Carrier Model No: 5 48VLNB480905 Page C-2 ?NO '1 {D' GV�.^i'I^y°y�y h�.:�•3f-.Li t"Y �Qua Fq 4''r't'dR ' � M P •R/i1li�'!''", � t � t�', lM'*' '� w, 'ir.��� � �311 yF � �•i•,�N�'� . . Building B, Unit 7 1 LS $ 7,760.00 Manufacturer. Carrier Model No: 6 48VLNB600905 i Building B, Unit 9 1 LS $ 11,640.00 ; Manufacturer. Carrier Model No: 7 48TCDD08AM5-OAOGO i Building C, Unit 4 1 LS $ 6,208.00 Manufacturer: Carrier Model No: 8 48KCLA05A2A5-0AOAO Building D, Unit 1 1 LS $ 7,760.00 Manufacturer. Carrier Model No: 9 48KCLA06A2A5-OAOAO Building D, Unit 3 1 LS $ 7,760.00 Manufacturer: Carrier Model No: 10 48VLNB600905 Building D, Unit 4 1 LS $ 7,761.00 Manufacturer. Carrier Model No: 11 48VLNB600905 Page C-3 Building D, Unit 5 1 LS $7,761.00 Manufacturer: carrier Model No: 12 48VLNB600905 I Building D, Unit 7 1 LS $6,208.00 Manufacturer: Carrier Model No: 13 48KCLA05A2A5-0A0A0 Building D, Unit 8 1 LS $ 7,761.00 Manufacturer. Carrier Model No: 14 48VLNB600905 $ TOTAL BID PRICE 107.091.00 The costs of any work shown or required In the Plans and Specifications, but not specifically Identified as a Pay Item are Included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 107,091.00 TOTAL AMOUNT BASE BID IN WORDS One hundred seven thousand ninety one dollars and zero cents. Page C-4 BID ALTERNATES Alternate #1: Shall be Inclusive of all work and materials incidental thereto and connected therewith, but not limited to the following items: S ' rTICN►�-� ,� 1:EFa :x. 1 O rator unit for f-Vu _ 14 �^ $ 4,400.00 $ 61,600.00 TOTAL BID ALTERNATE PRICE $ TOTAL AMOUNT ALTERNATE 1 IN FIGURES $ st,soo.00 TOTAL AMOUNT ALTERNATE 1 IN WORDS sixty one thousand six hundred dollars and zero cents Bid amount of each of the above bid items must be filled In and completed in figures and words. Bidders must provide pricing for each alternate. If a bidder falls to provide pricing for all aftemates, the bid will be considered non -responsive. Below are guidelines for entering Alternate Bid Items: a. The contractor must provide a unit bid price for the regular bid item and the corresponding alternate bid item(s). b. The low -bid amount will be determined by the lowest sum total of the base bid items, excluding the alternate item. No consideration will be given to any of the Alternatives with respect to determining the low bidder. c. Upon initial selection, the City will coordinate with the low -bid Contractor to either select or not select the alternate bid item. Any unselected item, and the associated bid cost will be deleted from the contract and its overall value prior to final award. The City's selected bid items may not be the bid Hems which result in the lowest cost to the City. d. If any bid item is left blank, the bid will be considered non -responsive. It is understood that this contract shall be awarded based on the lowest responsive Bid as outlined above. It is further understood that after opening of bids, no adjustments to the TOTAL LUMP SUM BASE BID OR ALTERNATE ITEM(S) PRICE shall be allowed. Page C-5 IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By. Sig re Tree: Vice President/General Manager CONTRACTOR A Notary Public or other officer completing this certificate verifies only the identity of the Individual who signed the document, to which this certificcate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Subscribed and swom to (or a1A (month), proved to me on who appeared before me. Signature of Notary ore me on this day of by s of satisfactory evidence to be the person(s) Page C-B CALIFORNIA JURAT WITH AFRANT STATWffXT GOVERNMENT CODE § 8202 645ee Attached Document (Notary to cross out lines 1-6 below) U See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (f any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of MELISSA CtI MANS Cominhalm a tN03311 Notary PoNc - CalMornla Oranp County Comm. res Jun 26, 2016 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 46 day of �- 20.�� by Date Month Year (and (2) ly Or ), Names) of Signer(s) proved to me an the basis of satisfactory evidence to be the persons) who appeared before me. Signature A — 0j, A, Signature of Notary Public OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: O-L)Ie : CK Document Date: y -Z S-15 Number of Pages: S,p_ Signer(s) Other Than Named Above: N At 02014 National NotaryAssociation • www.N&UonWNotary.org • 14W-US NOTARY (1-800-876-6827) Item #5910 From: Pharis. Rvan To: Buck. Heather Subject: RE: Civic Center HVAC Replacement 2015 Bid Clarification Date: Friday, May 01, 2015 11:59:38 AM Attachments: imaoe003.ono Hi Heather, Sorry, I stepped out of my office for a minute. Please see below for clarification on the equipment that we propose to provide related to the model numbers given on Addendum #1 The model numbers given by Carrier were a typo showing model 48TCD when in fact the proposed equipment is model 48HCD as specified. The model number on Addendum #1 is a typo, which reads 48VLNB6090. The correct model, which we have proposed, is 48VLNB60090. All that there was missing was a zero which does not affect the unit specifications. This does not change our base bid cost at all. Please let me know if there is any other information I can provide for you. Thank you, Ryan Pharis Account Manager AMs America Inc., G.P. Anderson Air Conditioning L.P. 2100 E. Walnut Ave. Fullerton, CA 92831 714-888-6810 (Direct) 714-920-8429 (Cell) 714-888-2696 (Fax) 714-888-6800 (Office) rnharisPamsofusa.com - - - - ------------ ----- _. - - From: hbuck@cityofpalmdesert.org [mailto:hbuck@cityofpalmdesert.org] Sent: Friday, May 01, 2015 11:50 AM To: Pharis, Ryan Cc: Haynam, Mitchell Subject: Civic Center HVAC Replacement 2015 Bid Clarification Ryan, I left a message on your voicemail requesting written clarification of the typos on the model numbers on the bid form (units B-4, B-9, D-8). Please provide written clarification to me today of the correct model numbers and impact on bid price, if any. Thank you, Heather Buck LEED Accredited Professional, BD+C, O+M Project Coordinator Public Works City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel: 760.346.0611 x479 Fax: 760.341.7098