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HomeMy WebLinkAboutAgenda Report - November 2, 2016 C-04TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM c..4 Adopt Resolution Rejecting Low -Bid as Non -Responsive and Awarding Contract for Compressed Natural Gas Fueling Station Improvements to TNT Industrial Contractors, Inc., of Sacramento ($232,999) November 2, 2016 Public Works Director RECOMMENDED ACTION Adopt resolution rejecting low -bid as non-responsive and awarding contract for Compressed Natural Gas Fueling Station Improvements to TNT Industrial Contractors, Inc., of Sacramento, in the amount of $232,999. BACKGROUND INFORMATION: This project consists of replacing failed components and various improvements and upgrades to the Compressed Natural Gas (CNG) fueling station that was originally constructed in 2002. The improvements include upgrading or replacing the compressor control panel for lead lag operation and remote monitoring of the two compressors, installation of a second natural gas dryer, replacing the dispenser on the Fuel Island, and repairs necessary to bring the slow fill system back in operation. The City's CNG fueling station, located at the Municipal Service Center, supplies compressed natural gas for the City's fleet of 24 Transit buses and various other City natural gas powered vehicles. This system is subjected to heavy-duty use on a daily basis. The proposed improvements will improve reliability and safety of the CNG fueling station. Plans and specifications for this project were approved on August 3, 2016. The City received the following four bids for this project on October 12, 2016. Bidder Engineer's Estimate Fastech TNT Industrial Contractors, Inc. Performance Mechanics, Inc. EFS West * = corrected figures Location Buena Park Sacramento Sacramento Valencia Bid $ 219,000.00 $ 214,324.00* $ 232,999.00 $ 286,071.00* $ 289,025.00* Staff reviewed all bids submitted. The low bid submitted by Fastech was determined to be non- responsive since the contractor's listed subcontractor (Malak Automation) was not registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5, prior to submitting the bid. In addition, Fastech did not submit the Local Hire Information Form and Checklist with the bid as required. For these reasons, staff recommends awarding the contract for CNG Fueling Station Improvement project to TNT Industrial Contractors, Inc., of Sacramento, in the amount of $$232,999.00. APPROVED: Step en Schwab: uer, ity Manager K:\WP\PROJECTS\TRANSIT\CNGSTATION\MSC CNG Improvements 2016\CAward CNG Upgrade.doc 10/19/16 Adopt Resolution Rejecting Low -Bid as Non -Responsive and Awarding Contract for Compressed Natural Gas Fueling Station Improvements to TNT Industrial Contractors, Inc., of Sacramento ($232,999) November 2, 2016 Page 2 FISCAL IMPACT: There will be a decrease in annual maintenance costs associated with these upgrades. FUNDING AVAILABLE: This project will be funded by Transportation Development Act (TDA) program funds (60199000) and was included in the Fiscal Year 2016/17 transit capital budget. Jordan Ayers 1 Deputy City Manager/Internal Services Director ckQ' Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/tdb Attachment cc: Transportation Manager/Sr TE Public Works Management Analyst Fleet Services Supervisor City Attorney TNT Industrial Contractors, Inc. K:\WP\PROJECTS\TRANSIT\CNGSTATION\MSC CNG Improvements 2016\CAward CNG Upgrade.doc 10/19/16 CNG FUELING STATION IMPROVEMENTS 1331 S Ham Lane CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and TNT INDUSTRIAL CONTRACTORS, INC., herein referred to as the "Contractor." WITNESSETH That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders General Provisions Special Provisions Bid Proposal Contract Contract Bonds Plans The July 1992 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement, Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT doc 4.1 10/18/16 ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: Perform the work necessary to replace light duty CNG dispenser, furnish and install new semi-automatic regenerative gas dryers, furnish and install storage vessel relief valves, remove and replace compressor controller, and other incidental and related work, all as shown on the plans and specifications for "CNG Fueling Station Improvements". CONTRACT ITEMS Item 1 2 Description Remove existing CNG transit dispenser and associated piping back to existing light duty CNG dispenser approximately 10 - ft away. Remove and replace existing light duty dispenser with new. 3 4 5 Units Unit Quantity Price LS Total Price 1 $4,984.00 LS 1 $4,984.00 $70,365.00 Furnish and install new semi-automatic regenerative gas dryer to match existing. LS 1 $70,365.00 $44,905.00 $44,905.00 Furnish set of three (3) storage vessel relief valves to match existing. Remove existing compressor and storage vessel relief valves, have rebuilt and retested by a qualified third party and LS LS 1 1 $8,303.00 $8,303.00 $22,946.00 $22,946.00 CONTRACT.doc 4.2 10/18/16 6 reinstall (relief valves furnished above will allow for half the existing storage vessel relief valves to be sent out for retesting at a time). Remove and replace existing Comp 04-501 compressor controller (PLC Controller) with new. Interface with existing Comp 1 compressor controller to provide for lead -lag control of the two compressors. Upgrade systems to allow for web -based access. LS 1 $47,231.00 $47,231.00 7 Total Remove and replace three (3) existing timefill hose assemblies. Recommission and test existing timefill system to allow it to be placed back in service. LS 1 $34,265.00 $34,265.00 $232,999.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the 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. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15 calendar days after the City Manager has executed the contract and to diligently prosecute to completion within 150 CALENDAR DAYS. ARTICLE IX - State of California Senate Bill 854 requires the following • No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. CONTRACT doc 4.3 10/18/16 • No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725,5. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACT.doc 4.4 10/18/16 WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR CITY OF LODI, a municipal corporation By: STEPHEN SCHWABAUER City Manager By Date: Attest: Title JENNIFER M. FERRAIOLO City Clerk (CORPORATE SEAL) Approved As To Form CONTRACT doc JANICE D. MAGDICH City Attorney 4.5 10/18/16 RESOLUTION NO. 2016-193 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING LOW BID AS NON-RESPONSIVE AND AWARDING CONTRACT FOR COMPRESSED NATURAL GAS FUELING STATION IMPROVEMENTS PROJECT TO TNT INDUSTRIAL CONTRACTORS, INC., OF SACRAMENTO WHEREAS, this project consists of replacing failed components and various improvements including upgrading or replacing the compressor control panel for lead lag operation and remote monitoring of the two compressors, installation of a second natural gas dryer, replacing the dispenser on the Fuel Island, and repairs necessary to bring the slow fill system back in operation; and WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on October 12, 2016, at 11:00 a.m., for the Compressed Natural Gas Fueling Station Improvements Project described in the plans and specifications therefore approved by the City Council on August 3, 2016; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Bid Fastech $214,324* TNT Industrial Contractors, Inc. $232,999 Performance Mechanics, Inc. $286,071* EFS West $289,025* *Corrected Figure WHEREAS, the low bid submitted by Fastech was determined to be non-responsive since the contractor's listed subcontractor (Malak Automation) was not registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5, prior to submitting the bid. In addition, the contractor did not submit the Local Hire Information Form and Checklist with the bid as required; and WHEREAS, staff recommends rejecting the low bid as non-responsive and awarding the contract for the Compressed Natural Gas Fueling Station Improvements Project to TNT Industrial Contractors, Inc., of Sacramento, in the amount of $232,999. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the low bid as non-responsive and award the contract for the Compressed Natural Gas Fueling Station Improvements Project to TNT Industrial Contractors, Inc., of Sacramento, California, in the amount of $232,999; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract on behalf of the City of Lodi. Dated: November 2, 2016 I hereby certify that Resolution No. 2016-193 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 2, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — No NNIFE'G . FERRAIOLO City Clerk 2016-193