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HomeMy WebLinkAboutAgenda Report - December 21, 2022 C-06a CITY OF Zo t CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM C440 AGENDA TITLE: Adopt Resolution Rejecting Lowest Non -Responsive Proposal, Authorizing City Manager to Execute Professional Services Agreement with B&M Builder Inc. of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase 1 ($248,375) and Authorizing City Manager to Execute Amendments to the Agreement Not -To -Exceed $50,000 MEETING DATE: PREPARED BY December 21, 2022 Public Works Director RECOMMENDED ACTION: Adopt resolution rejecting lowest non-responsive proposal, authorizing City Manager to execute Professional Services Agreement with B&M Builders Inc. of Rancho Cordova for Lodi Police Station HVAC Replacement Project Phase 1 ($248,375.00), and authorizing City Manager to execute amendments to the agreement not -to -exceed $50,000. BACKGROUND INFORMATION: The Lodi Police Station is located at 215 W. Elm Street and was constructed in 2003. The building has 3 main roof mounted HVAC units to maintain the interior air temperature. Unit No. 1 is a 25 -ton unit, Unit No. 2 is a 55 -ton unit and Unit No. 3 is a 75 -ton unit. The AC Unit No. 2 has reach the end of its service life and exhibited multiple failures in the last year. The other units will be replaced at a later date. Staff prepared a request for proposals for the replacement of Unit No. 2. The City received 5 proposals on November 17, 2022: Proposer Mesa Energy System Inc.* B&M Builders Inc. A&B Mechanical Inc. SH Mechanical Inc. ICR Refrigeration Inc.* Location Total Bid Sacramento $246,075.00 Rancho Cordova $248,375.00 Livermore $284,111.00 Suisun City $298,900.00 Lodi $408,765.00 * Proposer did not submit complete Addendum Acknowledgement with the proposal and the proposal is deemed non-responsive. The lowest proposer (Mesa Energy System, Inc.) did not include Acknowledgement of Addendum No. 2 in their proposal; therefore staff has deemed the proposal non-responsive and recommends It be rejected by Council. The proposal from the 2nd lowest proposer, B&M Builders Inc., is deemed responsive by staff and includes the removal of the existing AC unit, install a Trane AC unit, startup and training, and other miscellaneous and related items of work. The estimate project duration including equipment procurement is 210 days. APPROVED: l Stephen Schwabauer, City Manager \\cvcfllv02\pubwks$\WP\PROJECTS\MISC\Pollce Bullding\HVAC Replacement\Phase I\CC_ PSA.docx 12/5/2022 Staff recommends Council reject the lowest non-responsive proposal, authorize City Manager to execute a Professional Services Agreement with B&M Builders Inc. of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I and authorize City Manager to execute amendments to the agreement not -to - exceed $50,000. FISCAL IMPACT: This project will reduce the frequent and costly repair of the AC system. FUNDING AVAILABLE: FY 2021/2022 CIP Budget General Fund Capital (43199000.77020) $500,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director I7r_Q Charles E. Swimley, Jr. Public Works Director CES/LC/cd cc: Public Works Management Analyst Police Chief Facilities Superintendent B&M Builders Inc. Signature: Q/rAnew XwI Email: akeys@lodi.gov AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 20 by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and B&M BUILDERS, INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Lodi Police Station HVAC Replacement Project Phase I (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on December 22, 2022 and terminates upon the completion of the Scope of Services or on August 31, 2023, whichever occurs first. KJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Prevailing Wage 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. Section 3.3 Contractor Registration —Labor Code _1$ 725.5 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) 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. Section 3.4 Contract Bonds CONTRACTOR shall furnish two good and sufficient bonds: 1. A faithful performance bond in the amount of one hundred percent (100%) of the contract price; and 2. A labor and materials bond in the amount of one hundred percent (100%) of the contract price. These bonds will be required at the time the signed contract is returned to the City. Section 3.5 (AB 626) Public Contract Code Section 9204 — Public Works Project Contract Dispute Resolution Procedure Section 9204 of the California Public Contract Code (the "Code") provides a claim resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated by this reference, and summarized in the following: Definitions: 3 "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (B) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City. "Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, as set forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that is denied by reason of such 4 failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in writing, on their behalf or the behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim. Within 45 days of receipt of such written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, if the original contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. The Claim resolution procedures and timelines set forth in the Code are in addition to any other change order, claim, and dispute resolution procedures and requirements set forth in the City contract documents, to the extent that they are not in conflict with the timeframes and procedures the Code. Section 3.6 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.7 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.8 Auditinci CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations 6 required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assiqns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Lyman Chang To CONTRACTOR: B&M Builders, Inc. 11330 Sunrise Park Dr., Ste C Rancho Cordova, CA 95742 Attn: Patrick Mullen Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. 7 Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 8 Section 4.14 City Business License Re uirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severabil�C The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authori The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. 9 Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney am MIQ CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager B&M BUILDERS, INC. a California corporation Bv: Name: PATRICK MULLEN Title: President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 43199000.77020 (Business Unit & Account No.) Doc ID:file://A\cvcfilv02\pubwks$\WP\PROJECTS\PSA's\2022\B&MBuilders\PSADIRBondAB626Term .doc CA: Rev.02.2017 10 Exhibit A/B Lodi Police Station HVAC Replacement Project Phase I Proposal Form Sealed proposal must be received by Public Works Department before 5:00 pm November 17, 2022 - Pricing proposal shall be the not to Exceed fee to be charged for the proposed services, hardware and software, labor, freight, permits, overhead, and taxes. • Proposal must be signed. Description Removal of existing HVAC unit; Furnish and install a brand-new HVAC (VFD) unit per the RFP; Startup_and Training; Site Cleanup HVAC Information including manufacturer and model number and other unique features. Attach Product literature to the proposal. Warranty Period Estimated Project Completion time including equipment procurement and installation Lump Sum $ 24 D. 315. °_ Workmanship 11 Months HVAC Unit l Months Other Installed Equipment N I Ot Months 21 Days Per Senate Bill 854, contractors and listed subcontractors must be registered with the Department of Industrial Relations (DIR) prior to submitting bids to any public work contracts. Failure to comply will make bids non-responsive. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code Section 1725.5. The following information is furnished relative to each subcontractor who will perform work or labor or render services to the undersigned in and about the construction of the project in an amount in excess of one-half of one percent of the total amount of this bid or, on a street, highway or bridge project, work in excess of one-half of one percent or $10,000, whichever is greater. The undersigned agrees that any portions of the work in excess of the specified amounts shown above and for which no subcontractor is designated herein, will be performed by the undersigned. LISTED SUBCONTRACTORS (All Fields Required) Subcontractor's Name: License Number: Description of Work: LAA hv(w MM Com -mks Address: 2630 V,&wren Pr. DIR Registration Number: goc4mo CA g5b11 #4 %coco456e1 Subcontractor's Name: Address: Subcontractor's Name: Address: REFERENCES License Number: DIR Registration Number: License Number: DIR Reciistration Number: Description of Work: Description of Work: All proposers must provide with proposal at least three (3) commercial references for work performed by your firm within the last three years if you have not recently provided HVAC service or installation work for the City of Lodi. Company Name: Contact Person: Email Address: Telephone Number: Type of Business: Date of Installation: Contract Value: Company Name: Contact Person: Email Address: Telephone Number: Type of Business: Date of Installation: Contract Value: gale Gon-,SAiVck�en_ • r .r�11l1 • ry i •� t ' ti s■ • r ■ Company Name: Sdym- Vr,ioy► tr .S. D%S-ruck' Contact Person: am c Email Address: maw. . Gam Telephone Number: Type of Business: SCbOIDI M m -t Date of Installation: 9 Jb 1 zo7-2 Contract Value: ��z, 000. av The City may contact some or all of the references provided in order to determine the Proposers' performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process. The Undersigned is licensed in accordance with the laws of the State of California: License No. Otct$45 Classification h,e), G8, CW, C-%2-,) Com, CMI C1311 GS'} License Expiration Date '1 131 7.67 Federal Contractor/Employer I.D. No. oc)000All-1 Pves %cle "Jc Title v rdr� rat�urz TYPE OF ORGANIZATION Individual, Partnership or Corporation 1L3hD Suriv isG Play k- Dr. SkcC, 9AMUo Curdava, CA as 7►Vz Address (A t ka ) lv 3 Sb - -b L, mp _ Telephone Dated: fyoy l-l'Vh 20 22. (Affix corporate seal if Corporation) Hwmc.02, bm-bv��tdexs•c Email Address CITY OF LODI PUBLIC WORKS DEPARTMENT RECEIPT OF ADDENDUM 1 PROJECT: LODI POLICE STATION HVAC REPLACEMENT PROJECT PHASE 1 Received from the City of Lodi ADDENDUM NO. 1 to the specifications for the above referenced project. Date: l� NOTE: This acknowledgment must be submitted with the Bid Proposal. Addendum i Rcpt.doc 10/26/2022 CITY OF LODI PUBLIC WORKS DEPARTMENT RECEIPT OF ADDENDUM 2 PROJECT: LODI POLICE STATION HVAC REPLACEMENT PROJECT PHASE 1 Received from the City of Lodi ADDENDUM NO. 2 to the specifications for the above referenced project. Date: \X i VI 17 -0 -2 -2 - NOTE: This acknowledgment must be submitted with the Bid Proposal_ Addendum2Rcpt.doc 1114!2022 .los fJaur 1odi Yc'c e!. IPi;lt tlnl Tag AC -2 !?u: Lura n_nf Unit Function Tonnage Cooling / Hot Water 55 Ton Air Cooled Heat Height 87.000 in Panel Agency Approval ER @ AHRI moi' IEER @ AHRI 10.2 EER 14.6 EER Dimensions Width Overall length 93.500 In 394.500 in IRU w Galvanized DP/Access Doors II Approval Overview V olta ge lPh a s e/Fre q ue ncy SCCR Rating Condenser Condenser Fan 1 FLA Condenser Fan 2 FLA Condenser Fan 3 FLA Condenser Fan 4 FLA Supply/Relief Supply Fan 1 FLA Relief Fan 1 FLA Other FLA Compressor Count Compressor Stages Condenser Call Face Area Condenser Call Rows Function Heat Type & Capacity at Capacity @ System Power Elevation AHRI 471.01 MBh 8120 kW 0.00 ft Footprint Length 0.000 In instWW Weight 8911.4 lb 460/60/3 Compressor 1 RLA 5000.00 A Compressor 2 RLA 116.00 sq ft Compremsor 3 RLA 2.70 A Compressor 4 RLA 2.70 A v Circuit 1 2.70 A MCA 2.70 A MOP DSS 22.50 A 6.00 A 4.50 A 4.00 Number Refrigerant Charge Circuit 1 4.00 Number Refrigerant Charge Clrcult 2 116.00 sq ft Design Ambient Temperature 1.00 Number Condenser Fan Count Condenser Fan VFa Count Condenser Fan Size Condenser Fan HP leach] Coding / Hot Water Heat Low Heat .75" Valve Output Heating Capacity (MBh) o u)t Heating Capacity with Fan Heating _EAT Heating LAT Heating Delts T 20.10 A 20.10 A 22.30 A 22.30 A 135.00 A 150.00 A 150.00 A 36.0 lb -- 35.0 Ib 115.00 F 4.00 Number 0.00 Number 30.000 in 1.500 hp 401.36 MBh 448.79 MBh 70.00 F 95.61 F 25.61 F 2022!11!14 14:37:46 Page 1 of 12 Jo:; r•I❑rM: l.c .e 27 -evn, nr IP:•K Urvt Tag AC -2 TAME �. P,:p;: d Fc• Qu Ilkt y I Cooling Coil (DX) Section Type Cu -AI Cooling Performance Rows 4.00 Number Leaving Coll Ory Bulb 50.09 F Face Area 38.00 sq ft Leaving Coll Wet Bulb 49.59 F Supply Fan Gross Total Capaclty 518.43 MBh 2.00 Number Inputs ; Gross Sensible Capacity 504.60 MBh Design Airflow 14450 cfm Gross Latent Capacity 13.83 MBh Entering Dry Bulb 82.30 F Net Total Capacity 471.01 MBh Entering Wet Bulb 62.60 F Net Sensible Capacity 457.17 MBh 0-100% Economizer Net Sensible Heat Ratio 97.06% Supply Fan 20 HP FC Supply Fan Count 2.00 Number Supply Motor Count 1.00 Number VFD Count 1.00 Number Shaft Grounding Ring Standard - Pre-Evap Coll Qua ntitylS ize -#1 3-12x24x19 Qua ntitylSize -92 3-12x24x2 Face Area (sq ft.) 42.00 sq ft Face Velocity (ft/min) 344 ft/min .- Outside Air & Relief Sections Supply Fan Motor Heat 14 Outside Air Section Outside Outside Air Control 0-100% Economizer Economizer Options Damper -Type Ambient Control AmbientCool Fresh Air Control Fresh -Air -Selection Supply Duct 1.500 in H2O Return Duct 1.000 in H2O Total Static Pressure 3.919 in H2O Pertormance 100% Exhaust - 5 HP w/Statitrac Design Airflow 14450 cfm Supply Duct Static Pressure 1.500 in H2O Total Static Pressure 3.919 in H2O Total Supply BHP 17.09 bhp Supply Fan Efficiency Grade 0.00 Number Supply Fan Motor Heat 14 47.43 MBh Relief Section Fan Motor 100% Exhaust - 5 HP w/Statitrac Return Duct Static Pressure 1.000 in H2O Operating Speed 636 rpm RelleffReturn Airflow 11220 cfm RelleflRetum Break Horsepower 3.61 bhp Reliefliketum Fan RPM 636 rpm Relief/Retum 100% Exhaust - 5 HP w/Statilrac Rellef/Retum Fan Drive RPM 600 RPM 202211/14 14:37:46 Page 2 of 12 63 125 250 500 1K 2K 4K SK Ducted Discharge (Supply) 94 dB 82 dB 81 dB 79 dB 73 dB 70 dB 64 dB 57 dB Ducted Inlet (Return) 84 dB 78 dB 72 dB 70 dB 66 dB 63 dB 60 dB 61 dB Outdoor Noise 105 dB 101 dB 96 dB 93 dB 90 dB 87 dB 83 dB 76 dB Supply/Return Duct Prediction data conform to ARI 260 Outdoor Noise prediction conforms to ARI 370. 202211/14 14:37:46 Page 2 of 12 JonNang. I_cdi �ohce Depailirr_nl IPP.I<. DwiagA, a� Rcplem enl P,cperea For Guano}• Installed Point Load X1 Location 0.33 It Installed Point Load X2 Location 8.42 It Installed Point Load X3 Location 15.58 ft Installed Point Load X4 Location 22.83 It Installed Point Load X5 Location 30.83 ft Controls Unit Tag AC -2 Rapid Restart Non Rapid Restart :Address 0.00 Number Expansion Module Exapnsion_module Baud Rate _. 76800 BASINet Module Trane BACnet Communication AHRI Certification Packaged Rooftop units cooling, heating capacities and efficiencies are rated within the scope of the Air -Conditioning, Heating & Refrigeration institute [AHRI} Certiricatiion Program and display the AHRI Certiffed(O mark as a visual confirmation of conformance to the certification sections of AH R1 Standard 340-360 (I -P) and ANSIZ21.47 and 10 CFR Part 431 pertaining to Commercial Warm Air Furnaces. Certified units may be found in the AHRI directory at www.ahridirectory.org 202211111414.37.'46 Page 3 of 12 EXHIBIT C NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Construction Contracts Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Nan -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. Page 1 I of 2 pages Risk: rev. 3/1/2018 (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Cly If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Builder's Risk (Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. (1) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages 1 Risk: rev. 3/1/2018 RESOLUTION NO. 2022-313 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING LOWEST PROPOSAL AS NON-RESPONSIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH B&M BUILDERS, INC., OF RANCHO CORDOVA, FOR LODI POLICE STATION HVAC REPLACEMENT PROJECT PHASE I; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AGREEMENT WHEREAS, the Lodi Police Station is located at 215 West Elm Street and was constructed in 2003 and has three main roof -mounted HVAC units to maintain the interior air temperature. Unit No. 1 is a 25 -ton unit, Unit No. 2 is a 55 -ton unit and Unit No. 3 is a 75 -ton unit; and WHEREAS, Unit No. 2 has reach the end of its service life and exhibited multiple failures in the last year; and WHEREAS, staff prepared a request for proposals for the replacement of Unit No. 2 and received five proposals on November 17, 2022: Proposer Location Total Bid Mesa Energy System, Inc.* Sacramento $246,075 B&M Builders, Inc. Rancho Cordova $248,375 A&B Mechanical, Inc. Livermore $284,111 SH Mechanical, Inc. Suisun City $298,900 ICR Refrigeration, Inc.* Lodi $408,765 * Proposer did not submit complete Addendum Acknowledgement with the proposal and the proposal is deemed non-responsive. WHEREAS, staff recommends Council reject the lowest proposal as non-responsive, authorize the City Manager to execute a Professional Services Agreement with B&M Builders, Inc., of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I, and authorize the City Manager to execute amendments to the agreement in an amount not to exceed $50,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the lowest proposal as non-responsive; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with B&M Builders, Inc., of Rancho Cordova, California, for Lodi Police Station HVAC Replacement Project Phase I, in the amount of 248,375; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute amendments to the agreement in an amount not to exceed $50,000; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: December 21, 2022 I hereby certify that Resolution No. 2022-313 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 21, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk Ni10*Z95[i?