Loading...
HomeMy WebLinkAboutItem 14 - Authorization to release funds for the Fire Station No. 1 Air Compressor Project Department Name: Public Works Cost Center: 8502 For Agenda of: February 2, 2021 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Wyatt Banker-Hix, Engineer III SUBJECT: AUTHORIZATION TO RELEASE FUNDS FOR THE FIRE STATION 1 AIR COMPRESSOR PROJECT, SPECIFICATION NO. 1000045 RECOMMENDATION 1. Authorize implementation of the Fire Station 1 Air Compressor Project, Specification No. 10000045; and 2. Approve the Plans (Attachment A) and Specifications (Attachment B) for the Fire Station 1 Air Compressor Project, Specification No. 10000045; and 3. Authorize staff to advertise for bids for electrical work; 4. Approve a Sole Source Purchase with Bauer Compressors in the amount of $74,708.62 for purchase and installation of one air compressor (Attachment C); and 5. Adopt a resolution Authorizing a transfer of $10,000 in undesignated Capital Outlay funds to support the project. DISCUSSION Background As part of the FY 2020-21 Budget Supplement adopted by Council in June 2020, staff reviewed and re-prioritized all Capital Improvement Projects in response to decreasing revenue projections resulting from economic impacts of the Covid-19 pandemic. Each CIP project was assigned one of the following categories: 1. Proceed: Construct in in FY20/21 2. Proceed: Continue Planning/Design Only 3. Hold: Shovel Ready for Future Funding/Stimulus 4. Defer: No Further Action this Fiscal Year – Defund 5. Completed: Not Further Action this Fiscal Year - Defund Projects within the first three categories were not defunded and projects in the last two categories provided funding flexibility for the City to address the impacts of Covid-19 pandemic. Projects in “Shovel Ready” or “Hold” status represent projects that might be built with future stimulus funds, or as economic conditions improved, or as some emergent need for the project was identified and authorized by Council. Item 14 Packet Page 133 Following the above re-evaluation of Capital Project priorities in June 2020, the Fire Station 1 Air Compressor Replacement Project was moved to “Hold” status. The existing air compressor was functioning sufficiently at that time and with the Emergency Operations Center based in Fire Station 1 it made sense to limit any non-essential presence. Funding remained in the project account, but work was halted. Recent changes to the air compressor at Fire Station 1 necessitates the replacement or major repair of the equipment to preserve functionality. Project The Fire Station 1 Air Compressor Replacement project involves the replacement of a specialty air compressor used to fill oxygen tanks for first responders. The air compressor is 25 years old and the anticipated lifespan of this unit is 20 years. The air compressor is no longer efficient to use and requires frequent maintenance. Over the past six months, the condition of the air compressor has deteriorated requiring either significant maintenance in the next 90 days or total replacement. This equipment is essential for emergency response needs and since a replacement project is “Shovel Ready,” replacing this equipment represents the highest value to the City in lieu of repairing this compressor and replacing shortly thereafter. This air compressor is the only air compressor the City owns for emergency response needs. If the air compressor failed, the City would rely on allied agency support until replaced or repaired. The existing air compressor recommended for replacement is a Bauer Compressor and the replacement unit is recommended to be a Bauer Compressor as well. The Bauer Compressor is favored by the Fire Department due to quality of the air compressors, responsiveness of the company during the lifespan of the unit, as well as the air compressors being cost competitive. If the sole source purchase of a Bauer Compressor is approved by Council, Bauer Compressor would furnish the new air compressor, install, and train staff. Beyond the purchase of the air compressor, there is minor electrical work that must be completed. Bids for this work will be solicited and a contractor will complete that work during the manufacture and shipping of the replacement air compressor. This action will completion of the project prior to excess maintenance costs are incurred. Previous Council or Advisory Body Action June 2019, City Council approved the 2019-2021 Budget Supplement which included funding for this project. Policy Context The City’s Charter requires the City Council to appropriate an annual budget. By Council approval of 20/21 Budget Supplement on June 2, 2020, this project was placed on hold. Council approval of the recommended actions of this report are necessary to reverse the prior budget action and proceed with project advertisement and construction of the project. Section 3.24.060 of the City’s Municipal code allows sole source purchases when sai d purchase is reasonably necessary for the preservation or protection of public peace, health or safety. This equipment fulfills that criteria and the urgent need for replacement or major repair and replacement necessitates the expeditated project delivery method outlined above. Item 14 Packet Page 134 Public Engagement No public engagement was performed. This equipment is for staff use and located within City facilities. CONCURRENCE This Project has been reviewed and has concurrence from the Fire and Community Development departments. Finance has reviewed and approved of the sole source purchase per the attached justification memo. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review pursuant to section 15301 of the CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A Notice of Exemption will be filed through the Community Development Department. FISCAL IMPACT Budgeted: Yes Budget Year: 2019-21 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $23,800 $10,000 $13,800 - State - - - - Federal - - - - Fees - - - - Other: - - - - Total $ 23,800 $10,000 $13,800 - This proposed project was identified and funded in the 2019-21 Financial Plan budget but placed on “Hold” with the FY 2020-21 Budget Supplement. Funding remains in the project account but requires Council authorization to implement. The estimated project costs are $90,000 and the available funds currently allocated to this project is $80,000. Additional project funding of $10,000 is recommended to be transferred from recently completed projects (Undesignated Capital Outlay) to provide sufficient project funding. The Undesignated Capital Outlay account currently has a balance of $23,800 to support this request of $10,000. Item 14 Packet Page 135 Estimated Project Cost by Funding Sources Fire Station 1 Air Compressor Replacement Fire Station 1 Air Compressor Replacement (1000045)Total Air Compressor purchase, installation and start-up 74,709$ 74,709$ Minor electrical work 5,291$ 5,291$ Contingency 10,000$ 10,000$ Total Project Estimate 90,000$ 90,000$ Available Project Balance:80,000$ 80,000$ 401 Undesignated Capital 10,000$ 10,000$ Anticipated Remaining Balance After project:(0)$ (0)$ ALTERNATIVES Deny Authorization to proceed. The City Council may choose not to move this project into the “Active” category. Staff does not recommend this alternative as it will result in either unnecessary equipment repair or critical equipment failure or both. Attachments: a - Project Plans b - Project Specifications c - Sole Source Fire Dept Air Compressor d - Draft Resolution Item 14 Packet Page 136 SPECIFICATION NO.DATEofSHEETReference Documents:City Standard Specifications - 2020 EditionCity Engineering Standards - 2020 Edition1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR ORPERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OFNORTHERN CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48)HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OFPOWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUNDFACILITIES. CONTRACTOR OR PERMITTEE SHALL ALSOCONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OFCABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUNDFACILITIES.2. THE CONTRACTOR SHALL POSSESS A CLASS A OR C-10 LICENSEAT THE TIME OF BID OPENING.index to planssheet no.descriptiongeneral notes:san luis obispo county, californialegend:2DECEMBER 20201000045FIRE STATION #1 - AIRCOMPRESSOR REPLACEMENT11 COVER SHEET2 AIR COMPRESSOR ROOM PLANFILE NO./LOCATIONEEXISTING ELECTRICAL LINEELECTRICAL LINEEabbreviations:ExistEXISTINGEquivEQUIVALENTTypTYPICALg:\Projects\activeprojects\misc projects\1000045 air compressor - fire station 1\450 design working documents\454 CAD\454.2 drawings\Cover Sheet.dwgManuel Guzman, Construction Engineering Manager Approved Datefor Matthew Horn City EngineerCIVILNo. C 78236MANUEL GUZMAN ---Item 14Packet Page 137 of22CIVILNo. C 86141WYATT A BANKER-H IX 0SCALE IN FEET510PLANEXISTING AIR COMPRESSOR ROOMCITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONFIRE STATION 1 AIR COMPRESSORWBHWBHBNMHAS NOTEDDECEMBER 20201000045AIR COMPRESSOR ROOM PLANPLANPROPOSED AIR COMPRESSOR ROOMSECTIONEXISTING AIR COMPRESSOR ROOM---NoNNNNNNC 86141WWWWWWWWWWWWYYYYYYYYYYA-HHHHHHHHHH IIIIIIIIXXXXXXXXXXXItem 14Packet Page 138 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO Fire Station #1 Air Compressor Replacement Specification No. 1000045 Janurary 2021 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Item 14 Packet Page 139 Fire Station #1 Air Compressor Replacement Specification No. 1000045 Approval Date: December 2020 Item 14 Packet Page 140 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ................................................................................................................................ I BID DOCUMENTS ................................................................................................................................ I PROJECT INFORMATION................................................................................................................... II QUALIFICATIONS .............................................................................................................................. III AWARD .............................................................................................................................................. IV ACCOMMODATION ........................................................................................................................... IV BID FORMS .................................................................................................................... A BID ITEM LIST FOR FIRE STATION #1 AIR COMPRESSOR REPLACEMENT, SPECIFICATION NO. 1000045...............................................................................................................................................A LIST OF SUBCONTRACTORS ............................................................................................................B PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ........................................................... C PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE....................................................... C PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .............................................................. C LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................ C BIDDER ACKNOWLEDGEMENTS ......................................................................................................E SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ................................................................................................... 1 1 GENERAL ..................................................................................................................................... 1 2 BIDDING ....................................................................................................................................... 1 3 CONTRACT AWARD AND EXECUTION ....................................................................................... 1 4 SCOPE OF WORK ........................................................................................................................ 2 5 CONTROL OF WORK ................................................................................................................... 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ..................................................... 2 8 PROSECUTION AND PROGRESS ............................................................................................... 3 15 EXISTING FACILITIES ................................................................................................................ 3 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 Item 14 Packet Page 141 NOTICE TO BIDDERS i NOTICE TO BIDDERS BID SUBMISSION Bids will be sent via e-mail to Project Manager Wyatt Banker -Hix - wbanker@slocity.org until 5:00 p.m. on February 11, 2021 Fire Station #1 Air Compressor Replacement , Specification No. 1000045 Any bid received after the time and date specified will not be considered By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and su bmitted with all other Bid Forms included in these Special Provisions. The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid. All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals Item 14 Packet Page 142 NOTICE TO BIDDERS NOTICE TO BIDDERS ii Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Project Managers will notify you of all addenda prior to the bid due date. You are responsible to contact the project manager to confirm that no addenda has been issued up to 72 hours prior to the bid due time. Contact the project manager, Wyatt Banker-Hix at 1-805-783-7859 or wbanker@slocity.org prior to bid opening to verify the number of addenda issued. You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals. PROJECT INFORMATION In general, the project entails the removal of an existing air compressor and the relocation of equipment and an electrical conduit attached to the equipment room walls. Next, the installation of a new air compressor, as well as the equipment set up and staff training required for smooth operation. The project estimated construction cost is $5,000 Contract time is established as 3 working days. The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. There will be a mandatory walkthrough for contractors on February 4 2020 at 10am to be held at Fire Station #1, 2160 Santa Barbara Ave, San Luis Obispo. Item 14 Packet Page 143 NOTICE TO BIDDERS NOTICE TO BIDDERS iii QUALIFICATIONS You must possess a valid Class A or C-10 Contractor's License at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. The City reserves the right to reject a responsive bid based on the non -responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the 1. knowledge 2. experience, 3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. Item 14 Packet Page 144 NOTICE TO BIDDERS NOTICE TO BIDDERS iv The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code. Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the BID TOTAL. ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation. Item 14 Packet Page 145 BID FORMS A BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms is cause to reject the bid as nonresponsive. THE UNDERSIGNED, agrees that they have carefully examined: 1. the location of the proposed work 2. the plans and specifications 3. read the accompanying instructions to bidders and propose to furnish all: 4. materials 5. labor to complete all the required work satisfactorily in compliance with 6. plans 7. specifications 8. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR FIRE STATION #1 AIR COMPRESSOR REPLACEMENT, SPECIFICATION NO. 1000045 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 15 Relocate electrical switch and conduit LS 1 Bid Total $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Item 14 Packet Page 146 BID FORMS BID FORMS B LIST OF SUBCONTRACTORS Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications. For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed. NOTE: If there are no subcontractors, write “NONE” and submit with bid. Name Under Which Subcontractor is Licensed License Number DIR Public Works Registration Number Address and Phone Number of Office, Mill or Shop Specific Description of Subcontract % of Total Base Bid Attach additional sheets as needed. Item 14 Packet Page 147 BID FORMS BID FORMS C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding up on, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of t he California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board. LABOR CODE SECTION 1725.5 STATEMENTS The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determin ation that is Item 14 Packet Page 148 BID FORMS BID FORMS D under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. Yes No The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes No NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Item 14 Packet Page 149 BID FORMS BID FORMS E BIDDER ACKNOWLEDGEMENTS By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo. Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date . The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City. Signature of Bidder (Print Name and Title of Bidder) DIR– Public Works Registration No: Business Name (DBA): Owner/Legal Name: Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers: Name Title Name Title Name Title Business Address Street Address Mailing Address City, State, Zip Code Phone Number Fax Number Email Address Item 14 Packet Page 150 BID FORMS BID FORMS F Date Item 14 Packet Page 151 SPECIAL PROVISIONS 1 SPECIAL PROVISIONS ORGANIZATION Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. DIVISION I GENERAL PROVISIONS 1 GENERAL Add to Section 1-1.01 GENERAL: The work must be done in compliance with the City of San Luis Obispo, Department of Public Works: 1. Fire Station #1 Air Compressor Replacement Special Provisions 2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition In case of conflict between documents, governing ranking must comply with section 5 - 1.02 of the City of San Luis Obispo’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 5 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance 2 BIDDING Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General with: Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder. 3 CONTRACT AWARD AND EXECUTION Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:(For Projects requiring a Building Permit) 3-1.18B Building Permit Item 14 Packet Page 152 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 The contractor must obtain a no-fee building permit from the Community Development Department. All requirements of the building permit shall be applied to the project. 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 5, 7, 8, 15 and 77 for general, material, construction, and payment specifics. 5 CONTROL OF WORK Replace the 2nd paragraph in Section 5-1.01 with: Normal hours of work fall between 8:30 A.M. and 4:00 P.M. Monday through Friday excluding City holidays. Obtain approval from the Engineer and Community Development Department for any work not within normal work hours. Replace Section 5-1.32 AREAS FOR USE with: The Contractor will be limited to two vehicles on the jobsites at a time unless otherwise approved by the Fire Department. The Contractor will keep the construction staging area and work area outside the path of travel for emergency response personnel at all times. The Contractor will coordinate all stages of work that affect the areas for use with t he Fire Department. Add to Section 5-1.36A PROPERTY AND FACILITIES PRESERVATION, GENERAL: Work impacting emergency response vehicles shall be coordinated with the Fire Department. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Replace last paragraph in Section 7-1.02K(3) LAWS, Labor Code – Certified Payroll Records (labor code 1776) with: Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed. Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: Item 14 Packet Page 153 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. 15 EXISTING FACILITIES Add to Section 15-1.03A CONSTRUCTION, General: You will not be allowed to use the Fire Station toilet facilities. Durin g Construction, you must make arrangements and provide for adequate toilet facilities at the work site. You must secure and maintain the sanitary facilities in acceptable conditions from the beginning of work until completion and remove the facilities and disinfect the premises. Item 14 Packet Page 154 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NAME OF PROJECT, SPEC NO. in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. Item 14 Packet Page 155 APPENDIX APPENDIX 1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. List of Subcontractors 6. Public Contract Code Sections 10285.1 Statement 7. Public Contract Code Section 10162 Questionnaire 8. Public Contract Code Section 10232 Statement 9. Labor Code Section 1725.5 Statements 10. Bidder Acknowledgements 11. Agreement 12. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of Item 14 Packet Page 156 APPENDIX APPENDIX 2 the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. 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 of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO A Municipal Corporation __________________________________ Matt Horn, Director of Public Works APPROVED AS TO FORM CONTRACTOR: Name of Company ________________________________ By:________________________________ J. Christine Dietrick City Attorney Name of CAO/President Its: CAO/PRESIDENT (2nd signature required if Corporation): By:________________________________ Name of Corporate Officer Its: ____________________ Item 14 Packet Page 157 City of San Luis Obispo Sole Source Justification Form Bauer Compressors It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or services for specified dollar amounts and to select vendors on a competitive basis (See City of San Luis Obispo Financial Management Manual, Section 201, Exhibit 201-B). Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products or services may only be obtained from a single source may be purchased without engaging in bidding procedures. Such Sole Source acquisitions must be justified in sufficient detail to explain the basis for suspending the usual competitive procurement process and approved by the approving authority before such a purchase is made. 1. What product or service is being requested? Why is it necessary? Bauer Unicus 4 air compressor, used for filling personal oxygen tanks. Needed to ensure First Responders have access to supplemental oxygen during emergency situations. Only one air compressor capable of performing this in the City. 2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If yes, what is unique about the product/services? No, there are other brands that offer similar services. Bauer offers a familiar operations and maintenance services. 3. Is the product or service proprietary, or is it available from various dealers? Have you verified this? Specialty air compressors are not proprietary. 4. Have other products/vendors been considered? If yes, which ? And how did they fail to meet the City’s requirements? Other Vendors were considered during project iniation, but the Fire Department preferred Bauer Compressors due to their familiarity and positive interactions with maintenance staff. Other vendors were not responsive to Fire Department requests during project initiation. 5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide? If so, will purchase of this product avoid “switching” costs as opposed to purchasing another product or service (e.g., additional training required; data conversion; implementation of a new system; etc.)? Only air compressor of it’s kind in the City, but would avoid switching costs. 6. Is this a request for services by a contractor with necessary, unique, and critical knowledge of established City systems or programs? If so, will the use of the contractor’s services avoid other costs (e.g., significant staff time in compiling information, data transfers, etc.)? Yes, Bauer maintains the older compressor currently in use. They have proven responsive during maintenance and project initiation. Staying with Bauer will maintain operational and maintenance knowledge. Item 14 Packet Page 158 7. What is the quoted price for the product or services, and is it reasonable (based on other products or services in the same field or based on historical pricing for the City for similar products or services)? Quoted price to furnish, install and start-up is $74,708.62. This was reasonable based on other quotes during project initiation. __________________________________ Requester __________________________________ ________________ Dan Clancy, Purchasing Analyst Date Item 14 Packet Page 159 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING USE OF GENERAL FUND UNASSIGNED WORKING CAPITAL TO SUPPORT THE FIRE STATION 1 AIR COMPRESSOR REPLACEMENT PROJECT, SPECIFICATION NO. 1000045 WHEREAS, in June of 2019, the City Council approved 2019-21 Financial Plan – Capital Improvement Program, which identified the Fire Station 1 Air Compressor Replaced as a Capital project with a budget of $80,000; and WHEREAS, to provide funding to support the air compressor replacement for the Project, staff is recommending the City Council approve use of $10,000 from General Fund, Unassigned Working Capital; and WHEREAS, a balance of approximately $23,800 is available from General Fund, Unassigned Working Capital to fund the Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Item 14 Packet Page 160 Resolution No. _____ (2021 Series) Page 2 R ______ SECTION 1. The City Council authorizes staff to transfer $10,000 from the General Fund, Unassigned Working Capital to the Fire Station 1 Air Compressor Replacement, Specification No. 1000045, to support the replacement of essential Fire Department equipment. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________________. ____________________________________ Teresa Purrington City Clerk Item 14 Packet Page 161 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 14 Packet Page 162