AGENDA REPORT
Meeting Date: March 21, 2023
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO ACCO ENGINEERED SYSTEMS, INC. DBA ACCO ENGINEERED SYSTEMS, FOR THE FIRE
STATION HEADQUARTERS HOT WATER SYSTEM UPGRADE
PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE
NOT-TO-EXCEED AMOUNT OF $281,398; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH
RESPECT TO DESIGN CRITERIA
Attachment: 1. Contract
RECOMMENDATION
Staff recommends that City Council move to:
1. Approve the award of a contract to the lowest responsible bidder, ACCO Engineered Systems, Inc. dba ACCO Engineered Systems (ACCO Engineered Systems), for the hot water system upgrade at Fire Station Headquarters in the amount of $255,817; and
2. Approve a construction contingency in the amount of $25,581 (10%); and
3. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and
4. Approve a purchase order in the not-to-exceed amount of $281,398.
E-11
Meeting Date: March 21, 2023
INTRODUCTION
Beverly Hills Fire Station Headquarters was originally constructed in 1990. As part of ongoing maintenance of the facility, a need has been identified to replace major components of the building’s domestic hot water supply and upgrade the system by adding a return piping loop to reduce water usage by delivering instantaneous hot water to showers and bathrooms. This upgrade will support an energy efficient, reduced maintenance and reliable water heating system.
DISCUSSION
Currently, the domestic hot water system at Fire Station No. 1 is produced by a single gasfired water heater and is distributed throughout the building with a supply-only configuration with no return piping. This supply-only piping configuration has contributed to inefficiencies in the system. The delivery of hot water is inconsistent and slow, and the water heater is beyond its useful life.
The base scope of work consists of the installation of a new energy efficient system for domestic hot water and aims to achieve the following goals:
• Remove and replace the water heater
• Install a new circulating pump
• Use existing hot water supply lines with addition of piping to create a new return loop
On January 19, 2023, Bid Documents (Bid# 23-350-24) were distributed via Planet Bids to all prequalified boiler/hot water heating contractors on the City’s list through an informal bidding process permitted by Section 22032 of the Public Contract Code. Four of those companies obtained bid documents and attended the mandatory pre-bid job walk held on January 25, 2023. On February 23, 2023, two bids were received as follows:
Basis of Selection ACCO Engineered Systems Todd R. Marsh, Inc.
Base Bid $ 232,817 $ 380,640
Alternate Bid #1 $ 23,000 $ 28,630
Alternate Bid #2 $ 0 ($ 52,400)
20 days delay $ 10,000 $ 5,600
Basis of Selection: $ 265,817 $ 362,470
There are two alternatives specified for this project. The first alternative is for the installation of a temporary domestic hot water system to keep the facility operational during construction while the old water heater is being replaced. The temporary hot water heater will be connected to the existing domestic hot water distribution piping. The second alternative is for the use of a Pro Press Pipe system in lieu of welding of the pipes. The Pro Press Pipe system is a flameless system and does not require draining of the full hot water system.
The bid documents specify that the low bid is determined by the sum of the base bid, all alternates, and the compensable delay cost for twenty days. After review of the bids, staff has determined that ACCO Engineered Systems is the lowest responsible bidder and has submitted a responsive bid and as reported by the State Contractors Licensing Board, maintains a license that is current and in good standing. Furthermore, ACCO Engineered Systems has successfully been prequalified for the Work and has performed similar work Meeting Date: March 21, 2023
for the City in the past; therefore, staff recommends City Council approve an agreement with ACCO Engineered Systems for this work.
A contingency of $25,581, 10% of the contract amount, is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from the contingency will be made utilizing the Change Order process in the Beverly Hills Municipal Code upon adequate written justification and substantiation.
The bid documents specify that all work under the contract shall be completed within one hundred (100) calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately July 2023.
FISCAL IMPACT
The $281,398 for Fire Station Headquarters Hot Water System Upgrade Project is available as part of Fund 405, Capital Improvement Project No. 00811, Major Building Systems Upgrades and Replacement. No additional funding is requested at this time.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
FIRE STATION HEADQUARTERS HOT WATER SYSTEM UPGRADE PROJECT THIS CONTRACT (“Contract”) is made and entered this 21st day of March, 2023 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and ACCO Engineered Systems, Inc. dba ACCO Engineered Systems (“Contractor”). Contractor’s license number is 120696.
. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as FIRE STATION HEADQUARTERS HOT WATER SYSTEM UPGRADE PROJECT (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Hundred Fifty Five Thousand Eight Hundred Seventeen dollars ($ 255,817) in accordance with the prices as submitted in Contractor’s Proposal, attached hereto and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply and are mandatory for this Project.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance 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.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BEVERLY HILLS
By:
LILI BOSSE, Mayor
ATTEST:
By:
HUMA AHMED, City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
By:
MANDANA MOTAHARI
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager
By:
SHANA EPSTEIN
Director of Public Works