TRAN2441.SR.MG LB
CI
TY OF SIMI VALLEY
MEMORANDUM
Sept
ember 9, 2024
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACT TO ACCO ENGINEERED SYSTEMS, INC. FOR
ACQUISITION AND REPLACEMENT OF HEATING, VENTILATION, AND
AIR CONDITIONING SYSTEM AT TRANSIT MAINTENANCE FACILITY
UTILIZING SOURCEWELL COOPERATIVE CONSTRUCTION
CONTRACT NO. CA -R7-HVAC-101723-AES, CP75000001,
FAIN: CA-2023-095-00
STAFF RECOMMENDATION
1. Aw
ard a contract to Acco Engineered Systems, Inc. (ACCO) utilizing a Sourcewell Cooperative Construction Contract No. CA-R7-HVAC-101723-AES (page 4) in the amount of $453,300.05 for the period of September 9, 2024, to December 5, 2024, for the acquisition and replacement of heating, ventilation, and air conditioning (HVAC) system at Transit Maintenance Facility.
2. Aut
horize the City Manager or her designee to execute any forms and contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract term for a one (1) year term, ending December 5, 2025, provided the Cooperative Contract is in effect.
BACKGROUND AND OVERVIEW
The Fe
deral Transit Administration (FTA) awards grant s under section 49 U.S.C 5339 to finance capital projects such as bus and bus -related projects to support the continuation and expansion of public transportation services. Simi Valley Transit (SVT) has secured Section 5339(a) funds for the Transit Maintenance Facility HVAC project for the acquisition and replacement of the HVAC system, which is no longer operating in its full capacity and has exceeded their service life expectancy. The replacement is necessary to ensure better functionality, improve air quality for maintenance staff, and provide energy efficiencies and savings in years to come.
AGENDA ITEM NO.
Consent (3)
TRAN2441.SR.MG LB
FINDINGS AND ALTERNATIVES
Staf
f recommends utilizing a cooperati ve purchasing agreement through Sourcewell to acquire and replace the heating, ventilation, and air conditioning (HVAC) system at the Transit Maintenance Facility. Sourcewell contracts are competitively bid contracts that are compliant with state and federal procurement regulations, ensuring that local agencies adhere to legal requirements and maintain transparency in their p urchasing processes. SVT can acquire and replace its maintenance facility HVAC system through Sourcewell Construction Contract No. CA-R7-HVAC-101723-AES, which is effective until December 5, 2024.
The Sour
cewell ACCO Contract No.CA -R7-HVAC-101723-AES is c ategorized as indefinite delivery/indefinite quantity construction contracting (ezIQC) program that is administered by Gordian Group, Inc. (Gordian). SVT met with ACCO’s contractor to review the scope of work and pricing, and found the outcome to be satisfactory. Staff has also confirmed that the agencies listed as references are satisfied with ACCO’s services and performance. In addition, ACCO has proven its service reliability based on its performance in serving the City's HVAC maintenance and repair services for the past six years. The Sourcewell contract will expire on December 5, 2024 and has the option for five (5) additional one-year extensions.
Staff r
ecommends that the City Council award the attached contract to ACCO in the amount of $453,300.05 for the period of September 9, 2024 to December 5, 2024 . The costs include mechanical engineering, controls, labor and materials for the installation of two (2) new air handlers to provide both heating and cooling in lieu of the existing two (2) gas heaters and two (2) evaporative coolers currently serving the location. Sufficient funding is available in the FY 2024-2025 Transit Capital Project (CP 75000001).
The f
ollowing alternatives are available to the City Council:
1. Award a contract to Acco Engineered Systems, Inc . (ACCO) utilizing Sourcewell Cooperative Construction Contract No. CA-R7-HVAC-101723-AES (page 4) in the amount of $453,300.05, for the period of September 9, 2024 to December 5, 2024 for the acquisition and replacement of heating, ventilation, and air conditioning (HVAC) system at the Transit Maintenance Facility;
2. Authorize the City Manager or her designee to execute any forms and contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract term for a one (1) y ear term, ending December 5, 2025, provided the Cooperative Contract is in effect;
3. Do not award a contract at this time and provide staff w ith further direction.
Staff re
commends Alternatives No. 1 and 2.
2 TRAN2441.SR.MG LB
SUGGESTED CITY COUNCIL MOTION
I mo
ve to a ward a contract to A cco Engineered Systems, Inc., in the amount of $453,300.05 for the period of September 9, 2024 to December 5, 2024 for the acquisition and replacement of the existing heating, ventilation, and air conditioning (HVAC) system at the Transit Maintenance Facility and authorize the City Manager or her designee to execute any forms and contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract for a one (1) year term.
SUMMARY
SVT r
eceived FTA 5339 funds to fund the HVAC project at the Transit Maintenance Facility. Based on ACCO’s prior performance of servicing City HVAC systems and after meeting with ACCO to review the scope of work and pricing, SVT determined that the ACCO contract utilizing Sourcewell Cooperative Agreement is feasible. It is recommended that the City Council move to a ward a contract to A cco Engineered Systems, Inc., in the amount of $ 453,300.05 for the period of September 9, 2024 to December 5, 2024 for the acquisition and replacement of the existing heating, ventilation, and air conditioning (HVAC) system at the Transit Maintenance Facility and authorize the City Manager or her designee to execute any forms and contract amendments to incorporate future budgeted funds into the contract amount and to extend the contract for a one (1) year term.
_________
___________________________
Ronald K. Fuchiwaki
Public Works Director
Prepar
ed by: Tan Koehler, Senior Management Analyst
INDEX Page
Sourcewell Contract No. CA-R7-HVAC-101723-AES ........................ 4 Exhibit A – General Terms and Conditions ........................................ 6 Exhibit B – Gordian EZIQC Work Order Proposal ............................ 42 3 Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R7-HVAC-101723-AES
Service Type: Mechanical/HVAC
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and ACCO Engineered Systems, Inc, 888 E Walnut Street, Pasadena, California 91101 (Contractor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.
The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region.
I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
II. REGION AND SERVICES
The Contractor’s Region is: Region 7. The Contractor’s IDIQ construction service type is:
Mechanical/HVAC. The Contractor has agreed to perform work outside the Region.
III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.
A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.3400.
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Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6000.
C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6000.
D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6000.
E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1500.
VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.
B. The Contractor’s Authorized Representative is Patrick Rochon. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.
Sourcewell
ACCO Engineered Systems, Inc
By: __________________________ By: __________________________ Jeremy Schwartz Patrick Rochon
Title: Chief Procurement Officer Title: Vice President
Date:
Date:
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Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
Indefinite Delivery‐Indefinite Quantity Construction Contract General Terms and Conditions
for
Solicitation: IFB #CA‐101723
I. DEFINITIONS
The following definitions apply to all articles of the Con tract and General Terms and Conditions.
A. ADJUSTMENT FACTORS. The Contractor's competitively bid price adjustment to the Unit Prices that are published in the Construction Task Catalog. Adjustment Factors are expressed as an increase to or decrease from the Construction Task Catalog’s published prices and may be modified periodically during the term of this Contract, through written amendment.
B. BID SAFE. A proprietary software product of Gordian that offers a secure, online construction procurement process. This software may not be applicable in a particular region or project.
C. CONSTRUCTION TASK CATALOG (CTC). The CTC is Gordian’s proprietary comprehensive listing of specific construction‐related tasks created and customized for the solicitation under which this Contract was awarded. Each task has an assigned specific unit of measurement and Unit Price using current local labor, material, and equipment costs. The CTC, which is incorporated by reference into this Contract, and may be amended periodically during the ter m of this Contract, upon mutual agreement of the parties.
D. CONTRACT DOCUMENTS. The following documents comprise the Contract Documents in the following order of precedence:
1. Participating Entity’s Purchase Order which may include plans, drawings, and supplemental technical specifications
2. Standard specifications of the Participating Entity (if any)1
3. This Contract, which also include
s the General Terms and Conditions
4. Construction Task Catalog
5. Technical Specifications
1 San Diego Housing Commission provisions, contract terms and conditions, and forms have been provided as a downloadable document in the documents section of this IFB’s Bid Details page. These documents apply to all work being performed for the San Diego Housing Commission.
EXHIBIT A
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E. DAYS. Calendar days, unless specifically stated otherwise.
F. DETAILED SCOPE OF WORK. A document created by the Participating Entity, in conjunction with the Gordian and the Contractor, following a Joint Scope Meeting that details the work the Contractor will perform for a particular Purchase Order.
G. THE GORDIAN GROUP, INC. OR GORDIAN. Sourcewell’s designated representative and contract administrator for this Contract. Gordian’s support includes preparing Construct Task Catalogs and related technical specifications, providing information management systems, training to contractors, administering fee collection, and assisting with proposal or work order development.
H. HOLIDAYS. Specific days designated as legal holidays of Participating Entity, including those designated holidays under its Project Labor Agreement, and those days that Sourcewell designates as Holidays: New Year’s Day (January 1), Memorial Day, Independence Day (July 4), Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve Day (December 24), and Christmas Day (December 25); when a holiday falls on a Saturday, the preceding Friday will be observed
as a holiday and when it falls on a Sunday, the following Monday will be observed as a holiday.
I. JOINT SCOPE MEETING. The Contractor, Participating Entity representative, and Gordian representative assemble at the Site to discuss the Project and Scope of Work. The Participating Entity will present the Project in detail, with a job site visit by the Contractor, prior to preparing and submitting a Detailed Scope of Work.
J. NON‐PRE‐PRICED TASK (NPP). A task not included in the Construction Task Catalog, but that is within the general scope and intent of this Contract.
K. PARTICIPATING ENTITY. An entity accessing this Contract in order to accomplish the work with the Contractor. Participating entities include state and local government, education, nonprofit, tribal government, and other public agencies located within the Region described in the Contract.
L. PRICE PROPOSAL. The proposed pricing document prepared for the Participating Entity by the Contractor using the Construction Task Catalog, Adjustment Factors, and appropriate quantities.
M. PROJECT. The work to be accomplished by the Contractor in satisfaction of a requirement or group of related requirements pursuant to one or more Purchase Orders.
N. PROJECT MANAGER. The person or firm designated by a Participating Entity and authorized to represent the Participating Entity in connection with a signed Purchase Order.
O. PROPOSAL PACKAGE. A group of documents and files consisting of the: Price Proposal; incidental drawings, sketches, or specification information; quantity take‐offs supporting all material quantities; catalog cuts providing information on materials or products, as specifically 7 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
requested; list of known Subcontractors; construction schedule; back‐up for any Non Pre‐Priced Tasks; warranty information on special equipment or materials; and or other such documentation as the Participating Entity may require.
P. PURCHASE ORDER. The document establishing the engagement by the Participating Entity to the Contractor to complete a Detailed Scope of Work for the Purchase Order Price within the Purchase Order Completion Time. The Purchase Order may consist of a notice to proceed, signed work order, or other Participating Entity required documentation.
Q. PURCHASE ORDER COMPLETION TIME. The period of time set forth in the Purchase Order by which the Contractor must complete the Detailed Scope of Work.
R. PURCHASE ORDER PRICE. The value of the approved Price Proposal and not to exceed price to be paid to the Contractor by the Participating Entity for completing the Detailed Scope of Work within the Purchase Order Completion Time.
S. REQUEST FOR PROPOSAL. The Participating Entity’s written request for a contractor to prepare and submit a Proposal Package for a specific Detailed Scope of Work. A request for proposal is not a guarantee of work.
T. SITE. The area upon or in which the Contractor performs the Detailed Scope of Work and such other areas adjacent thereto as may be designated by the Participating Entity.
U. SUBCONTRACTOR. Any person, firm, or corporation, other than employees of the Contractor, that contracts with the Contractor or its subcontractors to furnish, or actually furnishes labor, or labor and materials, or labor and equipment, at the Site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.
V. SUPPLEMENT
AL PURCHASE ORDER. A purchase order issued to add, delete, or change work from an existing related Purchase Order.
W. TECHNICAL SPECIFICATIONS. The comprehensive listing of standards for quality of workmanship and materials, and the standard for the required quality of the work. The Technical Specifications are numbered and organized in the Construction Specification Institute's (CSI) master format. All specifications are filed in divisions per CSI guidelines. Except when substitutions are clearly impermissible, all references in the Technical Specifications or the CTC to a specific manufacturer, trade name, or catalog is intended to be descriptive but not restrictive and only to indicate to the Contractor those items that will be satisfactory.
X. UNIT PRICE. The price published in the Construction Task Catalog for a task.
Y. WORK. The labor, material, equipment, and services necessary or convenient to the completion of Purchase Order(s).
II. PARTICIPATING ENTITY CONTRACT ACCESS
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The benefits of this Contract should be available to all Participating Entities that can legally access the Scope of Work of this Contract. Any entity accessing the benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. The Contractor understands that a Participating Entity’s use of this Cont ract is at the Participating Entity’s sole convenience and that each Participating Entity reserves the right to obtain construction services from any other source.
III. GENERAL CONDITIONS FOR PERFORMING WORK
A. COMPLIANCE.
1. Legal and Contractual. The work will be conducted by the Contractor in strict compliance with this Contract and all applicable federal, state, and local laws, regulations, codes, directives, standards, and specifications; this includes, but is not limited to city building codes, the specific Detailed Scope of Work, and Technical Specifications of a Purchase Ord
er. If the Purchase Order specifies a standard that is different or more stringent that a particular law, code, or regulation, the standard set forth in the Purchase Order will control.
2. Licenses. The Contractor must maintain valid and current federal, state, and local licenses, bonds, and permits required
for the operation of the business that the Contractor
conducts with Sourcewell and Participating Entities. The Contractor will keep these documents properly posted at the Site at all times during the performance of the work.
3. Permits and Filings. The Contractor will make the necessary arrangements for and obtain all fi
lings and permits required for the work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the city, state or some other governmental or regulatory
agency, then the amount of such fee paid by the Contractor will be treated as a reimbursable task to be paid a mark‐up of 10%. The Contractor will submit a copy of the receipt for payment of such fees. The 10% mark‐up will cover all costs over and above the fili
ng and permit fees, including expeditor fees.
B. PUBLIC FACILITIES, IDENTIFICATION, AND SECURITY REQUIREMENTS. The Contractor’s employees may be required to perform work at government‐owned facilities, including schools.
The Contractor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with the applicable Participating Entity’s policies and procedures, and all applicable laws. The Contractor will comply with all identification and security requirements that the Parti
cipating Entity may establish.
In the event the Contractor is required to work within a secured facility where labor, material, and equipment must be inspected to pass through a secured perimeter, and all work must be constantly monitored by facility personnel (such as a department of corrections prison) the Contractor will be paid for the labor ti
me lost as a result of such perimeter inspection, as well as any loss of time resulting from a temporary shut down of the work site required by the facility (such as a temporary shut down to move prisoners).
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C. CONTRACTOR RECORDS AND REPORTS. The Contractor will maintain accurate and complete records, files and libraries of documents to demonstrate compliance with federal, state, and local regulations, codes, applicable laws listed herein; including manufacturers' instructions and recommendations which are necessary and related to the work to be performed.
The Contractor will prepare and submit required reports, maintain current record drawings, and submit required information to Gordian and/or the Participati ng Entity, as applicable. The Contractor will provide: materials lists that include trade names and brand names, and model materials lists that include trade names, brand names, model number, and ratings (if appropriate) for all materials necessary to complete the Purchase Order. Upon full payment for the Project, the documents created by Contractor for
the Participating Entity that are specific to
the Project will become the property of the Participating Entity; including all applicable intellectual property rights.
D. GORDIAN IQCC SYSTEM. Gordian’s proprietary IQCC system includes Gordian’s proprietary JOC software applications (JOC Applications) and construction cost data (Construction Task Catalog®), which shall be used by the Contractor solely for the purp ose of fulfilling its
obligations under this Contract, including the preparation and submission of Price Proposals, subcontractor lists, and other requirements specified by the Owner. Contractor’s use, in whole or in part, of Gordian’s JOC Applications, Construction Task Catalog® and other proprietary materials provided
by Gordian for any purpose other than to execute work under this Contract for the Owner is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License:
IQCC System License
Gordian hereby grants to the Contractor for
the term of this Contract, a non‐exclusive
right, non‐transferable, privilege, and license to Gordian’s proprietary IQCC System (comprised of the JOC software applications and support documentation, the CTC, construction cost data, Technical Specifications, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian (collectively referred to as “Proprietary Information”). The Proprietary Information will be used for the sole purpose of executing Contractor’s responsibilities to Sourcewell and the Participating Entities under this Contract (“Limited Purpose”). In the event this Contract expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires or term
inates, this IQCC System License will terminate and the Contractor will return all Proprietary Information in its possession to Gordian.
Contractor acknowledges that Gordian will retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as
patents, trademarks, copyrights and trade secrets.
Contractor will have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor must not distribute, disclose, copy, reproduce, display, p ublish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information.
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Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract, and must at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public dis closure. Contractor further acknowledges that a breach of any of the terms of this Contract by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian will be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Contract or to obtain redress for the breach or violation of any of its provisions, whether by lit igation, arbitration or other proceedings, the prevailing party will be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney’s fees.
In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Order, Purchase Order or similar purchasin
g document (Purchase Order) issued by Sourcewell or a Participating Entity, this IQCC System License will take precedence.
E. REVIEW OF FIELD CONDITIONS. Before submitting a Price Proposal, the Contractor must:
carefully study the Detailed Scope of Work, as well as the information furnished by the Participating Entity; take field measurements of any existing conditions related to the work; and observe any conditions at the Site affecting the Price Proposal. Any design errors or omissions, other errors, inconsistencies, or omissions discovered by the Contractor must be reported promptly to the Project Manager. It is recogni
zed that the Contractor’s review is made in the
Contractor’s capacity as a Contractor and not as a licensed design professional. The Contractor is not required to ascertain that the Detailed Scope of Work is in accordance with applicable laws, statutes, ordinances, buildin
g codes, and rules and regulations. However, any nonconformity discovered by or made known to the Contractor must be reported promptly to the Project Manager.
F. PERSONNEL. The Contractor will employ competent personnel for the development of the Project’s Detailed Scope of Work, the preparation of the Price Proposal and the execution of the work. During the performance of the work, the superintendent assigned to the Project will represent the Contractor, and communications given to the superintendent will be as binding as if given to the Contractor. Important communications must be confirmed in writing. Oth er communications will be similarly confirmed on written request in each case.
G. SUPERVISION. The Contractor must enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the work. The Contractor will supervise and direct the performance of the Detailed Scope of Work, using the Contractor’s best skill and attention. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work. If the Detailed Scope of Work give
s specific instructions concerning construction means,
methods, techniques, sequences or procedures, the Contractor will evaluate the Site safety thereof and, except as stated below, will be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that 11 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
such means, methods, techniques, sequences or procedures may not be safe, the Contractor will give timely written notice to the Project Manager and will not proceed with that portion of the work without further written instructions from the Project Manager.
The Contractor will be responsible to the Participating Entity for acts and omissions of the Contractor’s employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the work for or on behalf of the Contractor or any of its Subcontractors.
The Contractor will be responsible for inspection of portions of work already performed to determine that such portions are in pr oper condition to receive subsequent work.
H. WORKMANSHIP AND QUALITY. The Contractor may make substitutions only with the written consent of the Project Manager. The Contractor will not permit employment of unfit persons or persons not skilled in the portions of the work assigned to them.
I. SHOP DRAWINGS, PRDUCT DATA, AND SAMPLES.
1. Shop drawings, product data, samples, and similar submittals are not considered as Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Detailed Scope of Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design conce
pt expressed in the Detailed Scope of Work.
Submittals that are not required by the Contract Documents may be returned by the Project Manager without action.
2. The Contractor must review for compliance with the Contract Documents, approve and submit to the Project Manager shop drawings, produ ct data, samples and similar submittals required with reasonable promptness and in such sequence as to cause no delay in the work or in the activities of the Participating Entity or of separate contractors. Submittals that are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Pr oject Manager without action.
3. By approving and submitting shop drawings, product data, samples and similar submittals, the Contractor represents that it has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the informa
tion contained within such submittals with the
requirements of the Detailed Scope of Work and of the Contract Documents.
4. The Contractor must perform no portion of the work for which the Contract Documents require submittal and review of shop drawings, product data, samples, or similar submittals until the resp
ective submittal has been approved by the Project Manager.
5. The work will be performed in accordance with approved submittals except that the Contractor will not be relieved of responsibility for deviations from requirements of the Contract Documents by the Project Manager’s approval of shop drawings, product data, samples or similar
submittals unless the Contractor has specifically informed the Project Manager in writing of such deviation at the time of submittal and a) the Project 12 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
Manager has given written approval to the specific deviation as a minor change in the work, or b) a Supplemental Purchase Order or written notice has been issued authorizing the deviation. The Contractor will not be relieved of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals by the Project Manager’s approval thereof.
6. The Contractor will direct specific attention, in
writing or on resubmitted in shop
drawings, product data, samples or similar submittals, to revisions other than those requested by the Project Manager on previous submittals. In the absence of such written notice the Project Manager’s approval of a resubmission will not apply to such revisions.
7. All costs for
normal submittal information (shop drawings, cut sheets, performance information, installation or erection drawings, etc.) are included in the CTC line item costs.
8. The Contractor will not be required to provide professional services which constitute the practice of architecture or engineering un
less such services are specifically requested by
the Participating Entity and required by the Detailed Scope of Work; or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures, and such services are approved by the Participating En tity. The Contractor will not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Detailed Scope of Work, the Participating Entity will specify all perfo rmance and design criteria that such services must satisfy, and the costs associated with such services will be represented by including the appropriate tasks from the CTC. The Contractor will cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal must appear on all drawings, calculat ions, specifications,
certifications, shop drawings and other submittals prepared by such professional. Shop drawings and other submittals related to the work designed or certified by such professional, if prepared by others, will bear such professional’s written approval when submitted to the Project Manager. The P articipating Entity will be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Participating Entity has specified to the Contractor all performance and design criteria that such services must satisfy. The Project Manager will review, approve, or take other appropriate action on su bmittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Detailed Scope of Work. The Contractor will not be responsible for the adequacy of the performance or design criteria required by the Detailed Scope of Work. The Participat ing Entity will have the right to provide, or designate a representative to provide, any architectural or engineering services necessary for completion of the Work.
J. CUTTING AND PATCHING.
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1. The Contractor will be responsible for cutting, fitting, or patching required to complete the Detailed Scope of Work or to make its parts fit together properly.
2. The Contractor will not damage or endanger a portion of the work, or fully or partially completed construction of the Participating Entity or separate contra ctors, by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor will not cut or otherwise alter such construction by the Participating Entity or a separate contractor except with written consent of the Participating Entity and of such separate contractor. The Contractor will not unreasonably withhold from the Partic ipating Entity or a separate contractor the Contractor’s consent to cutting or otherwise altering the work.
K. CLEAN UP.
1. The Contractor will keep the Site and surrounding areas free from accumulation of waste materials or rubbish caused by operations under the Purchase Order. At completion of the work, the Contractor will remove from and about the Site all waste materials, rubbish, Contractor’s tools, construction equipment, machinery, and surplus materials.
2. If the Contractor fails to clea
n up, the Participating Entity may do so, and the cost
thereof will be charged to the Contractor.
L. ACCESS TO THE WORK. The Contractor will provide the Project Manager access to the work at all times.
M. SUBCONTRACTORS.
1. The Contractor, as soon as practicable after award of the Purchase Order, will furnish in writing to the Project Manager the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each portion of the work. The Project Manager will promptly reply to th e Contractor in writing stating whether or not, after due investigation, the Contractor has reasonable objection to any such proposed person or entity. Failure of the Project Manager to reply promptly will constitute notice of no reasonable objection.
2. The Contractor will not subcontract with a proposed person or entity with whom the Participating Enti
ty or Project Manager has made reasonable and timely objection.
Similarly, the Contractor will not be required to subcontract with anyone with whom the Contractor has made reasonable objection.
3. If the Participating Entity or Project Manager has reasonable objection to a subcontracto
r proposed by the Contractor, the Contractor will propose another to whom the Participating Entity or Project Manager has no reasonable objection.
N. COORDINATION WITH OTHER CONTRACTORS.
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1. The Participating Entity reserves the right to perform construction or operations related to the Purchase Order with the Participating Entity’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Site.
2. The Participating Entity will provide for coordination of the activi ties of the Participating Entity’s own forces and of each separate contractor with the work of the Contractor, who will cooperate with them. The Contractor will participate with other separate contractors and the Participating Entity in reviewing their construction schedules when directed to do so. The Contractor will make any revisions to th e construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules will then constitute the schedules to be used by the Contractor, separate contractors, and the Participating Entity until subsequently revised.
O. PROPRIETARY RIGHTS, PATENT AND COPYRIGHT INFRINGEMENT.
1. Contractor will defend any action or proceeding brought against Sourcewell or any Participating Entity based on any assertion or claim that the Work, or any part thereof, or the operation thereof or use of the Work or any part thereof, constitutes infringement of any third party proprietary rights, trademark, patent or copyright, now
or hereafter issued “Proprietary Rights.” Contractor will defend, indemnify and hold harmless Sourcewell or any Participating Entity from and against all damages and costs, including attorney’s fees, awarded against Sourcewell or Participating Entity or Contractor in any such action or proceeding. Contractor further agrees to keep Sourcewell and any Particip ating Entity informed of all developments in the defense of such actions or proceedings.
2. In the event a Participating Entity is enjoined from the completion of the Work, or any part thereof in connection with any claim of infringed proprietary rights, Contractor will at it sole expense take reasonable steps to procure the right or license to operate or use the Work. If Contractor ca
nnot so procure the aforesaid right within a reasonable time, Contractor will then, promptly at Contractor’s option and Contractor’s expense and in consultation with the Participating Entity, (a) modify the Work so to avoid infringement of any Proprietary Rights; or (b) replace said Work with Work tha t does not infringe or
violate any such Proprietary Rights.
3. Sections 1 and 2 above will not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right (a) relating solely to a particular process or the product of a particul
ar manufacturer specified by the Participating Entity and such processes or products are something other than that which has been offered or recommended by Contractor to the Participating Entity; or (b) arising from modifications to the Work by the Participating Entity or its agents after acceptance of the Work .
P. REQUESTS OF EXTENSION OF TIME.
1. The Purchase Order Completion Time will be extended for such reasonable time as the Project Manager may determine, if the Contractor is delayed at any time in the commencement or progress of the Detailed Scope of Work by:
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An act or neglect of the Participating Entity or its Project Manager, their employees, or agents
A separate contractor employed by the Participating Entity Changes ordered in the work by the Participating Entity Labor disputes or civil unrest
Fire
Unusual delay in deliveries
Unavoidable casualties or other causes beyond the Contractor’s control Other causes for which the Project Manager may determine justify a delay
2. The Contractor will not make any claim for damages for the delay in the performance of any Purchase Order occasioned by any act or omission of the Participating Entity, Project Manager, or any of their represe
ntatives; and agrees that any such claim will be
fully compensated for by an extension of time as provided herein.
Q. PARTIAL OCCUPANCY OF TIME.
1. The Participating Entity may occupy or use any completed or partially completed portion of the work at any stage when it is consented to by the authorized public authorities having jurisdiction over the work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Participat ing Entity and the Contractor agree in writing to the conditions of such use, including payment and any other required terms. Consent of the Contractor to partial occupancy or use will not be unreasonably withheld.
2. Immediately prior to such partial occupancy or use, the Participating Entity, the Contractor and Project Ma nager will jointly inspect the area to be occupied or portion of the work to be used in order to determine and record the condition of the work.
3. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the work will not constitute accep tance of work that does not comply with the requirements of the Contract Documents.
R. PROTECTION OF PERSONS AND PROPERTY. The Contractor must take reasonable precautions for safety of, and will provide reasonable protection to prevent damage, injury, or loss to:
1. Employees on the work and other persons who may be affected thereby;
2. The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or sub
‐subcontractors; and
3. Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.
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The Contractor will give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
The Contractor will erect and maintain, as required by existing conditions and performance of the Detailed Scope of Work, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Participating Entity and users of adjacent sites and utilities.
When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the work, the Cont ractor will exercise
utmost care and carry on such activities under supervision of properly qualified personnel.
The Contractor will promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by the Contractor, a Subco
ntractor, a sub‐subcontractor, or
anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except damage or loss attributable to acts or omissions of the Participating Entity or Project Manager or anyone directly or indirectly employed
by either of them, or by anyone for whose acts
either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s other obligations included herein.
The Contractor will designat e a responsible member of the Contractor’s organization at the Site whose duty will be the prevention of accidents. This person will be the Contractor’ superintendent unless otherwise designated by the Contractor in writing to the Project Manager.
The Contractor will not permit any part of the construction or Site to be loaded in a manner that endangers safety.
S. HAZARDOUS MATERIALS.
1. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to lead based paint, asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the Contractor will, upon recognizing the condition, immediately stop the work in the affected area and report the condi
tion to the Project Manager in
writing.
2. The Participating Entity will obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been
rendered harmless. Unless otherwise required by the Contract Documents, the Participating Entity will furnish in writing to the Contractor and Project Manager the 17 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the Task of removal or safe containment of such material or substance. The Contractor and the Project Manager will promptly reply to the Participating Entity in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Participating Entity. If either the Contractor or Project Manager has an objection to a person or entity proposed by the Participating Entity, the Participating Entity will propose another to whom the Contractor and the Project Manager have no reasonable objection. Wh
en the material or substance has been rendered harmless, the work in the affected area will resume upon written agreement of the Participating Entity and Contractor. The Purchase Order Completion Time will be extended appropriately.
3. The Participating Entity will not be responsible for materials and substances brought to the Site by the Contractor unless such materials or substances were required by the Detailed Scope of Work.
T. TESTS AND INSPECTIONS.
1. Tests, inspections and approvals of portions of the work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction will be made at an appropriate time. Unless otherwise provided, the Contractor will make arrangements for such tests, inspections and approvals with an independent testing labor
atory or entity acceptable to the Participating Entity, or with the appropriate public authority. The Contractor will give the Project Manager timely notice of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures.
2. If the Project Manager, Participating Entit
y, or public authorities having jurisdiction
determine that portions of the work require, through no fault of the Contractor, additional testing, inspection or approval, the Project Manager will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Participating Entity, and the Contractor will give ti mely notice to the Project Manager of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures. Such costs will be at the Participating Entity’s expense.
3. If such procedures for testing, inspection or approval reveal failure of the portions of the work to co
mply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Project Manager’s services and expenses will be at the Contractor’s expense.
4. Required certificates of testing, insp ection or approval will, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Project Manager.
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5. If the Project Manager is to observe tests, inspections or approvals required by the Contract Documents, the Project Manager will do so promptly and, where practicable, at the normal place of testing.
6. Tests or inspections conducted pursuant to the Contract Documents will be made promptly to avoid unreasonable delay in the work.
U. PARTICIPATIN
G ENTITY’S RIGHT TO STOP WORK AND COMPLETE WORK. A Participating Entity may order the Contractor to stop the work on any Purchase Order, or any portion thereof, at any time for any reason. If the Contractor has been ordered to stop the work, the Participating Entity may, without prejudice to other remedies, have the work completed by any available means.
V. SURVIVAL OF WORK. Any Purchase Ord er issued prior to the expiration of this Contract may survive after the expiration of this Contract. This means work may continue to be performed, payments may be made, and the guarantee period may continue.
W. WARRANTY. All work furnished under this Contract will be guaranteed against defective materials and workmanship, improper performance, and non‐compliance with the Contract Documents for a period of one year after final acceptance of the work (Warranty Period); except as otherwise specified in other parts of the Contract Documents, or within such longer period of time as may be prescribed by law or provided by the manufa cturer.
During the Warranty Period, the Contractor will repair and replace at Contractor’s own expense, all work that may develop defects whether such defects may be inherent in the equipment or materials, in the functioning of the piece of equipment, or in the functioning and operation of pieces of equipment operating toge
ther as a functional unit. Any equipment or material that is repaired or replaced will have the Warranty period extended for a period of one year from the date of the last repair or replacement.
If the Contractor fails to repair, replace, rebuild, or restore such defective or damaged work promptly after receiving su
ch notice, the Participating Entity will have the right to have the work done by others and to deduct the cost thereof from the monies owed to the Contractor. If the amount owed is insufficient to cover such costs, the Contractor will be liable to pay such deficiency on demand. The Project Manager's
certificate setting forth the fair and reasonable
cost of repairing, replacing, rebuilding or restoring any damaged or defective work when performed by one other than the Contractor will be binding and conclusive as the amount thereof upon the Contractor.
The Contractor must obtain all manufacturer's warrantees and guaran tees of all equipment and
materials required by this Contract in the name of the Participating Entity.
IV. SCOPE AND PROCEDURE FOR ORDERING WORK
A. REGION. The Contractor will primarily perform work in the Region designated at the top of this Contract. However, if the parties agree, the Contractor may work in another area using its awarded Adjustment Factors and appropriate Construction Task Catalog. If a contractor does not have a contract for the area work in which the work is to be performed, but maintains more 19 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
than one contract with Sourcewell, it will use the contract that results in the lowest price for the Participating Entity.
B. SCOPE. Work will be offered to the Contractor only through an authorized Purchase Order issued in accordance with this Contract. Purchase Orders will contain the Detailed Scope of Work required for the Contractor to complete the Project for a Participating Entity. The Contractor will provide all pricing, management, incidental drawings, shop drawings, samples, documents, work, materials, supplies, parts (to include system components), transportation, plant, supervision, labor, and equipm ent needed to complete each Purchase Order. The Contractor will also be responsible for Site safety as well as Site preparation and cleanup during and after construction.
The Contractor is not guaranteed to receive a Purchase Order under this Contract.
C. CONTRACTOR SELECTION METHODOLOGY. After the Participating Entity has developed a draft Scope of Work, it will select a contractor using one of the following methods:
1. Directly Selecting a Contractor. Depending upon the procurement requirements of the Participating Entity, it may choose to directly select an available Sourcewell‐contracted contactor, or
2. Use of BidSafe to Select Contractor. When p available for the Project, the Part icipating
Entity may use Gordian’s BidSafe to issue a Request for Quotation to two or more contractors in order to determine the award of a Purchase Order. The use of BidSafe will be subject to Gordian’s BidSafe requirements.
D. PURCHASE ORDER COMPLETION PROCESS. Upon selection of a contractor as described in Section C. above, the Participating Entity and Gordian will work with the Contractor to complete the following:
1. JOINT SCOPING MEETING. The Contractor will attend the Joint Scope Meeting with the Participating Entity and Gordian to discuss, at a minimum:
a. The general Scope of Work
b. Alternatives for performing the work and value engineering c. Access to the Site and protocol for
admission
d. Hours of operation
e. Staging area
f. Requirements for professional services, sketches, drawings, and specifications g. Construction schedule
h. Requirement for bonding
i. The presence of hazardous materials
j. Date on which the Proposal Package is due
2. DETAILED SCOPE OF WORK
. Upon completion of the joint scoping meeting, Gordian, the Participating Entity, and the Contractor will work together to create a Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Detailed Scope of Work will be the basis on which the Contractor w
ill develop its Proposal Package. The Contractor
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does not have the right to refuse to perform any task or any work in connection with a particular Project.
3. REQUEST FOR PROPOSALS. Upon completion of the Detailed Scope of Work, the Participating Entity will issue a Request for Proposal to the Contractor. The Contractor will use Gordian’s IQCC System to prepa re its Price Proposal.
4. PROPOSAL PACKAGE CONTENTS. Upon issuance of the Participating Entity’s Request for Proposal, the Contractor will create a Proposal Package that includes:
a. Price Proposal: The Price Proposal will be based on the following:
1) Pre‐Priced Tasks: Pre‐Priced tasks described, and for which a Unit Price is set forth, in the CTC. The Contractor will identify the Task and the q uantities
required.
2) Non‐Pre‐Priced Tasks: A Non Pre‐priced Task is a task that is not in the CTC. a) For Non Pre‐Priced Work Performed with the Contractor's Own Forces: The Con
tractor will submit three independent quotes for all
materials to be installed and will provide a breakdown of the labor and equipment costs.
The final price submitted for Non Pre‐Priced Tasks will be according to the following formula, and each Non Pre‐Priced Task must be supported with the necessary back‐up document s including the calculation below:
i. The hourly rate for each trade classification not in the CTC multiplied by the quantity.
ii. The rate for each piece of Equipment not in the CTC multiplied by the quantity.
iii. Lowest of three independent quotes for all materials.
Total Cost for Non‐Pre‐Priced Tasks performed by contractor’s own forces = (i + ii + iii) x Non‐
Pre‐Priced Adjustment Factor.
b) For Non‐Pre‐Priced Work performed through a Subcontractor: The Contractor must submit three independent bids from Subcontractors.
The Contractor may not submit a quote or bid from any supplier or Subcontracto
r that the Contractor is not prepared to use during the Project. The Participating Entity may require additional quotes and bids if the suppliers or Subcontractors are not acceptable or if the prices are not determined to be reasonable. If the Contractor cannot obtain three quotes or bids, the Contractor will provide this information in writing to
the Sourcewell Participating Entity for review and approval.
The final price submitted for Non Pre‐Priced Work performed through a Subcontractor will the lowest of three Subcontractor quotes.
The Total Cost for Non‐Pre‐priced Tasks performed by Subcontractors = Lowest of Thre
e Subcontractor Quotes X Non‐Pre‐Priced Task
Adjustment Factor.
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At the discretion of Gordian, Non‐Pre‐Priced Tasks, as well as other Tasks, may be added to the CTC during the course of the Contract. Unit prices will be established based on actual quotes from material suppliers and installers and fixed as a permanent Pre‐priced Task in the CTC.
Gordian’s determination as to whether an item
is a Pre‐Priced Task or a
Non‐Pre‐Priced Task will be final, binding and conclusive as to the Contractor.
The means and methods of construction will be such as the Contractor may choose; subject however, to the Participating Entity’s right to reject means and method
s proposed by the Contractor that: Will not produce
finished work in accordance with the terms of the Contract; or Unnecessarily increases the price of the Purchase Order when alternative means and methods are available.
3) Additional Costs. In the event the Contractor is required to work within a secured facility where labor, material,
and equipment must be inspected to
pass through a secured perimeter, and all work must be constantly monitored by facility personnel, such as a prison, the Contractor will be paid for the labor time lost as a result of such perimeter inspection, as well as any loss of time result
ing from a temporary shut down of the work site
required by the facility, such as a temporary shut down to move prisoners.
The value of the Price Proposal will be calculated by summing the total of the calculations for each Pre‐Priced Tasks (Unit Price x quantity x Adjustment Fac
tor) plus the value of all Non‐Pre‐Priced Tasks.
b. Incidental drawings, sketches, or specification information, c. Quantity take‐offs supporting all material quantities, d. Catalog cuts providing information on materials or products, as specifically requested,
e. The list of known Subcontractors,
f. Construction schedule,
g. Back‐
up data for any Non‐Pre‐Priced Tasks (identified above), h. Warranty information on special equipment or materials, and i. Other such documentation as the Participating Entity may require.
By submitting a Price Proposal to the Participating Entity, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price it submits.
It is the Contractor's responsibility to include the necessary tasks and quantities in the Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to the Participating Entity. However, when trade jurisdiction rules or small quantities, the cost of a minor task in the Price Proposal is less
than the cost of the actual labor and material to perform such task, the Participating Entity may permit the Contractor to be paid for such task as a Non‐ Prepriced Task, or use Prepriced labor tasks and material component pric ing to cover the actual costs incurred. Provided that there is no other work for that trade on the Project or other work 22 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
for that trade cannot be scheduled at the same time and the final charge does not exceed $5,000.
E. WAGE RATES AND GOALS REQUIRED BY LAW. If other wage rates are required by law (such as prevailing wage), the Contractor must pay such wages to all workers in accordance with the applicable laws. If the Work is performed in whole or in part using federal funding, then the Davis Bacon Wages for that area will apply.
The wage rates used in the CTC were the prevailing wage rates, if any, in effect at the time the IFB was
issued. If prevailing wage rates are revised prior to completion of the Project, the revised rate will apply to this Contract from the effective date of such revision; however, such revision will not entitle Contractor to any increased compensation under the terms of th e Contract.
The Contractor must meet any goals or requirements established by the Participating Entity ordering the work, and/or satisfy the intent of said goals or requirements, with regard to small, local, minority, women, veteran or disadvantaged business enterprises. Additional participation goals may be incorporated into the detailed scope of work.
F. TIME FO
R SUBMITTAL OF THE PROPOSAL PACKAGE.
1. The Proposal Package will be submitted by the date indicated on the Request for Proposal. All incomplete Proposal Packages will be rejected. The time allowed for preparation of the Proposal Package will depend on the complexity and urgency of the Project but should average between seven and fourteen days. On complex Projects, such as
those requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents.
2. In emergency situations and for Projects requiring immediate completion, the Proposal Package may be required quickly and the due date will be so indicated on the Re quest
for Proposal or, the Contractor may begin work immediately, with the paperwork to follow.
3. If the Contractor fails to meet the deadline for submittal of the Proposal Package, this may be reason to suspend issuance of this particluar Purchase Order.
4. If the Contractor requires clarifications or additional in formation regarding the Detailed
Scope of Work in order to prepare the Proposal Package, the request must be submitted so that the submittal of the Proposal Package is not delayed.
G. REVIEW OF THE PROPOSAL PACKAGE.
1. Gordian and/or the Participating Entity will evaluate the Price Proposal by evaluating the nature and number of Tasks proposed against the agreed upon Detail Scope of Work and will determine the reasonableness of approach. Furthermore Gordian or the Participating Entity may compare the Price Proposal to the cost estimate for the Detailed Scope of Work. Gordian or the Participating
Entity reserves the right to reject a
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Price Proposal based on unjustifiable/unsupported (with take off details) quantities and/or Tasks, schedule, inadequate documentation, or for any other reason.
2. If Gordian and/or the Participating Entity finds any part of the Price Proposal unacceptable, Gordian or the Participating Entity may request the Contractor to re‐ submit its Price Proposal or cancel the Project. The Contractor is ex pected to submit correct Price Proposals the first time. Adjustments to the Price Proposal may occasionally need to be made after review by Gordian and the Participating Entity. In that event, Gordian may permit the Contractor to submit the first Price Proposal and a second Price Proposal for each Purchase Order.
3. Additionally, Gordian
and/or the Sourcewell Participating Entity will evaluate all other components of the Proposal Package and may request revisions thereto.
4. Requested revisions to any and all of the Proposal Package components should be made by the Contractor and resubmitted in no more than three working days. If after the second
review by Gordian and/or the Participating Entity, Gordian and/or the Participating Entity finds requested revisions to the Proposal Package that were not made, this may be reason to suspend that particular Purchase Order.
5. Failure by the Contractor to submit Proposal Packages, and revisions thereto, in a timely manner (within ti
me frames described above) is grounds for suspension of all future Purchase Orders.
6. The Participating Entity reserves the right to obtain Price Proposals from any or all of the contractors awarded an IQC contract.
7. If the Contractor continues to submit Price Proposals that are rejected by Gordia n, Sourcewell may declare the Contractor in default and initiate termination of the Contract.
H. DELIVERY OF THE PROPOSAL PACKAGE. After Gordian reaches an agreement with the Contractor on the Proposal Package and any requested revision thereto, if applicable, Gordian will assemble and deliver the Proposal Package for the Participating Entity's consideration.
If the Contractor submits a Proposal Package with inaccurate Adjustment Factors, the Contractor waives all rights to any further compensation above the Purchase Order Price submitted in the Proposal Package.
The Contractor cannot delay submission of the Proposal Package past th e due date to take
advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor must use the Adjustment Factors that would have been in effect without the delay.
I. REVIEW OF THE PROPOSAL PACKAGE BY THE
PARTICIPATING ENTITY AND ISSUANCE OF
PURCHASE ORDER.
1. The Participating Entity will evaluate the entire Proposal Package.
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2. The Participating Entity may reject a Proposal Package for any reason.
3. The Participating Entity may request changes to or clarifications of any part of the Proposal Package. A Participating Entity may also require a certificate of insurance or labor, material payment, or performance bonds. The Contractor and Gordian will work together to make any requested revisions in
a timely manner and resubmit a revised
Proposal Package.
4. Upon approval of the Proposal Package by the Participating Entity, the Participating Entity may issue a signed Purchase Order, Notice of Award, or similar document accepting the Contractor’s offer. The document will include:
a) Referenc
e to the Detail Scope of Work
b) The Purchase Order Price
c) Start date, Purchase Order Completion Time (duration) and completion date d) Whether liquidated damages will apply
5. Once the Contractor accepts the Purchase Order, the Contractor may not refuse to perform the work. Such actions may be grounds for termination of this Contract or other disciplinary action at the option of Sourcewell.
6. If performance and payment bonding is required, or if a separate and/or special insurance certificate is required, the Contractor will deliver such requirement to the Participating Entity within 10 days of notification of the requirement.
7. Within two bu
siness days of receipt of a Purchase Order from an Agency, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.
8. Within two business days of receiving initial payment from an Agency, the Contractor must provide notification to Gor dian of the initial payment by forwarding a copy of the submitted invoice to Gordian.
J. CHANGES TO THE SCOPE OF WORK.
1. The Participating Entity reserves the right to make, in writing, at any time during the work, changes in the Detailed Scope of Work as are necessary to satisfactorily complete the Project, and to delete in whole or in part, or to add to, the Detailed Scope of Work.
Such changes, deletions, or additions will not invalidate the Contract or the Purchase Order nor release the surety, if any, and the Contractor agrees to perform the work as altered.
2. All changes, deletions, and additions to the Detailed Scope of Work will be reflected in a Supplemental Purchase Order developed and priced in accordance with the proc edure for developing and approving all Price Proposals.
K. PUNCH LIST COMPLETION.
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1. The Contractor understands and agrees that time is of the essence in closing out the work of each Purchase Order under this Contract. Upon Substantial Completion of the work, the Punch List will be transmitted to the Contractor from the Participating Entity.
The Contractor agrees to begin performance of Punch List Work immediately af ter receipt of the Punch List.
2. Failure of the Contractor or its Subcontractors to begin the Punch List Work within three business days after receipt of the Punch List will be construed as failure to prosecute the work of the Contract.
3. Punch List Work will be continuously prosecuted once begun and comple ted within 30
Days from the receipt of the Punch List. Should the Contractor fail to complete the Punch List within this period of time, the liquidated damages as identified in by the Participating Entity’s Purchase Order will apply.
L. BONDS: PAYMENT AND PERFORMANCE OR MATERIAL AND WORKMA NSHIP. If required by
the Participating Entity for a particular Purchase Order, the Contractor will deliver a Labor and Material Payment Bond and a Performance Bond in the amount of such Purchase Order. If required by the Participating Entity for a particular Purchase Order, the Contractor will deliver Material and Workmanship Bonds in the amount required by the Participating Entity. The bo nds must be in a form, and executed by a surety, acceptable to the Participating Entity. The bonds must be received before the Notice to Proceed will be issued. The Contractor will be compensated for the cost of the bonds up to 2% of the Work Order Price throu gh the Reimbursable Fee work task in the Construction Task Catalog. The Contractor will apply a 1.1000 Adjustment Factor to the Reimbursable Fee work task rather than applying the Contractor’s competitively bid Adjustment Factor.
M. TERMINATION OF ORDERS. Participating Entities may terminate a Purchase Order, in whole or in part, immediately upon notice to the Contractor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the work
2. Federal or state laws or regulations prohibit the work
3. The Contractor commits any material breac
h of this Contract or Purchase Order
N. PURCHASE ORDER GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s Purchase Order will be determined by the Participating Entity.
V. ADJUSTMENT FACTORS AND PAYMENTS
A. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS. When applicable, the Contractor will be responsible for paying prevailing wages to all workers in accordance with the applicable laws; and the wage rates in the CTC will be the prevailing wage rates. If the state in which the work is located revises its prevailing rate of hourly wages prior to completion of the 26 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
Project, the revised rates will apply to this Contract from the effective date of the revision; however, any such revision will not entitle the Contractor to any increased compensation under the terms of this Contract.
If other wage rates are required by law, the Contractor must pay those wages to all workers in accordance with the applicable laws. If the Purchase Order is perf ormed in whole or in part
using federal funding, then the Davis Bacon Wages for that area will apply.
B. CONSTRUCTION TASK CATALOG (CTC) UPDATE. The CTC issued with this Solicitation will be in effect for the first year of the Contract. On the anniversary of the Contract award date, a new CTC will be furnished. The new CTC will be effective for the following twelve (12) month extension period. The new CTC will only apply to Work Orders issued after the effective date of the app licable contract extension and shall have no impact on Work Orders issued prior to the effective date of the applicable contract extension.
C. ECONOMIC PRICE ADJUSTMENT. Upon request by the Contractor, or upon the initiative of Gordian, the Contractor’s Adjustment Factors may be updated at the time of the periodic extension of this Contract.
1. The Contractor’s Adjustment Factors will be calculated according to the following:
a. A Base Year Index will be calculated by averaging the 12 month Construction Cost Indices for the average of the 20 cities published in th e Engineering News Record for the 12 months immediately prior to the month of the Solicitation (e.g., for an April solicitation, the Base Year Index will be April of the prior year to March of the Solicitation year).
b. A Current Year Index will be calculated by averaging the 12 month Constructio n Cost
Indices for the average of the twenty cities published in the Engineering News Record for the 12 months beginning with the month of anniversary of the Solicitation (e.g., for an April solicitation, the Current Year Index will be April of the prior year to March of the current year).
c. The Economic Price Adjustment will be calcula
ted by dividing the Current Year Index
by the Base Year Index.
d. The Contractor’s original Adjustment Factors will be multiplied by the Economic Price Adjustment to obtain the Contractor’s new Adjustment Factors effective for the next 12 months.
e. Averages will be obtained by summing the 12‐month indices and di viding by 12.
f. All calculations in this article will be carried to the fifth decimal place and founded to the fourth decimal place. The following rules will be used for rounding:
The fourth decimal place will be rounde
d up when the fifth decimal place is five
or greater.
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The fourth decimal place will remain unchanged when the fifth decimal place is less than five.
2. Engineering News Record occasionally revises indices. Engineering News Record’s Construction Cost Indices used in the calculations described above will be those currently published at the time the Economic Price Adjustment calculation is performed.
No retroactive adjustments will be made as
a result of an Engineering News Record
revision. Revised Construction Cost Indices, if any, will be used in subsequent calculations.
D. PARTIAL PAYMENTS.
1. The Contractor may submit a monthly Application for Payment for Work completed to date. The Contractor will submit Certified Payroll Records, and such other supporting documentation as may be required by the Project Manager. The Contractor may be required to submit Certified Payroll Records online. The Project Manager will inspect the work within a reasonable time and the Participating
Entity will make partial payments to the Contractor
based on the approved value of completed work.
2. As permitted by the law or policy of the Participating Entity, the Participating Entity may withhold retainage per purchase order until completion of the Project.
3. The Contractor must promptly pay each Sub
contractor, upon receipt of payment from
the Participating Entity, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor’s portion of the work. The Contractor will, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its sub‐ Subcontractors in a similar manner.
E. FINAL PAYMENTS.
1. The Contractor will notify the Project Manager when the Detailed Scope of Work is complete and ready for final inspection. The Project Manager will promptly make such inspection. If the Project Manager finds the Detailed Scope of Work complete and all final documentation submitted, the Project Manager will notify the Contractor that a final Applicatio
n for Payment may be submitted.
2. The Contractor may then submit a final Application for Payment. The Contractor will submit Certified Payroll Records and such supporting documentation as may be required by the Project Manager. The Participating Entity will make final payment to the Contractor.
3. Acceptance
of final payment by the Contractor, a Subcontractor or material supplier will constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
VI. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. The Contractor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell and Gordian if that person is changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell, Gordian, and Participating Entity inquiries; and Business reviews with Sourcewell, Gordian, and Participating En tities, if applicable.
B. BUSINESS REVIEWS. The Contractor must perform a minimum of one business review with Sourcewell and Gordian per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
VII. CONTRACT ACTIVITY REPORT AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT ACTIVITY REPORT. The Contractor must report contract activity within eGordian and complete all required fields.
The Report must contain the following fields related to Purchase Orders received from Participating Entities:
Participating Entity Name,
Participating Entity’s Complete Address,
Sourcewell Assigned Participating Entity Number,
Brief Description of the work,
Transaction Date,
Total Sales Amount, and
Applicable Sourcewell Contract Number .
B. ADMINISTRATIVE FEE. The Contractor must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell’s contract administrator, Gordian.
If the Contract is utilized by Entities, the Contractor agrees to pay Gordian a 7.50% administrative fee. Unless otherwise agreed with Gordian, Contractor shall make progress payments for the administrative fee in proportion to the percentage of construction completed to be invoiced at milestones reasonably established by Go
rdian. Contractor shall pay all Gordian invoices within thirty (30) days of date of invoice and payment will be sent as specified by Gordian. Administrative Fees not paid by the specified deadline shall bear an interest rate of 1.5% per month until paid.
The Contractor shall keep Gordian reasonably informed of the construction status of each active construction project, which shall include responding to Gordian inquiries regarding construction status within 5 days. Additionally, the Contractor shall:
Within two business days of receipt of a Purchase Order from an Agency, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.
Within two business days of receiving initial payment from an Agency, the Contractor must provide notification to Gordian of the initial payment by forwarding a copy of the submitted invoice to Gordian.
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Sourcewell designates Gordian as its contract administrator. The Administrative Fee payments must be made payable to The Gordian Group and sent to the following address:
The Gordian Group, Inc.
PO Box 74008498
Chicago, IL 60674‐8498
In order to audit this section, Sourcewell or Gordian may request records from the Contractor for all work performed und
er this Contract. If a discrepancy exists between the actual activity and the Administrative Fees paid, Gordian will provide written notification to the Contractor of the discrepancy and allow the Contractor 10 days from the date of notification to resolve the discrepancy. In the event the Contractor does not resolve the discrepancy to the satisfaction of Sourcewell or Gordian, Sou
rcewell or Gordian reserve the right to engage a third party to conduct an independent audit of the Contractor's records. In the event the Contractor is found not to be in compliance with this Contract, the Contractor will reimburse Source well or Gordian for the cost and expense related to such audit.
In the event the Contractor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any bid or proposal submitted by the Contractor to a Sourcewell or a Participating Entity. In the eve nt this Contract is cancelled by
either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
C. TAXES. The Contractor will pay all sales, consumer, use and other similar taxes required by law for which a valid exemption does not exist. If the Contractor is required to pay sales tax on non‐exempt material, equipment, services, or other items purchased in connection with a Purchase Order, the Member will reimburse the Contractor for such tax, without mark‐up, provided the Contractor submits the appropriate documentation therefor
VIII. ADDITIONAL TERMS
A. SURVIVAL OF TERMS. The f
ollowing Articles of these General Terms and Conditions survive the expiration or cancellation of this Contract: III. A, C, O, V, and W; IX; XIII; and XV.
B. ASSIGNMENT. Neither the Contractor nor Sourcewell may assign or transfer any rights, interest, or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement.
C. AMENDMENTS. Any amendment of, including extension to, this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and the Contractor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
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F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master‐servant, or principal‐agent.
G. SEVERABILITY. If the Contract Documents contains any unlawful provision not an essential part of the Contract Documents and which will not appear to have been a controlling or material inducement to the making thereof, the same will be deemed of no effect and will, upon notice by either party, be deemed stricken without affecting the binding force of the remainder.
H. GRATUITIES. As it relates to this Contract, or any of the Contractor’s efforts to secure this Contract or any of the work that may be offered or assigned hereunder, the Contractor is prohibited from offering or giving gratuities or favors, of any form, to Sourcewell, Gordian, or Participating Entities, including any of their representatives or agents.
Sourcewell may immediately cancel this Contract and notify proper authorities in the event Sourcewell det
ermines that the Contractor or any of its agents offered or gave gratuities or favors of any form, including but not limited to: entertainment, gifts, cash, promise or forgiveness, or any other form of gratuity or favor to any employee or agent of Sourcewell, Gordian, or the Participating Entity.
IX. LIABILITY
The Contractor must inde
mnify, save, and hold Sourcewell, Gordian, and Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Contractor or its agents or employees; this indemnification includes injury or death to perso n(s) or property alleged to have been caused by some defect in the work performed and any products provided under this Contract to the extent the work has been used according to its specifications and Project.
X. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accountin g
procedures and practices of the Contractor relevant to this Contract for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. The Contractor must provide verifiable documentation and trac king in a timely manner.
XI. GOVERNMENT DATA PRACTICES
The Contractor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell or Gordian under this Contract, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the Contractor under this Contract.
XII. MARKETING
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A. MARKETING. The Contractor must adhere to the following when preparing marketing materials and web sites, and in the use of trademarks and service marks:
1. The Contractor will include the Sourcewell logo and website address on all marketing materials and web sites that mention this Contract or have any relation to this Contract.
2. The Contractor will include Gordian’s ezIQC logo, website address (www.ezIQC.com), and ezIQ
C® telephone number (888‐993‐9472) on all marketing materials and web sites that mention this Contract.
3. The Contractor is authorized to use Sourcewell’s and Gordian’s names, logos, trademarks, service marks and other provided materials solely for the presentation and promotion of the availability and use of this Contract to Participating Entities.
4. All
publicity and marketing materials must be coordinated with and approved by Sourcewell.
5. The Contractor must not claim that Sourcewell or Gordian endorses its work or services.
6. The Contractor must avoid all conflicts of interest with the promotion of this Contract to any Participating Entity.
XIII. GOVERNING LAW, JURISDICTION, AND VENUE
This Contract,
between the Contractor and Sourcewell, will be governed by Minnesota substantive and procedural law. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
For
any action or claim between the Participating Entity and the Contractor, the governing law and venue will be determined by the Participating Entity accessing this Contract.
XIV. FORCE MAJEURE
Neither party will be held responsible for delay or default caused by acts of God or other conditions that are beyond that
party’s reasonable control. A party delaying or defaulting under this provision must provide the other party prompt written notice of the delay or default.
XV. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then the parties will be relieved of all obligations arising under such provisions. If the r emainder of this Contract is
capable of performance, it will not be affected by such declaration or finding and must be fully performed.
XVI. PERFORMANCE, DEFAULT AND REMEDIES, AND LIQUIDATED DAMAGES
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A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues. The resolution process is as follows:
1. Notification. The Parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, the Parties will jointly develop a short briefing document that describes the issue(s), relevant im
pact, and positions of the Parties.
2. Escalation. If Parties are unable to resolve the issue in a timely manner, as specified above, the Parties may escalate the resolution of the issue to a higher level of management within their organization. The Contractor will have 30 calendar days to cure an outstandi ng issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Contractor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Contractor fails to continue without delay to perform its respon
sibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Contractor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity Purchase Order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non‐defaulting party may:
Exercise any remedy provided by law or equity, or
Terminate this Contract or any portion thereof, including any orders issued against the Contract.
C. LIQUIDATED DAMAGES. The Participa
ting Entity may assess liquidated damages for each day
after the Purchase Order Completion Time in the Detailed Scope of Work is not complete. It is understood and agreed by and between the Contractor, Sourcewell, and the Participating Entity, that time is of the essence in all matters relating to Liquidated Damages.
The liquidated damages will be determined on a Purchase Order by Purchase Order basis.
XVII. INSURANCE
A. REQ
UIREMENTS. At its own expense, the Contractor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State where the Project is located. Participating Entities must follow their own laws and practices regarding insurance requirements; and may require 33 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
additional coverage or limits. Each policy must have an “AM BEST” rating of A‐ or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation in the state in which the Project is located.
Employer's Li
ability Insurance must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. The Contractor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (ISO) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, indepe
ndent contractors, products‐completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Inj
ury
$2,000,000 aggregate for Products‐Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, the Contractor will maintain insurance covering all owned, hired, and non‐owned automobiles in limits of liability not less than indicated below. The coverage must comply with the motor vehicle laws of the state in which the Project is located and apply to the use in connection with the work in the Contract Documents. The terms must be no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$2,000,000 each accident, combined
single limit
4. Umbrella Insurance. During the term of this Contract, the Contractor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. All Risk Builders Risk Insurance. Where specifically required in the Detailed Scope of Work, the Contractor will provide, before th
e Purchase Order is issued, Builders’ Risk
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Insurance in an amount at least equal to the Purchase Order Price in a form and by a carrier acceptable to the Participating Entity. The cost of such Builders Risk Policy will be reimbursed to the Contractor as a reimbursable task.
6. Pollution Liability Insurance. If a Project involves asbestos abatement encapsulation or other activities involving haz
ardous materials, the Contractor, Subcontractor or other party responsible for such work will procure and maintain a liability insurance policy issued to and covering the liability, of the Contractor, Subcontractor or other party engaged in the removal, or handling of hazardous materials, for bodily injury, illness, sickness or property damage
caused by exposure.
Minimum Limits:
$2,000,000 per occurrence
$2,000,000 aggregate.
The cost of Pollution Liability Insurance is included in the Unit Prices and will not be reimbursed separately.
Failure of the Contractor to maintain the required insurance will constitute a material breach entitling Sourcewell to imme diately terminate this Contract for default, or the Participating Entity cancel the Purchase Order for default.
If at any time any of the above‐required insurance policies should be cancelled, terminated, or modified so that insurance is not in effect as above required, then, if Sourcewell will so direct, the Contractor will suspend perform
ance of the work. If the work is suspended, no extension of time to complete the work will be due. If the work is not suspended, then Sourcewell or the Participating Entity may, at its option, obtain insurance affording coverage equal to that above required, the cost of such insuran ce to be payable by the Contractor.
Should the awarded Contractor retain a Subcontractor to perform any of the services mentioned herein, it is the Contractor’s responsibility to ensure that the Subcontractor(s) maintains the same types of insurance coverage in accordance with the requirements and amounts indicated herein.
B. CERTIFICATES OF INSURAN
CE. Prior to commencing under this Contract, the Contractor must furnish to Sourcewell a certificate of insurance, as evidence of the Workers’ Compensation, General Liability, Commercial Automobile, and Umbrella insurance required under this Contract. A Participating Entity may require a Certificate of Insurance as evidence of additional coverages it requires. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Stree t Northeast, P.O. Box 219, Staples, MN 56479 or emailed to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non‐ renewal, or reduction of coverage without 30 days’ prior written notice to the Contractor.
Failure to request certificates of insurance by Sourcewell, or failure of the Contractor to provide certificates of insurance, in no way limits or relieves the Contractor of its duties and responsibilities in this Contract.
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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON‐CONTRIBUTORY INSURANCE CLAUSE. The Contractor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Contractor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of the Contractor, and products and completed operations of the Contractor. The policy provision(s) or endorsement(s) must further provide that
coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self‐insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. The Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self‐insured retentions applicable to the required or any other insurance maintained by the Contractor or its subc
ontractors. Where permitted by law, the Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
XVIII. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
The Contractor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract, Contractor declares ban
kruptcy, the Contractor must immediately
notify Sourcewell in writing.
The Contractor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government; or any Participating Entity. The Contractor cert
ifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. The Contractor further warrants that it will provide immediate written notice to Sourcewell if there is a threat of change to any of these certifications.
XIX. UNITED STATES FEDERAL REQUIREMENTS
From ti
me to time, Participating Entities may use United States federal grant or FEMA funds for work under this Contract and may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entit ies may also require additional requirements based on specific funding specifications.
The following list only applies when a Participating Entity intends to fully or partially fund the Project with United States federal money; and the Contractor will comply with all United States 36 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
federal laws and regulations when working on or completing a Project, including, but not limited to, the following.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60‐
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60‐1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964‐1965 Comp., p. 339), as amended by Executive Order 11375, “Amendi ng Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS‐BACON ACT, AS AMENDED (40 U.S.C. § 3141‐3148). When required by fede ral
program legislation, all prime construction contracts in excess of $2,000 awarded by non‐federal entities must include a provision for compliance with the Davis‐Bacon Act (40 U.S.C. § 3141‐ 3144, and 3146‐3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non‐ federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non‐federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the Uni ted States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to wh
ich he or she is otherwise entitled. The non‐federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis‐Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701‐3708). Where applicable, all contracts awarded by the non‐federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contract or must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsan
itary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby 37 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
incorporated by reference into this Master Agreement. Supplier certifies that during the term of an award for all agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to I nventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all agreements by Sourcewell resulting from this procurement process, Supplier must co
mply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401‐7671q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251‐1387). Contracts and subgrants of amounts in excess of $150,000 require the non‐federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401‐ 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251‐ 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Enviro nmental Protection Agency (EPA).
Supplier certifies that during the term of this Master Agreement will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the na mes of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, decl
ared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI‐LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non‐federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non‐federal award. Suppliers must file all certifications and disc losures required by, and otherwise comply with, the Byrd Anti‐Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after 38 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Master Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.
The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion rel
ating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non‐federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest perc
entage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management serv ices in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier is not to use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre‐approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non‐delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
39 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
XX. CONTRACT SUSPENSION OR TERMINATION
A. Sourcewell may, in Sourcewell’s discretion:
1. Terminate this Contract for any reason upon 60 days’ prior written notice to the Contractor;
2. Suspend the Contractor for violation of the terms of this Contract, and prohibit the Contractor during such suspension from submitting Price Proposals with respect to the Projects of Sourcewell and the Projects of any one or more Sourcewell member; or
3. May immediately terminate the Contract, if the Contractor:
a. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
b. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; c. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or
d. Otherwise is guilty of material breach of a provision of the Contract Documents.
B. In the event of Contract termination, if an unpaid balance of one or more Purchase Orders exceeds the costs of finishing the work, such excess will be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor will pay the difference to Sourcewell.
C. A Participating Entity has no authority to unilaterally terminate this Contract between Sourcewell and the Contractor.
40 Rev. 4/2021 Sourcewell IFB #CA‐101723 Indefinite Delivery‐Indefinite Quantity Construction Contracts in the State of California
Remainder of Page Intentionally Left Blank.
41 Work Order Signature Document
EZIQC Contract No.: CA-R7-HVAC-101723-AES
Simi Valley T
ransit Building AH unit replacement
New Work Order
132301.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
08/20/2024
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Andy Lufkin
(424) 201-0153
Owner Name: City of Simi Valley
Gian Maria Garcia
(805) 583-6700
ACCO Engineered Systems
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell ezIQC Contract No CA-R7-HVAC-101723-AES.
Brief Work Order Description:
AH unit replacement at Transit Building. Contractor to develop full scope of work.
Will not apply:Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: Time of Performance
X
Work Order Firm Fixed Price: $453,300.05
Owner Purchase Order Number:
Approvals
Date DateACCO Engineered SystemsCity of Simi Valley
2.00
8/20/2024
Work Order Signature Document
EXHIBIT B
42 3.00
Detailed Scope of Work
Gian Maria GarciaAndy LufkinTo: From:
ACCO Engineered Systems
888 East Walnut Street
Pasadena, CA 91
101
(424) 201-0153
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
(805) 583-6700
Work Order Number:
August 20, 2024Date Printed:
132301.00
Simi Valley Transit Building AH unit replacementWork Order Title:
Brief Scope: AH unit replacement at Transit Building. Contractor to develop full scope of work.
Revised FinalPreliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
See attached.
Subject to the terms and conditions of ezIQC contract CA-R7-HVAC-101723-AES.
ACCO Engineered Systems Date
DateCity of Simi Valley
8/20/2024
Scope of Work
43 Mechanical Services
323 / 201-0931Voice
800 / 998-2226 Service
323 / 201-3674 Fax
6446 E. Washington Blvd.
Commerce, CA 90040
June 24, 2024
John Willoughby
City of Simi Valley
Maintenance Superintendent
Reference: City of Simi Valley Transit
Subject: Transit Building – AH unit Replacements
Confirming our meeting, job walk and site survey at the above referenced location, ACCO Engineered Systems is pleased to provide pricing for Mechanical Engineering, controls, labor and materials for the installation of two (2) new air handlers to provide both heating and cooling in lieu of the existing two (2) gas heaters and two (2) evaporative coolers currently serving the above referenced location. Each mezzanine contains one (1) gas heater and one (1) evaporative cooler which will be replaced a new handler. Additionally, the stand alone package unit CU-4 will be replaced with a split system of similar tonnage capacity.
The existing AC units have exceeded their service life expectancy and need to be replaced with a more economical solution. The recommended replacement units will have equivalent capacity of existing units and will be installed in the same location. 1) SCOPE OF SERVICES
− Full mechanical design including:
− Furnish engineered design drawings prepared on AutoCAD. − Provide airflow calculations and cfm quantities.
− Title sheet with legend, and abbreviations.
− Mechanical equipment schedule.
− Airflow diagram.
− New equipment and coordination.
− Sections and details.
− HVAC control diagrams.
− Coordination with other trades.
− As-built CAD files.
− Professional Engineer (PE) stamp of all drawings and documentation as required. ➢ Full mechanical installation including:
➢ Lock out and tag out units.
➢ Disconnect all existing ductwork, piping, electrical and controls. ➢ Demo two (2) existing gas heaters, two (2) existing evaporative coolers and one (1) existing package unit.
44 rrerrer
John Willoughby
Ref: Transit Building – Unit Replacements
June 24, 2024
➢ Existing units to be disposed of via the removable louver sections located in the building exterior of both mezzanines.
➢ Please note existing AHU -3 will need to be temporarily removed in order to create a pathway for the removal of the existing units and install of the new units (ACCO cannot guarantee unit will operate properly upon re-install)
➢ Furnish and install two (2) new Dyanmic Air, air handlers (one is each mezzanine) via the removable louver sections.
➢ Furnish and install one (1) new ducted split.
➢ All three (3) condensing unit sections will be installed on the rooftop ➢ Reconnect piping, electrical and controls.
➢ Includes new ductwork connections and flashing as required ➢ Includes detailing and fabrication of all necessary sheet metal and piping revisions. ➢ Includes all necessary rigging including crane lift as required. ➢ System refrigerant charge.
➢ System check, test and start-up.
➢ All work will be performed during the course of normal and off hours. ➢ Materials supplied shall be guaranteed per terms and conditions of the standard manufacturer’s limited warranty provision but in no instance shall such assurances extend for a period of less than one (1) year from date of completion.
ALC Direct Digital Controls Inclusions:
AHU’s (Qty. 2)
➢ Furnish and install BMS Controls for the following items:
➢ Furnish and install controller for each unit with transformer. ➢ Furnish and install (1) Supply Fan S/S and Status per unit. ➢ Furnish and install Cooling and Heating staging.
➢ Furnish and install (1) Supply and Return Temperature Sensor per unit. ➢ Furnish and install (1) Space Temperature Sensor with LCD setpoint adjustment per unit. ➢ Furnish and install Filter Differential Pressure Sensor.
Fan Coil Unit (Qty. 1)
➢ Furnish and install BMS Controls for the following items:
➢ Furnish and install controller for each unit with transformer. ➢ Furnish and install (1) Supply Fan S/S and Status per unit. ➢ Furnish and install Cooling and Heating staging.
➢ Furnish and install (1) Supply and Return Temperature Sensor per unit. ➢ Furnish and install (1) Space Temperature Sensor with LCD setpoint adjustment per unit.
Network Infrastructure
➢ Utilize existing ALC WebCTRL software and server for management of system. 45 rrerrer
John Willoughby
Ref: Transit Building – Unit Replacements
June 24, 2024
o Utilize existing City of Simi Valley IT to provide IP addresses and support to establish connectivity. This is the Owners responsibility to provide remote access to the network.
Other Services Provided
➢ Update Engineering and O & M Documentation
➢ Installation of the above control system including: cable/wire, mounting, and termination where required.
➢ Programming, testing, Trending, Reports and Graphics for each piece of equipment. ➢ 1-year warranty on all parts and labor
3) BID CLARIFICATIONS
GENERAL EXCLUSIONS
• General Contracting work: structural reinforcing or calculations, painting, concrete cutting, patching, concrete and other housekeeping pads, framing, ceiling work, drywall enclosures and rated access doors.
• Detection, abatement, encapsulation or removal of asbestos or products, materials or equipment containing asbestos.
• All Fire Protection work.
• All Life Safety Work. Wiring, relays, panels, duct smoke detectors and conduit. ACCO will install all duct smoke detectors as required.
• Relocation of existing lights, sprinkler pipe and other items necessary for completion of this project.
• Working with a third party.
Thank you for this opportunity to be of service. Feel free to call me with any questions or concerns.
Sincerely,
ACCO Engineered Systems
Robert Alanis
Robert Alanis
Senior Project Manager
Building Services Division
46 4.00
Contractor's Price Proposal - Summary
Owner PO #:
Simi Valley Transit Building AH unit replacement
132301.00
CA-R7-HVAC-101723-AESIQC Master Contract #:
Work Order #:
Title:
Re:
August 20, 2024Date:
Proposal V
alue:
Contractor: ACCO Engineered Systems
$453,300.05
$17,018.58Section - 01 General Requirements
$436,281.47Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$453,300.05
The Percentage of NPP on this Proposal: %
8/20/2024
Contractor's Price Proposal - Summary
47 5.00
Contractor's Price Proposal - Detail
Simi V
alley T
ransit Building AH unit replacement
132301.00
CA-R7-HVAC-101723-AESIQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
August 20, 2024Date:
Proposal Value:
Contractor: ACCO Engineered Systems
$453,300.05
(Excludes)Equip. MaterialLabor
Line TotalDescriptionUOMMod.ItemSect.
Section - 01 General Requirements
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 1 $9,757.92
EA
Installation =x x 9,757.92
FactorUnit PriceQuantity Total
1.00 1.1000 8,870.84
PAYMENT
AND PERFORMANCE BONDS PER SOURCEWELL AGREEMENT 2% OF $443,542.13 = $8,870.84
01 22 23 00 1030 100 To 110 Ton Lift, Cable Controlled Lattice Boom, Truck Mounted Mechanical Crane With Full-Time Operator
2 $4,888.07
DAY
Installation =x x 4,888.07
FactorUnit PriceQuantity Total
3,647.81 1.3400 1.00
Crane for removal and setting of new HVAC equipment
01 71 13 00 0010 >70 T
o 110 Ton Lift Move On/Off Cost, Hydraulic CraneIncludes delivery and pickup.
3 $2,372.59EA
Installation =x x 2,372.59
FactorUnit PriceQuantity Total
1,770.59 1.3400 1.00
Crane set up for removal and setting of new HVAC equipment $17,018.58Subtotal for Section - 01 General Requirements Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) 23 01 30 61 0010 >10 To 12 SF Cross Section, Rework Existing Ductwork4 $63,356.65LF Installation =x x 63,356.65
FactorUnit PriceQuantity Total
157.08 1.3400 301.00
Modifications to existing ductwork to accommodate two (2) new Dynamic Air , air handlers (one is each
mezzanine) via the removable louver sections.
23 09 23 53 0017 EMCS Field TestPriced per point.5 $3,209.03PNT Installation =x x 3,209.03
FactorUnit PriceQuantity Total
119.74 1.3400 20.00
Sunbelt Controls BMS Points to be monitors for new HVAC Equipment 23 09 23 53 0018 EMCS Field Checkout
And StartupPriced per point.6 $3,209.03PNT
Installation =x x 3,209.03
FactorUnit PriceQuantity Total
119.74 1.3400 20.00
Sunbelt Controls BMS Points to be monitors for new HVAC Equipment 23 09 23 53 0019 EMCS Field CommissioningPriced per point.7 $3,209.03PNT Installation =x x 3,209.03
FactorUnit PriceQuantity Total
119.74 1.3400 20.00
Sunbelt Controls BMS Points to be monitors for new HVAC Equipment
8/20/2024
Contractor's Price Proposal - Detail
48 Contractor's Price Proposal - Detail Continues..
Work Order T
itle:
W
ork Order Number: 132301.00
Simi Valley Transit Building AH unit replacement
Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) 23 09 23 53 0086 16 Digital Outputs, 16 Universal Inputs, 0 Analog Outputs Standalone Control Module (Automated Logic M16160)
8 $30,282.54EA
Installation =x x 30,282.54
FactorUnit PriceQuantity Total
7,532.97 1.3400 3.00
Controllers for the following equipment and scope:
AHU’s (Qty. 2)
•
Furnish and install BMS Controls for the following items:
• Furnish and install controller for each unit with transformer. • Furnish and install (1) Supply Fan S/S and Status per unit .
• Furnish and install Cooling and Heating staging.
• Furnish and install (1) Supply and Return Temperature Sensor per unit. • Furnish and install (1) Space Temperature Sensor with LCD setpoint adjustment per unit . • Furnish and install Filter Differential Pressure Sensor.
Fan Coil Unit (Qty. 1)
• Furnish and install BMS Controls for the following items:
• Furnish and install controller for each unit with transformer. • Furnish and install (1) Supply Fan S/S and Status per unit. • Furnish and install Cooling and Heating staging.
• Furnish and install (1) Supply and Return Temperature Sensor per unit. • Furnish and install (1) Space Temperature Sensor with LCD setpoint adjustment per unit . 23 09 23 53 0094 Air Flow Sensor And Damper Actuator Accessory For ZN341V+ Or ZN141V+ (Automated Logic ZASF)
9 $8,714.64
EA
Installation =x x 7,834.74
FactorUnit PriceQuantity Total
1,948.94 1.3400 3.00
Demolition x x = 879.90 218.88 1.3400 3.00
air flow sensors for the new hvac equipment
23 31 13 13 0004 Seal Class B, Rectangular Or Square, Galvanized Steel Sheet Metal Ductwork10 $37,260.58LB Installation =x x 30,481.22
FactorUnit PriceQuantity Total
11.78 1.3400 1,931.00
Demolition x x = 6,779.35 2.62 1.3400 1,931.00
new ductwork connections and flashing as required as well as dampers
8/20/2024
Contractor's Price Proposal - Detail
49 Contractor's Price Proposal - Detail Continues..
Work Order T
itle:
W
ork Order Number: 132301.00
Simi Valley Transit Building AH unit replacement
Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) 23 73 13 00 0060 5,500 CFM Multizone Air Handling Unit, Built-Up, Horizontal / Vertical, Draw-Through Fan
11 $33,851.68EA
Installation =x x 30,424.45
FactorUnit PriceQuantity Total
22,704.81 1.3400 1.00
Demolition x x = 3,427.24 2,557.64 1.3400 1.00
5,400 MU-1
Each Unit includes:
- Unit is constructed in sections
- Structural steel channel base
- Double wall, Galvanized construction with 2” thick, 1.76# Density fiberglass insulation - Access Doors/Panels will be same construction as unit - Unit Interior and exterior painted with two component polyurethane paint - 2” MERV 8 filters (single set)
-
Direct driven Plenum fan with ODP Motor and internal spring isolation , 480V - DX Coil with Galvanized steel casing, aluminum fins, and copper tubes o Coil section will have 304 SST drain pan
- Modulating Heatco Gas Heater with 409 SST Heat Exchanger - Unit will have NEMA 3R rated enclosure housing a non fused disconnect switch, necessary overload protector, step down
transformer, circuit breakers, relays and terminal strip for interfacing with controls - NEMA 12 ABB mounted and wired at factory.
23 73 13 00 0060 0197 For Economizer, Panel, Controls And Damper(s), Add12 $3,699.10 EA
Installation =x x 3,699.10
FactorUnit PriceQuantity Total
2,760.52 1.3400 1.00
23 73 13 00 0060 0276 For Combination Filter Mixing Box And Throwaway Filters, Add13 $6,871.36
Installation =x x 6,871.36
FactorUnit PriceQuantity Total
5,127.88 1.3400 1.00
23 73 13 00 0060 0351 For Direct Expansion Cooling Coil, Aluminum Fins, Add14 $23,953.14 Installation =x x 23,953.14
FactorUnit PriceQuantity Total
8,937.74 1.3400 2.00
23 73 13 00 0060 0375 For 2 Coils, Independent Circuits, Add15 $3,552.97 Installation =x x 3,552.97
FactorUnit PriceQuantity Total
2,651.47 1.3400 1.00
23 73 13 00 0060 0461 For Medium Capacity Filter Box And Throwaway Filters, Add16 $5,448.11 Installation =x x 5,448.11
FactorUnit PriceQuantity Total
4,065.75 1.3400 1.00
8/20/2024
Contractor's Price Proposal - Detail
50 Contractor's Price Proposal - Detail Continues..
Work Order T
itle:
W
ork Order Number: 132301.00
Simi Valley Transit Building AH unit replacement
Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) 23 73 13 00 0063 7,000 CFM Multizone Air Handling Unit, Built-Up, Horizontal / Vertical, Draw-Through Fan
17 $42,436.22EA
Installation =x x 38,146.12
FactorUnit PriceQuantity Total
28,467.25 1.3400 1.00
Demolition x x = 4,290.10 3,201.57 1.3400 1.00
7,000 CFM AHU
Each Unit includes:
- Unit is constructed in sections
- Structural steel channel base
- Double wall, Galvanized construction with 2” thick, 1.76# Density fiberglass insulation - Access Doors/Panels will be same construction as unit - Unit Interior and exterior painted with two component polyurethane paint - 2” MER
V 8 filters (single set)
- Direct driven Plenum fan with ODP Motor and internal spring isolation , 480V - DX Coil with Galvanized steel casing, aluminum fins, and copper tubes o Coil section will have 304 SST drain pan
- Modulating Heatco Gas Heater with 409 SST Heat Exchanger - Unit will have NEMA 3R rated enclosure housing a non fused disconnect switch, necessary overload protector, step down
transformer, circuit breakers, relays and terminal strip for interfacing with controls - NEMA 12 ABB mounted and wired at factory.
23 73 13 00 0063 0197 For Economizer, Panel, Controls And Damper(s), Add18 $4,374.36 EA
Installation =x x 4,374.36
FactorUnit PriceQuantity Total
3,264.45 1.3400 1.00
23 73 13 00 0063 0276 For Combination Filter Mixing Box And Throwaway Filters, Add19 $8,617.61
Installation =x x 8,617.61
FactorUnit PriceQuantity Total
6,431.05 1.3400 1.00
23 73 13 00 0063 0351 For Direct Expansion Cooling Coil, Aluminum Fins, Add20 $30,043.23 Installation =x x 30,043.23
FactorUnit PriceQuantity Total
11,210.16 1.3400 2.00
23 73 13 00 0063 0375 For 2 Coils, Independent Circuits, Add21 $8,910.04 Installation =x x 8,910.04
FactorUnit PriceQuantity Total
3,324.64 1.3400 2.00
23 73 13 00 0063 0461 For Medium Capacity Filter Box And Throwaway Filters, Add22 $6,832.83 Installation =x x 6,832.83
FactorUnit PriceQuantity Total
5,099.13 1.3400 1.00
8/20/2024
Contractor's Price Proposal - Detail
51 Contractor's Price Proposal - Detail Continues..
Work Order T
itle:
W
ork Order Number: 132301.00
Simi Valley Transit Building AH unit replacement
Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) 23 81 26 16 0009 16 Ton R2-Series Outdoor Unit (Mitsubishi PURY-P192YSKMU-A)23 $46,505.10EA Installation =x x 46,505.10
FactorUnit PriceQuantity Total
34,705.30 1.3400 1.00
15 Ton Unitary Split Systems Outdoor
Make:
Trane
Model: TBD
15 Tons
Dual Compressors / Dual Circuit
Cooling (TTA)
R-410A Refrigerant
208-230/60/3
Generation B (2023 DOE)
Symbio (Cooling)
STD Coil w/ Guards
23 81 26 16 0011 20 Ton R2-Series Outdoor Unit (Mitsubishi PURY-P240YSKMU-A)24 $51,966.98 EA
Installation =x x 51,966.98
FactorUnit PriceQuantity Total
38,781.33 1.3400 1.00
20 Ton Unitary Split Systems Outdoor
Manufacture:
Trane
Model: TBD
20 Tons
Dual Compressors / Dual Circuit
23 81 49 00 0007 4 Ton, 14 SEER, Outdoor Heat Pump UnitPrecharged with refrigerant capable of charging the system with a 20' length of piping.
25 $7,518.45
EA
Installation =x x 7,518.45
FactorUnit PriceQuantity Total
5,610.78 1.3400 1.00
Furnish and install one (1) new ducted split.
This is for the outdoor unit
23 81 49 00 0018 4 Ton Indoor Section Split Heat Pump Packaged Unit , Horizontal Upflow With
10 KW Electric Heat
26 $2,458.79EA
Installation =x x 2,458.79
FactorUnit PriceQuantity Total
1,834.92 1.3400 1.00
Furnish and install one (1) new ducted split.
This is for the indoor unit
$436,281.47
Subtotal for Section - 23 Heating, Ventilating, and Air-Conditioning (HVAC) Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$453,300.05
The Percentage of NPP on this Proposal: %
8/20/2024
Contractor's Price Proposal - Detail
52 Subcontractor Listing
132301.00
Simi V
alley T
ransit Building AH unit replacement
CA-R7-HVAC-101723-AESIQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
August 20, 2024Date:
Proposal Value:
Contractor: ACCO Engineered Systems
$453,300.05
%DutiesName of Contractor Amount
ACCO Engineered Systems Insulation 1.32$6,000.00
Baker Electric electrical work 3.31$15,000.00
Hill Crane crane 1.32$6,000.00
Sunbelt Controls BMS Controls 7.94$36,000.00
6.00
8/20/2024
Subcontractor Listing
53