RPVCCA_SR_2010_04_06_03_Generator_InstallationCfTYOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
RAY HOLLAND,DIRECTOR OF PUBLIC WORKS ~
APRIL 6,2010
POWER GENERATOR SYSTEM INSTALLATION PROJECT
AT PT.VICENTE INTERPRETIVE CENTER &HESSE PARK
CAROLYN LEHR,CITY MANAGER o5L.
Siamak Motahari,Senior Engineer :71l
RECOMMENDATION
1.Approve Plans and specifications for the subject project.
2.Award a construction contract for Power Generator System Installation at Point Vicente
Interpretive Center (PVIC)and Hesse Park to R &H Industries dba Best Electric in the
amount not to exceed $139,465 for the total base bid and authorize staff to spend an
additional 10%($13,946)for potential change orders which may result from unforeseen
conditions for a total authorization of $153,411.
3.Authorize the Mayor and City Clerk to execute the construction contract with Best Electric.
BACKGROUND
Currently PVIC and Hesse Park buildings are not equipped with emergency power generator
systems.Both of these sites are routinely booked for private or public events and programs
throughout the year.In addition to public events,PVIC houses critical IT infrastructure with
limited back up power through an uninterrupted power support (UPS).The City Council and
Planning Commission meetings are scheduled at Hesse Park twice a month each.Because of
the importance of keeping these sites operational in the event of an emergency or a planned
power outage,the City Council allocated a budget for the planning and design of the emergency
power generator systems at these two sites.A consultant was hired in April 2009 to update
current power loads,service requirements,and determine a reasonable allowance for surges in
the electrical systems.Based on the data the consultant provided a design for the electrical
distribution system,in compliance with current code requirements.This analysis resulted in
providing a 70 KW power generator and a 500 Gallons liquid propane gas tank for each site.
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The gas tanks will be installed above ground and will provide fuel for the generators for 48 hours.
DISCUSSION
The project was advertised and sealed bids were received and opened at 11 :00 a.m.on
January 26,2010.Best Electric is the lowest bidder.The lowest total base bid was $65,690
under the engineer's total base bid estimate of $205,155.The following table summarizes
the bids received:
pVle &Hesse Park Generator System Installation
~fii:&j@ffi%[¥jfAtJ•••If.Mif£Aflt;t$N !~,.~:.;:""::'.'.lit
R&H Industries dba Best Electric $139,465.00
CE Power Svstems $145,750.00
Calif.Build.Evaluation $150,000.00
Action Contractors Inc.$174,675.00
Gammill Electric Inc.$184,585.00
Uniaue Performance Construction $185,000.00
Malcon Civils Inc.$190,000.00
Tamang Electric Inc.$199,880.00
Western Group Inc.$207,000.00
Fore EnQineerinQ &Construction Inc.$224,900.00
Mel Smith Electric Inc.$226,000.00
C.G.Construction Inc.$236,824.00
U.S.Dash Construction Inc.$239,400.00
Advanced Contractors Inc.$240,604.00
Staff verified Best Electric references and found that they have performed satisfactory work
on their previous jobs.Best Electric possesses General Contractor's Class A,Band C-10
license which are current.Best Electric has submitted their required bid bond and bid
documents.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
construction project.This alternative will delay the project by approximately three months and
may not result in obtaining lower bids.
CONCLUSION
Adopting staff's recommendations will result in completing the PVIC and Hesse Park
Generator System Installation project.Construction is expected to be completed in August
2010.
FISCAL IMPACT
The recommended action will result in a maximum total construction expenditure of
$153,411.Funds for this expenditure are already allocated in the FY 09-10 Environmental
Excise Tax (EET)budget and therefore no budget adjustment is required.The future
operating cost including the manufacturer's testing and inspection and cost of propane gas
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used for weekly operational testing is estimated to be $4,000 annually.The permanent
addition to annual staff hours including a maintenance worker,maintenance superintendent
and an engineer will be a total of 23 hours.
The City Attorney has reviewed and approved the attached construction contract form.
Attachment:Construction Contract Form
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AGREEMENT FOR POWER GENERATOR SYSTEM INSTALLATION AT POINT
VICENTE INTERPRETIVE CENTER (PVIC)AND HESSE PARK
THIS AGREEMENT ("Agreement")is made and entered this day of
______,2010,by and between the City of Rancho Palos Verdes,hereinafterreferred
to as "City,"and R&H Industries d.b.a.Best Electric,hereinafter referred to as "Contractor."
IN CONSIDERATION of the mutual covenants hereinafter set forth,the parties hereto
agree as follows:
1.§f?Qpe QfWork.Contractor shall construct and install all ofthe work and provide
the labor,materials,necessary tools and expendable equipment fot the project identified as
"Power Generator System Installation at Point Vicente IntefPretive Center (PVle)and Hesse
Park,"as described in the Plans and Specifications (including the Notice Inviti.ngS~edaids,
Instructions toBidders,Proposal documents,General Provisions,Special Provisions,and
Technical Provisions),attached hereto as Exhibit "A"and incorporated herein by this reference.
Such work shall be pl:lrformed in a good and workmanlike manner,under the terms as stated
herein and inihe Plans and Specifications,and in accordance with the latl:lstedition of the Joint
Cooperathre Committee,Southern California Chapters ofthe Americanpu.blic Works
Associationalld the Associated General Contractors of America's document entitled "Standard
Specifications,"which is incorporated herein by this reference.
2.Compensation.
A.Maximum Obligation.For tbe Work described in Section 1 oft11is
Agreement,Contractor shall receive the sum of$139,465.Contractor agrees that the City'.s
maximum obligation for Contractor's performance of this Agreement shall not exceed $139,465,
unless the Director ofPub He Works or his or her designee requests changeol'ders pursuant to
Article 3 of this Agreement.
B.Progress PaYments.Contractor shall be paid according to Contractor's
Bid Sheet,attached hereto as Exhibit "B"and incorporated herein by this reference.Contractor
shall deliver to City itemized invoices for payment in such detail as required by City.Within
sixty (60)days after receipt of a properly submitted and correct applioation for payment,City
shall make payment to Contracto.r.In connection with each progress payn.1ent,City may retain
ten percent (1 0%)of all sums otherv.;ise due to Contractor for work perfonned.
C.Representations.By submitting a payment invoice,Contractor represents
to City that:(i)to the best of Contractor's knowledge,information and belief,the work has
progressed to the point indicated;(ii)the quality of the portion ofthe work covered by the
invoice is in aocordance with this Agreement;and (iii)Contractor is entitled to payment in the
amount requested.
D.PaYment of Subcontractors.Contractor shall pay each subcontractor from
payments received from City,and Contractor's payments to subcontractors shall be made
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promptly after receipt of payment from City.City shall have no obligation to pay a
s'llbcontractor except as required by law.
E.Contractor's Warranties.Contractor warrants that:(i)the portions ofthe
work,materials and equipment covered by a previous payment invoice are free and clear of liens,
claims,security interests or encul'ubrances;and (ii)no portion of the work,materials or
equipment covered by a payment invoice will have been acquired by Contractor,or any other
person performing work or furnishing materials or equipment for the work,subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the seller or
otherwise imposed by Contractor or sueh other person.
F.Final Paymli\nt.Neither final payment nor the retention shall become du,e
until Contractor submits to City all of the following:(i)a release in a fOrmat satisfactory to City
of all claims aaainst the City under or arising out ofthis Agreement,except for thQsepreviously
made in writing;(ii)a certificate that all insurance required by this Agreement was in force
throughout the.full term of the Agreement;and (iii)ifrequited by City,other data establishing
payment or satisfaction ofobligations such as receipts,releases and waivers of Hens.
3.Ghange Order§.The Director ofPl1blic Works or his or her designee may request
change orders in writing on behalf of the City,and Contractor shall perform those change orders.
City shall pay Contractor in accordance with Exhibit "B,"up to a total additional amoU:fit of
$13,.946 over the total compensation in Article:2 ofthis Agreement (not to exceed Ii total of
$153,411).All payments for change orders shall otherwise adhere to the prooedures,
representations and warranties in Arti-ele 2.
4.Corrections.
A.Correction ofWgrk.Contractor shall promptly correct any portion 6fthe
work that is l'ejeeted by City or that is known by Contractor to be defective or failing to conform
to the Agreement,whether or not fabricated.installed or completed.Additionally,Contractor
shall correct any portion of the work found to be defeotive or nonconforming within Ii period of
one (l)year after the date of completion,or within such longer period provided by any
applicable special warranty in the Agreement.
B.No Litnitatign.This Article shall not be construed to establish a period of
limitation with respect to other obligations of Contractor under this Agreement.Article 4(A)
relates only to the specific obligation of Contractor to correct the work,and has no relationship
to the time within which the obi igati 011 to comply with the Agreement may be sought to be
enforced,nor to the time within which prooeedings may be commenced to establish Contractor's
liability with respect to its obligations other than correction of the work.
5.Prevailing Wages.The City and Contractor acknowledge that the Project is a
"pUblic work"to whiChprevaiHng wages apply.The City ColJliqil of the City has beenprovid~d
with a determination of the prevailing rates ofper diem wages and thegen~al rate fQrholiday
and overtime work for each craft,classifioation,or type of worker applicable to the Project,
which is on file in the Office of the City Clerk of the City,copies of which may be obtained at
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9.Default 9£Con'tmotor.
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C.All bonds furnished pursuant to this Article shall be in the fonn ~proved
by the City AttorneY and executed by a surety company or companies admitted in the State of
California ("State")and satisfactory to the City,in the amount of one-h'llndred percent (100%)of
the Agreement.
14.Audit.The City or its representative shall have the option ofinspecting and/or
auditing all records and other written materials used by Contractor in preparing its billings to the
City as a condition preoedent to any payment to Contractor.Contractor will promptly furnish
documents requested by the City.Additionally.pursuant to Government Code Section 8546.7 1
Contractor shall be subject to State Auditor examination and audit at the request of the City or as
part of any audit of the City,for a period ofthree (3)years after final payment under this
Agreement.
15.Tax~s.Contractor shall calculate payment for all sales.unemployment,old age
pension and other taxes imposed by local,State and federal law.These payments are included in
the total bid amounts in the Plans and Specifications.
16.!llCQl!§i§Wncy.If there is any inconsistency between this Agreement and any
incorporated document,the terms of the Agreement shall govern.
17.Legal Action.Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance ofthis Agreement shall be controlled by and
construed under the laws ofthe State of California,excluding California's choice of law rules.
Venue for any such action relating to this Agreement shall be in the Los Angeles County,
California.
18.A1;tomey's Fee§.If any legal action or Q:ther prooeeding,incllJding action fur
declaratory relief,is brought for the enforcement of this Agreement or because ofan alleged
dispute,breach,d,efault or misrepresentation in connection with this Agreement,the prevailing
part)'shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
19.Contractor's lru:Um$!l}dentJpvestigation.No plea ofigno:canoe of conditions that
exist or that may hereafter exist or of conditions of difficulties that maybe encountered in.the
execution of the work under this Agreement,as a result of failure to make the necessary
independent examinations and investigations,and no plea ofreliance on initial investigations or
reports prepared by City for purposes ofletting this Agreement out to proposal will be accepted
as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all
requirements oftms Agreement,nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
20.Prohibited Interests.No officer or employee of the City shall have any financial
interest,director indirect,in this Agreement,the proceeds thereof,tbeCantractor,or
Contractor's subcontractors for this project,during his or her tenure or for one year thereafter.
The Contractor hereby warrants and represents to the City that no officer or employee of the City
has any interest,whether contractual,non-contractual,financial or otherwise,in this transaction,
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26.Required Provisions Deemed Inserted.Each and every provision oflaw and
clause required by law to be inserted in the Agreement or Plans and Specifications shall be
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deemed to be inserted,and the Agreement or Plans and Specifications shall be read and enforced
as though such provisions were included.If through mistake or otherwise any such provision is
not inserted,or is not correctly inserted,then upon application ofeither party,the Director of
Public Works or his or her designee shall promptly amend the Agreement or Plans and
Specifications to make such insertion or correction.
27.No Third Party Beneficiary.This A.greement is not intended or designed to create
any benefitot right for any person or entity ofany kind that is not a party to this Agreement.
28.Non~)¥;giver of Terms,Rights and Remedies.Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver ofany
other condition of performance under this Agreemlilnt.In no event shallth.e making by the City
ofany payment to Contractor constitute or be construed asa waiver by the City of any breach of
covenant,or any default which may then exist on the part of Contractor,and the making ofany
such payment by.the City shall in no way inlpair 01'prejudice any right orremedy:availa.ble to the
City with regard to such breach or default
29.Severability.lfany term or portion of this Agreement is held to be invalid,
illegal,or otherwise unenforoeable by a court of competent jurisdiction,the remaining provisions
oftnis Agreement shall continue in full force and effect.
30.Notice.Except as otherwise required by law,any notice,request,direction,
demand,payment,oonsent,waiver,approval or other oommunication tequitedor petmitted to be
given hereunder shall not be effective unlessitis.given in writing andshaU be delivered (a)in
person or (b)by certified mail,postage prepaid,and addressed to the pwties at the addresses
stated below,or at such other address as either party may hereafter notify the other in writing as
aforementioned:
To CITY:
Mr.Ray Holland,Director ofPubBc Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONTRACTOR:
Name &Title:_
Contractor Finn:_
Address:_
Address:_
A party may change its address by giving written notice to the other party.Thereafter,any
notice or other communication shall be addressed and transmitted to the new address.If sent by
mail,allY notice,tender,demand,delivery or other communication shall be deemed effective
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three (3)business days after it has been deposited in the United States mail.For purposes of
communicating these time frames,weekends and federal,State,religious,County of Los Angeles
or City holidays shall be excluded.No communication via facsimile or electronic mail shall be
effective to give any such notice or other communication hereunder.
IN WITNESS WHEREOF,the parties hereto have executed the within
Agreement the day and year first above written.
Dated:MAf<VH ~q.2010
Dated:_
ATTEST:
BY:~------
CITY CLERK
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CONTRACTOR
BY:~~
/
Printed Name:J(>yI Hee.f2~.
Title:Pv-e4?i deV\t
BY:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES,
A Municipal Corporation
BY:_
MAYOR
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