HomeMy WebLinkAbout16 - Emergency Power Controls for Generator Remoodel Building 4 ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Utilities Director
949 - 644 - 3011, gmurdoch(a)newportbeachca.gov
SUBJECT: APPROVAL OF CONTRACT WITH EMERGENCY POWER
CONTROLS, INC. FOR THE GENERATOR REMODEL BUILDING 4 (C -4230)
PROJECT
RECOMMENDATIONS:
Approve Professional Services Agreement with Emergency Power Controls, Inc.
for the Generator Remodel Building 4 (C -4230) Project and authorize the Mayor
and City Clerk to execute the Agreement.
2. Approve staff to encumber an amount of $5,640 (15% of Total Bid) for
service contingency.
DISCUSSION:
Per the City of Newport Beach Purchasing Guidelines, the Utilities Department is
required to solicit at least three (3) project proposals prior to awarding a contract. A
Request for Proposal (RFP) packet with one (1) set of permitted plans were distributed
to six (6) recommended contractors on January 7, 2010. The RFP packet did not
include an Engineer's Estimate, as it is not required under the guidelines in which this
project was bid. On January 25, 2010, the Utilities Department received the following
proposals for the project:
BIDDER TOTAL BID
Low Emergency Power Controls, Inc. $36,400
2 Global Power Group, Inc. $42,300
3 Gammill Electric, Inc. $44,699
4 Integral Engineering Services, Inc. $107,250
Although the Utilities Department has not previously worked with the low bidder, their
references give the department confidence in their performance, pricing and attention to
Generator Remodel Building 4 — Award of Contract No. 4230
June 8, 2010
Page 2
detail. Emergency Power Controls, Inc. currently works closely with other public
agencies and have been highly recommended.
The purpose of the project is to automatically provide the Utilities Yard (Yard) with
power during emergencies and power outages. The generator enables access through
the Yard gates and garage door for better response time during emergencies.
Additionally, the generator is required for the full utilization of the Utilities' Department
Operations Center (DOC) as it is equipped with computers, printers, and a fax machine
that will increase Staff communication with the Emergency Operations Center (EOC).
Access to computer equipment will enable Staff to assess damages using the Water
system, a software that contains information on all of the City's water, wastewater and
electrical infrastructure. The current process requires qualified Staff to manually
connect the generator, a task that could take up to one hour.
The project consists of the connection of an automatic transfer switch, installation of
conduits and wires, installation of a generator plug pedestal, and some minor striping to
designate the generator's new location. Although the generator will be constantly
connected to the automatic transfer switch, the unit will remain on the existing trailer so
that it can be utilized at other offsite locations when necessary.
Environmental Review:
This project is exempt from environmental review under Section 15301 of the CEQA
Guidelines pertaining to the maintenance of existing facilities.
Public Notice:
No public notices required.
Fundinq Availability:
There are sufficient funds available in the following accounts for the project:
Account Description
Utilities Facilities Maintenance Program
Utilities Facilities Maintenance Program
Utilities Facilities Maintenance Program
Proposed uses are as follows:
Account Number
5300 -8197
5500 -8197
5600 -8197
Amount
$5,200.27
$27,757.75
$72,234.81
Vendor Purpose Amount
Emergency Power Controls, Inc. Service Agreement $36,400
Emergency Power Controls, Inc. Service Contingency $5,640
Total: $41,860
Generator Remodel Building 4 — Award of Contract No. 4230
June 8, 2010
Page 3
Prepared by: Submitted by:
SIGNATURE SIGNATURE
Kathryn6 Ceballos, Jr. Civil Engineer eor M4 doch, Utilities Director
Attachments: Purchase and Installation Contract with Attachments
CONTRACT WITH EMERGENCY POWER CONTROLS, INC.
FOR GENERATOR REMODEL AT UTILITIES YARD BUILDING 4
THIS CONTRACT is made and entered into as of this 8th day of June, 2010, by and between
the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "),
and EMERGENCY POWER CONTROLS, INC., a California Corporation, whose principal place
of business is 3940 Prospect Avenue, Suite N, Yorba Linda, California, 92886 ( "Contractor "),
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning to connect a portable generator at the Utilities Yard to an automatic
transfer switch (to be furnished by City and installed by Contractor) that will be stored in
Building 4 at the Utilities Yard. The purpose of this remodel is to wire the generator to
automatically turn on during emergencies. However, the type of installation allows for
the portable generator to be used at offsite locations when necessary.
C. City desires to engage Contractor to: 1) install a new automatic transfer switch
(furnished by City), 2) install a generator plug pedestal, and 3) run all necessary
conduits and electrical wiring as described on the design drawings C -4230 ( "Project').
Contractor has agreed to complete the Project over thirty (30) business days,
commencing upon receipt of the "Notice to Proceed."
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, and is familiar with all
conditions relevant to the performance of Services and has committed to perform all
work required for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Contractor shall perform all the Services described in
the Scope of Work and Proposal attached hereto as Exhibit A, and incorporated herein
by this reference ( "Work" or "Services "). As a material inducement to the City entering
into this Contract, Contractor represents and warrants that Contractor is a provider of
first class Work and Contractor is experienced in performing the Work contemplated
herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the Work required hereunder
and that all materials will be of good quality. For purposes of this Contract, the phrase
"highest professional standards" shall mean those standards of practice recognized by
one or more first -class firms performing similar Work under similar circumstances.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Contract and
Contractor shall complete the Work in thirty (30) business days to commence upon
issuance of the Notice to Proceed. The failure by Contractor to meet this deadline may
result in termination of this Contract by the City. The term of this Contract shall extend
to May 31, 2011, unless terminated earlier as set forth herein.
3. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Thirty Six Thousand Four Hundred Dollars and no /100 ($36,400.00).
Contractor shall not receive any additional compensation unless approved in advance by
the City in writing. The City shall make progress payments as the Project Work
proceeds based on the percentage of Project work completed. The cost of materials
and equipment delivered and suitably stored at the Utilities Yard for subsequent
incorporation in the Project work shall be included in progress payments. City shall pay
Contractor no later than thirty (30) days after approval of the progress invoice by City
staff.
Notwithstanding any other provision of this Contract, when payments made by City equal
ninety percent (90 %) of the maximum amount provided for in this Contract, no further
payments shall be made until City has accepted the final work under this Contract.
4. ADMINISTRATION
This Contract will be administered by the Utilities Department. Junior Civil Engineer,
Kathryne Ceballos, shall be the Project Administrator and shall have the authority to act
for City under this Contract. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Contract. Any deviation from the materials
described in Exhibit A shall not be installed unless approved in advance by the
Project Administrator.
5.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the Services required by this Contract, and that it will perform all
Services in a manner commensurate with highest professional standards. All
Services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
Emergency Power Controls, Inc. Page 2
of any person as a result of Contractor's performance of the Services required
hereunder; or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subcontractors, or its workers, or
anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or
the Work of any subcontractor or supplier selected by the Contractor.
6.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Contract, any work performed or
Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the
Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Contract. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
6.4 Contractor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other Work areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project Work.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as
aforesaid.
6.6 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
Emergency Power Controls, Inc. Page 3
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
8. COOPERATION
Contractor agrees to Work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
9. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract, policies of insurance of the type and amounts described below and in a
form satisfactory to City.
A. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all
times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractor's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A-
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least One Million Dollars and no 1100 ($1,000,000.00)) for
Contractor's employees in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the State of
California, Section 3700 for all of the subcontractor's employees.
Any notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (ten (10) calendar
days written notice of non - payment of premium) prior to such change.
Emergency Power Controls, Inc. Page 4
Contractor shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of City, its officers, agents, employees and
volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than One Million Dollars and no /100
($1,000,000.00) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than One Million Dollars and no /100 ($1,000,000.00) combined
single limit for each accident.
D. Other Insurance Provisions or Requirements
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this Contract shall be endorsed to waive subrogation against City, its elected
or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
ii. Enforcement of Contract Provisions. Contractor acknowledges and agrees that
any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of
any type.
iv. Notice of Cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with thirty (30) days notice of cancellation
(except for nonpayment for which ten (10) days notice is required) or nonrenewal
of coverage for each required coverage.
v. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suts instituted that arise out of or result from Contractor's
performance under this Contract.
vi. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the Work.
Emergency Power Controls, Inc. Page 5
10. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth in this Contract and in the
form attached hereto as Exhibit B which is incorporated herein by this reference; and a
Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Contract in the form attached hereto as
Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty.
The Contractor shall deliver, within 10 days after execution of the Contract and prior to the
commencement of any work, the Labor and Materials Payment Bond and Faithful
Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or
Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to
transact surety insurance in the Sate of California.
11. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under
the Contract shall be paid to all workmen employed on the work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained
the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the Contract. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
12. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
Emergency Power Controls, Inc. Page 6
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Contract, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract
shall be given in writing, to City by Contractor and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof in the
United States mail, postage prepaid, first -class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at:
Attn: Kathryne Ceballos
Utilities Department
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3014
Fax: 949 - 646 -5204
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Patrick Carolan
Electric Power Controls, Inc.
3940 Prospect Avenue, Suite N
Yorba Linda, CA 92886
Phone: 714 - 920 -1112
Fax: 714 - 579 -8783
Emergency Power Controls, Inc. Page 7
16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Contract at the time and in the manner required, that party shall be deemed in default in
the performance of this Contract. If such default is not cured within a period of two (2)
calendar days, or if more than two (2) calendar days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Contract forthwith by giving to the defaulting party written notice
thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Contract at any time by giving seven (7) calendar days
prior written notice to Contractor. In the event of termination under this Section, City
shall pay Contractor for Services satisfactorily performed and costs incurred up to the
effective date of termination for which Contractor has not been previously paid. On the
effective date of termination, Contractor shall deliver to City all materials purchased in
performance of this Contract.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed
to be a waiver of any subsequent breach of the same or any other term, covenant or
condition.
19. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and Contracts
of whatsoever kind or nature are merged herein. No verbal Contract or implied
covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the
Scope of Services, the terms of this Contract shall govern.
21. AMENDMENTS
This Contract may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is to
Emergency Power Controls, Inc. Page 8
be performed, and has taken into consideration these factors in submitting its Project
Proposal and Scope of Work.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it
and any action brought relating to this Contract shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
24. INTERPRETATION
The terms of this Contract shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Contract or any other rule of construction which might otherwise apply.
25. WARRANTY
Contractor agrees that all materials installed pursuant to this Contract shall be covered
by a one year wear warranty as outlined in the Warranty Information, attached hereto as
Exhibit D and incorporated in full by this reference.
Emergency Power Controls, Inc. Page 9
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
BX
O Mulvihill,
Acting City Attorney
for the City of Newport Beach poc sltvlt®
ATTEST:
go
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A California Municipal Corporation
By:
Keith D. Curry,
Mayor
for the City of Newport Beach
CONTRACTOR: EMERGENCY POWER
CONTROLS, INC., a California Corporation
By:
Name: Patrick Carolan
Title: President
Name: D. Kay Carolan
Title: Vice President
Attachments: Exhibit A - Scope of Work, Proposal
Exhibit B - Labor and Materials Payment Bond
Exhibit C - Faithful Performance Bond
Exhibit D - Warranty Information
[END OF SIGNATURES]
Emergency Power Controls, Inc. Page 10
EXHIBIT °A"
Request for Proposal
City of Newport Beach Utilities Department
Generator Remodel Building 4 (C -4230)
Utilities Yard
- January 7, 2010 -
SECTION 1 - SCOPE OF WORK
A. General Nature of the Work
The work shall consist of providing all materials and labor, as required, to connect all
components of the existing generator, currently located in Building 8, and to be
relocated to Building 4, per the attached approved drawings. A more detailed
description of the service installation work is provided in paragraph F of this RFP
section.
B. Location of Project Site:
The project is located at the City of Newport Beach Utilities Yard. As depicted on the
attached design drawing, work shall be limited to the perimeters of the compound.
C. Project Schedule/Time of Performance:
Work specified on the attached design drawings (C -4230) and further detailed in the
specifications provided, must be completed within 30 calendar days upon receiving the
"Notice to Proceed ".
D. Workinq Hours:
Access to the site will be available during normal work hours from 7:00 AM to 4:30 PM
Monday through Thursday and 7:00 AM to 3:30 PM on Friday.
E. Mandatory Pre -Bid Walk
A mandatory pre -bid job walk will be held on Wednesday, January 14, 2010 at 8:00 AM
in the Utilities Yard. Proceed to the blue gate and ask for Kathryne Ceballos. Please
meet in front of the Administration Building.
16th Street
__ � el e 4 fI r rcwnt
r
Page 1 of 4
City of Newport Beach — Utilities Yard Fire Sprinkler /Alarm RFP
Section 1 — Scope of Services
January 7, 2010
F. Description of Work Items:
The attached Proposal Quotation Form (Section 2 of this RFP) contains the individual
bid items required to complete all requirements to fully install the yard generator at its
new location in accordance with the attached drawings (C -4230) and further detailed
below. The lump sum prices shall include full compensation for furnishing the labor
materials, tools, and equipment (unless noted otherwise) to complete all the work.
Item # 1: Electrical Installation for Automatic Transfer Switch (ATS) & Connection to
Existinq Generator
ATS and Generator shall be furnished by owner and installed by
contractor. See attached design drawings for approximate location and
specifications (Section 16000) for electrical wiring and installation. Full
copies of the ATS and Generator O &M manuals are available upon
request.
Item # 2: Installation of Masonry Pedestal for Generator Plugs
Refer to attached design drawings for masonry pedestal dimensions and
specifications. Generator plugs shall be mounted on the pedestal at a
minimum height of 24 inches above finished grade.
Item # 3: Electrical Conduits and Wiring
Refer to plans for all electrical conduits and wiring requirements necessary
from the electrical transformer, to the generator.
Exterior.'
Contractor shall be responsible for field verifying the exact routing of
conduit to avoid existing utilities. Contractor responsible for saw - cutting
and repairing all hardscape impacted.
Interior. -
Contractor shall route conduit along wall tight against the ceiling. Verify
exact location in the field.
Power cut -over plan:
Contractor shall be required to submit a power cut -over plan describing
any disturbances to the yard's power that may be caused by the
installation of the new ATS.
Item # 4: Miscellaneous Items
Pavement leveling
Existing pavement ramp adjacent to the planter shall be leveled.
Striping.,
4' wide diagonal striping required on pavement adjacent to planter to
designate generator location.
Page 2 of 4
Record Drawings:
Contractor shall mark up the existing Utilities yard conduit plans to show
the newly installed underground conduit locations.
(The Contractor shall use the Quotation Form provided with this RFP)
G. Traffic and Access:
Contractor shall maintain vehicle access between buildings within the perimeter of the
compound at all times.
H. Safety Requirements:
The Contractor shall be solely and completely responsible for conditions of the job -site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all State, Federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the City's Utilities representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
I. Inspection and Approval:
All work and materials required shall be subject to the inspection and approval by the
Utilities Department.
J. Contract Requirement:
Successful low bid contractor will be required to execute a Professional Service
Agreement (PSA) (see attached) and fulfill all insurance requirements. Contractor must
also provide three references in Section 2 of this RFP. No exceptions will be taken on
the insurance, reference requirements, and the verbiage of the PSA. Awarded
contractor must have the ability to obtain a business license from the City of Newport
Beach.
K. Minimum Requirement:
Contractor must have a Class A or C10 license and all other proper certification as
required by the State of California.
Page 3 of 4
c,q- �y81
Request for Proposal
City of Newport Beach Utilities Department
Generator Remodel Building 4 (C -4230)
Utilities Yard
-January 7, 2010 -
SECTION 2 — PROPOSAL QUOTATION FORM
Name of Contractor EMERGENCY POWER CONTROLS, INC.
Street Address 3940 Prospect Avenue Unit N
in the City of
State of CA
Yorba Linda
Zip Code 92885
County of Orange
Phone No. (71 4) 777 -5993
Bid Item No.
Item Description
Quantities
Total Price
City of Brea
Eric Aulls
(714)
1 Civic Ctr.Circle
Electrical Installation for Automatic
240 -9492
Brea, CA 92821
1.
Transfer Switch (ATS) and
LS
3330 W. 36th St.
Angeles
Connection to Existing Generator
485 -5851
$14,950.00
2.
Installation of Masonry Pedestal for
LS
90018
City of Costa
Generator Plugs
ovell
$ 5,325.00
3.
Electrical Conduits and Wiring
LS
925 -7449
Mesa, CA
$14,975.00
4.
Miscellaneous Items
LS
$ 1 150.00
References:
Company
Contact
Phone #
Address
City of Brea
Eric Aulls
(714)
1 Civic Ctr.Circle
240 -9492
Brea, CA 92821
City of Los
Enrigvz Ortiz
(213)
3330 W. 36th St.
Angeles
485 -5851
Los Angeles, CA
X232
90018
City of Costa
6b7
ovell
(714)
800 Baker St.
Mesa
11
925 -7449
Mesa, CA
/
I
92626
Signature of Bidder 7k] 4( Date: CV l)
- Proposals due Monday, January 25 by 4 PM -
(Fax to (949) 646 -5204 or Email to kceballos65�newportbeachca.pov)
Page 4 of 4
GP C The Ernergencv Povier Experts C -,a LICENSE ^485647
127-EMEHMM, M111
Automatic rranslersvMch Specialists e
Maintenance controds `( -C GE Zcpair
Emergency power coesulianrs Authorized GE Zenith Service Representative
March 25, 2010
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
949 W. 161 Street
Newport Beach, CA 9266'
Ms. Kathryne Ceballos, EIT, LEED AP
Ms, Ceballos,
Here is Emergency Power Controls, Inc. (EPC) hourly rate and fee schedule for Faithful
Performance Bond and Labor and Materials Payment Bond. They are as follows:
Monday thru Friday (6:00am to 4:00pm)
1 �' 8 hours — Regular Rate ... $150.00 /hr.
Over 8 hours but less than 12 hours is Overtime Rate ... $225.00 /hr.
Anything over 12 hours on a service call is Double Time Rate ... $300.00 /hr.
Monday thru Friday (4:00pm to 6:00am)
1" 12 hours — Overtime Rate ... $225.00/hr.
Anything over 12 howl on a service call is Double Time Rate ... $300.00 /hr.
Saturday & Sunday (anytime of day)
1" 12 hours — Overtime Rate ... $225.00/hr.
Anything over 12 hours on a service call is Double Time Rate ... $300.00/hr.
EPC does have a 4 hour minimum.
EPC has a mileage charge of $1.00 /mile Round Trip
BONDING
Required Labor and materials Payment Bond and Faithful Performance Bond:
$1,092.00.
If there is anything else you need please feet free to contact me at (714) 777 -5993.
Thank you,
Kay Carolan
EPC, Inc.
Corporate Office: 3940 -N Prospect Ave, • P.O. Box 545 • Yorba Linda, California 92885 • lo11 -Free (800) 5440707 • Phone (714) 777 -5993 • Fox (714) 579 -8783
Web: epcelectric.com
1 1
CITY OF NEWPORT BEACH
:X lk 1111
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Emergency
Power Controls, Inc. hereinafter designated as the "Principal," a contract for the labor and
installation of electrical conduits and wiring to hook up existing generator and automatic transfer
switch located at the Utilities Yard (949 W. 16th Street) in the City of Newport Beach, in strict
conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,
or about the performance of the work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are
held firmly bound unto the City of Newport Beach, in the sum of ($36,400.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount payable
by the City of Newport Beach under the terms of the Contract; for which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns,
jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the terms of the Contract or to the
work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the day of 2010.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signaturerritle
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
being at the rate of $
EXHIBIT "C"
thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Emergency
Power Controls, Inc. hereinafter designated as the "Principal," a contract for the labor and
installation of electrical conduits and wiring to hook up existing generator and automatic transfer
switch located at the Utilities Yard (949 W. 16`h Street) in the City of Newport Beach, in strict
conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of $36,400.00 lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach,
its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder
shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such
change, extension of time, alterations or additions of the Contract or to the work or to the
specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the day of , 2010.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
QPC TheEmergercyPowerfxperts EXHIBIT "D"
-Emergency Power Controls, Inc, C -10 LICENSE #485647
Autornatrc rranster Switch Specialists
Maintenance contracts �- GEZamth
Emergency Power Consultants Authorized GE Zenith Service Representative
April 5, 2010
Kathryne Ceballos, EIT, LEED AP
Junior Civil Engineer
City of Newport Beach/ Utilities Department
949 W. 16`h Street
Newport Beach, CA 92663
Dear Ms. Ceballos:
Here is a copy of warranty policy as you requested:
Emergency Power Controls, Inc. warrants labor and workmanship for one fall year
from date of purchase.
This warranty does not apply to any unit which has been repaired or altered by unauthorized persons.
Regards,
Patrick Carolan
Emergency Power Controls, Inc.
Corporate Office: 3940 -N Prospect Ave. • P.O. Box 545 • Norbo Linda. California 92885 • Toll -Free (800) 540-0707 • Phone (714) 7775993 - Fax (714) 579 -878,
San Diego Office: 810 Emerald Street, Suite 107 • San Diego, California 92109 • Office (858) 483 -3611 • Fax (858) 483 -3613
Web: epcelectric.com