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HomeMy WebLinkAbout6/16/2010 - STAFF REPORTS - 2.R. �0 pALM S0P P. tJ N RPORAT'V �Q``�nR��P City Council Staff Re ort Date: June 16, 2010 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE CITY HALL EMERGENCY GENERATOR REPLACEMENT, CITY PROJECT 10-03 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The existing emergency generator for City Hall provides back-up power only for the Emergency Operations Center (EOC), and is 47 years old, and undersized for the electrical demands of today. The City has been pre-approved for a 50% matching Emergency Management Performance Grant (EMPG) for purchase and installation of a new emergency generator to power all of City Hall. Award of this contract will allow staff to proceed with this project. RECOMMENDATION: 1) Approve Agreement No. in the amount of $67,000 with Advanced Energy Design, Inc., for the City Hall Emergency Generator Replacement, City Project 10-03; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs EOC requires a new emergency generator. The original generator does not have the capacity to provide adequate emergency electrical power to the EOC and there is no emergency power for the rest of City Hall. The EOC was constructed in 1963 with a Civil Defense grant that also helped build the County EOC in Riverside and alternate EOC in Indio. If the electrical service to City Hall is interrupted for any reason, operations within the building would be significantly compromised due to the lack of adequate emergency back-up power. The City has removed and replaced the original underground fuel tank and the existing above ground fuel tank is code compliant and does not need to be replaced. Numerous critical Department Operating Centers (DOC's) are located within City Council Staff Report June 16, 2010 - Page 2 City Hall Emergency Generator Replacement (CP 10-03) City Hall and are required to be operational during a major incident to support response and recovery efforts. On May 19, 2010, the City Council approved the purchase of a new diesel generator which will provide sufficient emergency power to the City EOC and the remainder of City Hall, including the heating and air conditioning (HVAC) systems. The existing generator is 47 years old and undersized for electrical demands in the EOC. For example, only 1/3 of the lights and electrical outlets in the EOC are powered by the generator. Also, the EOC HVAC system does not have back-up emergency power. Providing emergency back-up electrical power to City Hall with this new generator will allow all of City Hall to have emergency power. Providing power to the HVAC system, lights, computers, TV's, wall outlets, emergency radios, offices and conference rooms is critical to maintain Continuity of Government and Coordination of Law, Fire, Public Works, Management, Logistics, Finance, Public Information Officer (PIO), and Legal during large scale emergencies. Because the Airport also relies on the EOC for the coordination of incidents, the Executive Director concurs that some of the costs of this replacement should be shared with the enterprise account of the Airport Department. The Public Works and Engineering Department prepared plans and specifications for installation of the new generator, which includes construction of new electrical conduit and equipment to convey electrical power from the new generator to the existing electrical panel inside City Hall. A new 8 feet high masonry block wall will be constructed around the new generator, which is to be installed adjacent to the above ground fuel tank on the north side of City Hall. On June 8, 2010, the Historic Site Preservation Board reviewed the proposed alterations to City Hall (given its designation as a Class 1 Historic Site), and recommended approval of the modifications. On May 14 and 21, 2010, the project was advertised for bids, and at 3:00 p.m. on June 14, 2010, the Procurement and Contracting Division received construction bids from the following contractors: 1. Advanced Energy Design, Inc.; Orange, CA: $67,000 2. Global Power Group, Inc.; Del Mar, CA: $71,221.37 3. CHI Construction; Anaheim, CA: $72,787 4. La Salle Lighting Services; Cathedral City, CA: $77,777 5. Native Electrical Construction, Inc.; Ramona, CA: $91,637 6. Brudvink, Inc.; Palm Springs, CA: $109,800 7. W.B. Walton Electric; Riverside, CA: $138,400 City Council Staff Report June 16, 2010 - Page 3 City Hall Emergency Generator Replacement(CP 10-03) Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley; submission of good faith efforts is required. However, in accordance with the exceptions in the Code, given the federal funding associated with the Emergency Management Performance Grant (EMPG) for this project local preferences are not allowed, and the provisions of the City's Local Business Preference Program were not included in the bid.' The Engineer's estimate for this project was $65,000. The company is a California corporation, and its principal officers are Charles Randolph, Leonard Barth, and Jonathon Sudduth. FISCAL IMPACT: The City has been pre-approved for reimbursement up to $75,000 from the 2009 Emergency Management Performance Grant (EMPG). The $75,000 is a 50% matching grant towards purchase and installation of the new generator. The local 50% match is being provided through capital funds budgeted by the Airport. Sufficient funding is available in the Airport Special Capital Project account 415-6500-53051 (City Hall Generator). SUBMITTED: Prepared by: Recommended by: Marcus L. Fuller David J. Barakian Assistant Director of Public Works irector of Public Works/City Engineer Approved by: r �. 1 � �Q Thomas J. Wigon, Asst. City Manager David H. Ready ager Attachments: 1. Agreement ' The primary basis behind the prohibition of local hiring preferences is that they are inconsistent with the principles of free and open competition, which is required in the federal-aid program pursuant to federal law found at 23 USC 112, "Letting of Contracts". F VALMS.. 4� 4 N e eS •C "e.o.nno' p. a City Council Staff Repo Date: June 16, 2010 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE CITY HALL EMERGENCY GENERATOR REPLACEMENT, CITY PROJECT 10-03 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The existing emergency generator for City Hall provides back-up power only for the Emergency Operations Center (EOC), and is 47 years old, unreliable and undersized for the electrical demands of today. The City has been pre-approved for a 50% matching Emergency Management Performance Grant (EMPG) for purchase and installation of a new emergency generator to power all of City Hall. Award of this contract will allow staff to proceed with this project. RECOMMENDATION: - 1) Approve Agreement No. in the amount of $ with , for the City Hall Emergency Generator Replacement, City Project 10-03; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs EOC requires a new emergency generator. The original generator does not have the capacity to provide adequate emergency electrical power to the EOC and there is no emergency power for the rest of City Hall. The EOC was constructed in 1963 with a Civil Defense grant that also helped build the County EOC in Riverside and alternate EOC in Indio. If the electrical service to City Hall is interrupted for any reason, operations within the building would be significantly compromised due to the lack of adequate emergency back-up power. The City has removed and replaced the original underground fuel tank and the existing above ground fuel tank is code compliant and does not need to be replaced. Numerous critical Department Operating Centers (DOC's) are located within ITFAn NO. /� . City Council Staff Report June 16, 2010- Page 2 City Hall Emergency Generator Replacement(CP 10-03) City Hall and are required to be operational during a major incident to support response and recovery efforts. On May 19, 2010, the City Council approved the purchase of a new diesel generator which will provide sufficient emergency power to the City EOC and the remainder of City Hall, including the heating and air conditioning (HVAC) systems. The existing generator is 47 years old and unreliable and undersized for electrical demands in the EOC. For example, only 1/3 of the lights and electrical outlets in the EOC are powered by the generator. Also, the EOC HVAC system does not have back-up emergency power. Providing emergency back-up electrical power to City Hall with this new generator will allow all of City Hall to have emergency power. Providing power to the HVAC system, lights, computers, TV's, wall outlets, emergency radios, offices and conference rooms is critical to maintain Continuity of Government and Coordination of Law, Fire, Public Works, Management, Logistics, Finance, Public Information Officer (PIO), and Legal during large scale emergencies. Because the Airport also relies on the EOC for the coordination of incidents, the Executive Director concurs that some of the costs of this replacement should be absorbed out of the enterprise account of the Airport Department. The Public Works and Engineering Department prepared plans and specifications for installation of the new generator, which includes construction of new electrical conduit and equipment to convey electrical power from the new generator to the existing electrical panel inside City Hall. A new 8 feet high masonry block wall will be constructed around the new generator, which is to be installed adjacent to the above ground fuel tank on the north side of City Hall. On June 8, 2010, the Historic Site Preservation Board reviewed the proposed alterations to City Hall (given its designation as a Class 1 Historic Site), and recommended approval of the modifications. On May 14 and 21, 2010, the project was advertised for bids, and at 3:00 p.m. on June 14, 2010, the Procurement and Contracting Division received construction bids from the following contractors: 1. 2. 3. 4, 5. 6. 7. 8. City Council Staff Report June 16, 2010 - Page 3 City Hall Emergency Generator Replacement(CP 10-03) Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley; submission of good faith efforts is required. However, in accordance with the exceptions in the Code, given the federal funding associated with the Emergency Management Performance Grant (EMPG) for this project local preferences are not allowed, and the provisions of the City's Local Business Preference Program were not included in the bid.' The Engineer's estimate for this project was $65,000. The company is a and its principal officers are FISCAL IMPACT: The City has been pre-approved for reimbursement up to $75,000 from the 2009 Emergency Management Performance Grant (EMPG). The $75,000 is a 50% matching grant towards purchase and installation of the new generator. The local 50% match is being provided through capital funds budgeted by the Airport. Sufficient funding is available in the Airport Special Capital Project account 415-6500-53051 (City Hall Generator). SUBMITTED: Prepared by: Recommended by: j.me L Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wilson, Asst. City Manager David H. Ready, Cit er Attachments: 1. Agreement The primary basis behind the prohibition of local hiring preferences is that they are inconsistent with the principles of free and open competition, which is required in the federal-aid program pursuant to federal law found at 23 USC 112, "Letting of Contracts". 3 AGREEMENT THIS AGREEMENT made this day of in the year 2010, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual Covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: CITY HALL EMERGENCY GENERATOR REPLACEMENT CITY PROJECT NO. 10-03 The Work is generally described as follows: Replacement of the emergency generator at the Palm Springs City Hall. The work includes removal of the existing generator; installation of the new 500 KW 1000 AMP Generator and transfer switch (provided by the City); installation of pull box and conduits to connect the new generator to the new transfer switch and to the existing main panel; and all appurtenant work. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $690.00 for each calendar day that expires after the time specified in Article 2, herein. CITY HALL EMERGENCY GENERATOR REPLACEMENT AGREEMENT FORM4 CITY PROJECT NO. 10-03 AGREEMENT AND BONDS- PAGE 1 05/06/2010 ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non- collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for wham it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Caltrans Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. CITY HALL. EMERGENCY GENERATOR REPLACEMENT AGREEMENT FORM �•. CITY PROJECT NO. 10 03 AGREEMENT AND BONDS - PAGE 2 05/05/2010 The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA Minute Order No. Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date CITY HALL EMERGENCY GENERATOR REPLACEMENT AGREEMENT FORM r CITY PROJECT NO. 10-03 AGREEMENT AND BONDS- PAGE 3 O 05/0612P70 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Check one: —Individual_Partnership_Corp Address: By: By. Signature (notarized) Signature (notarized) Name: Name: Title. Title. (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the fallowing: Chairman of the space by one of the fallowing: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of L.I State of C County of Jss County of 1 Is$ On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: CITY MALL EMERGENCY GENERATOR REPLACEMENT AGREEMENT FORM CITY PROJECT NO, 10-03 AGREEMENT AND BONDS - PAGE,p� 05/06/2010