AGENDA REPORT
Meeting Date: January 18, 2022
Item Number:
To:
D-6
Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO SPARK POWER, LLC, FOR THE
POLICE DEPARTMENT DISPATCH UNINTERRUPTIBLE
POWER SUPPLY REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $619,030; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA
Attachments: 1. Contract
RECOMMENDATION
Staff recommends that City Council move to:
1. Approve the award of a contract to Spark Power, LLC, for the Police Department Uninterruptible Power Supply (UPS) Replacement project in the amount of $538,287; and
2. Approve a construction contingency in the amount of $80,743 (15%); and
3. Approve a purchase order in the not-to-exceed amount of $619,030; and
4. Approve plans and specifications for the UPS Replacement project with respect to design criteria.
INTRODUCTION
The existing single uninterruptible power supply (UPS) that currently serves the Police Department Dispatch Center is approximately 20 years old and is beyond its usable life and its replacement is necessary. This UPS serves as backup power for all operations in the Dispatch Center, including receiving and responding to 911 calls. To increase the •
BEVERLY
HILLS
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Meeting Date: January 18, 2022
level of reliability of uninterrupted power supply, a second UPS is also proposed to be installed.
DISCUSSION
The project includes replacement of the existing 20-year old 50kVA UPS with a new 60kVA unit; a backup UPS with the same capacity is also being installed to accommodate redundancy and increase the level of reliability under any condition.
In addition to the two new UPS units, the electrical panel boards installed in the Dispatch Area Server room will be upgraded to provide redundant sources for rack-mounted IT server and switch equipment. In addition, the mechanical cooling systems for the existing UPS room will be upgraded and the adjacent storage room will be remodeled for the second UPS unit with new lighting and cooling system.
The result of this work will significantly improve the electrical service reliability for the Police Department Dispatch Center and 911 Call Center.
Bid documents were prepared and the installation of backup UPS-1 and its associated mechanical cooling system was included as a deductive alternate cost.
On November 23, 2021, the project was posted on PlanetBids for informal bidding in accordance with the Public Contract Code Section 22034 and was issued to two contractors on the City’s list of pre-qualified contractors.
The bid documents include three alternates as follows:
Deductive Alternate #1:
Cost to furnish and install backup uninterruptible power supply (UPS-1) and its associated air handler unit (AH-06). Additive Alternate #2:
Add E-ATS electronic transfer switches to Police Department roof level data communication room racks.
Additive Alternate #3:
Replace floor tiles in Police Department Dispatch data communication room.
On December 30, 2021, two bids were received and the bid results are as follows:
Spark Power, LLC Data Specialties, Inc.
Base Bid $ 474,479 $ 687,555
Deductive Alternate #1 ($ 69,715) ($129,673)
Additive Alternate #2 $ 11,523 $ 25,745
Additive Alternate #3 $ 52,285 $ 50,070
20 Days Compensable Delay $ 0 $ 0
Staff recommends City Council approve an agreement with Spark Power, LLC for this work.
Meeting Date: January 18, 2022
Deductive Alternate #1 was included in the bid documents in order to control costs, however, since there is sufficient budget available for furnishing and installing the second UPS unit, in the best interest of the City and to support dispatch center critical function with redundant uninterrupted power supply staff does not recommend accepting Deductive Alternate #1. A contingency of $80,743, 15% of the contract amount, is recommended for changes due to unforeseen conditions in order to successfully complete the work. Expenditures from the contingency will be made utilizing the Change Order process in the Beverly Hills Municipal Code upon adequate written justification and substantiation.
Basis of Selection
Base Bid $ 474,479
Additive Alternate #2 $ 11,523
Additive Alternate #3 $ 52,285
Subtotal $ 538,287
15% Contingency $ 80,743
Total Not-to-Exceed $ 619,030
The bid documents specify that all work under the contract shall be completed within 120 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately June 2022. FISCAL IMPACT
There is $619,030 available in the Replace UPS Improvements Project (CIP #00922) in Fund 405. No additional funds are requested at this time.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
CONTRACT
CITY OF BEVERLY HILLS
CONTRACT FOR
POLICE DEPARTMENT DISPATCH UNINTERRUPTIBLE POWER SUPPLY (UPS)
REPLACEMENT PROJECT
THIS CONTRACT (“Contract”) is made and entered this 18th day of January, 2022 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Spark Power, LLC (“Contractor”). Contractor’s license number is 533593.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified Police Department Dispatch Uninterruptible Power Supply (UPS) Replacement Project (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Five Hundred Thirty Eight Thousand Two Hundred Eighty Seven dollars ($538,287) in accordance with the prices as submitted in Contractor’s Proposal, attached hereto and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section Error! Reference source not found. of the General Provisions shall apply and are mandatory for this Project.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BEVERLY HILLS
By:
.
ROBERT WUNDERLICH, Mayor
ATTEST:
By: (“CONTRACTOR”)
HUMA AHMED, City Clerk By:
Dated: Printed Name:
Title: .
By:
Printed Name:
Title:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
By:
SHANA EPSTEIN
Director of Public Works
By:
Mandana Motahari
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager