AGENDA REPORT
Meeting Date: August 23, 2022
Item Number:
To:
E-10
Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO DATA SPECIALTIES, INC., FOR
THE POLICE DEPARTMENT DISPATCH UNINTERRUPTIBLE
POWER SUPPLY REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $920,427; 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 Data Specialties Inc., for the Police Department Dispatch Uninterruptible Power Supply (UPS) Replacement project in the amount of $800,372; and
2. Approve a construction contingency in the amount of $120,055 (15%); and
3. Approve a purchase order in the not-to-exceed amount of $920,427; 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. To increase the level of reliability of uninterrupted power supply, a second UPS is also proposed to be installed. The dual UPS serves as •
BEVERLY
HILLS
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Meeting Date: August 23, 2022
backup power in the event of normal power failure for all operations in the Dispatch Center, including receiving and responding to 911 calls.
DISCUSSION
The City engaged the services of the electrical engineering firm of Power Engineering Services dba PES to prepare design and construction documents for the replacement of the UPS system. 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 power grid failure.
In addition to the two new UPS units, the electrical panel boards installed in the dispatch area Server room and each of the dispatch workstations will be upgraded to provide redundant sources for computer equipment and 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 to house the second UPS unit with a 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.
The bid documents were distributed to two prequalified contractors in November 2021. The awarded low bidder Sparks Power was not able to secure performance and payment bonds as required by the bid documents; as a result, the City was not able to move forward with this contractor. Staff started processing another prequalification effort in April 2022. Three contractors submitted their qualifications and only two were prequalified to bid on this project.
Bid documents were prepared with additional scope to add electronic automatic transfer switches (E-ATS) to alleviate shutdowns and keep dispatch function uninterrupted during equipment switch out, documents included three alternates as follows:
Alternate No. 1: A deductive alternate for the cost of furnishing and installing the second UPS unit and its associated air handler unit.
Alternate No. 2: Addition of Electronic Automatic Transfer Switches (E-ATS) at the data communication room, dispatch consoles and the radio room at the roof level.
Alternate No. 3: Additive alternate to replace floor tiles at the data communication room. On June 21, 2022, the project was posted on PlanetBids and documents were issued to the two pre-qualified contractors.
On July 28, 2022, only one bid was received and the bid result is as follows:
Data Specialties, Inc.
Base Bid $ 774,835
Deductive Alternate #1 ($ 132,207)
Additive Alternate #2 $ 25,537
Additive Alternate #3 $ 60,213
20 Days Compensable Delay $ 0
Meeting Date: August 23, 2022
Since only one bid was received, staff contacted the contractor who had failed to submit a bid to seek the reason and learned that Total Online Protection has too many commitments at this point to be able to perform the work. Due to the age of the UPS system and its critical function, staff recommends City Council approve an agreement with Data Specialties, Inc. for this work. Data Specialties has a long working history with the City. They successfully replaced the Data Center UPS system in 2018, and hold a maintenance contract for all the City’s UPS systems since 2015.
Deductive Alternate No. 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 No.1. Alternate No. 3 is high and can be deferred to a later date to allow the City with a more competitive option.
A contingency of $120,055, 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 and in the Agreement upon adequate written justification and substantiation.
Basis of Selection
Base Bid $ 774,835
Additive Alternate #2 $ 25,537
Subtotal $ 800,372
15% Contingency $ 120,055
Total Not-to-Exceed $ 920,427
The bid documents specify that all work under the contract shall be completed within 210 calendar days from the date of the notice to proceed, resulting in an estimated completion in early 2023. FISCAL IMPACT
There is $1,600,000 available in Fund 405, CIP #00922 UPS Equipment Replacement Projects. 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 23rd day of August, 2022 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Data Specialties, Inc. (“Contractor”). Contractor’s license number is 622395.
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 Eight Hundred Thousand Three Hundred Seventy Two dollars ($800,372) 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 selfinsurance 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:
. LILI BOSSE, 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