AGENDA REPORT
Meeting Date: January 13, 2026
Item Number:
To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: AWARD OF A CONTRACT TO DATA SPECIALTIES, INC., FOR
THE LIBRARY AUTOMATIC TRANSFER SWITCH
REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $658,559; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), CITY COUNCIL WILL
ALSO CONSIDER FINDING THE PROJECT EXEMPT FROM
FURTHER REVIEW UNDER CEQA
Attachments: 1. Contract
2. Plans
3. Letter of Withdrawal – AC Pros, Inc.
RECOMMENDATION
Staff recommends that City Council:
1. Approve the award of a contract to Data Specialties, Inc., for the Library Automatic Transfer Switch (ATS) Replacement project in the amount of $598,690; and
2. Approve a construction contingency in the amount of $59,869 (10%); and
3. Approve a purchase order in the not-to-exceed amount of $658,559; and Meeting Date: January 13, 2026
4. Approve plans and specifications for the Library ATS Replacement project with respect to design criteria; and
5. Consider finding the project exempt from further review under the California Environmental Quality Act.
INTRODUCTION
The existing emergency generator serving the Library and the Data Center is rated 800 amps with an existing 600-amp automatic transfer switch (ATS). The existing ATS does not match the full capacity of the generator; it is approximately 35 years old and beyond its usable life. Spare parts are also no longer manufactured for this ATS unit. With the addition of the new chillers planned to serve the data center HVAC upgrades, it is necessary to upgrade the emergency power infrastructure and replace the existing ATS with a higher capacity and reliability unit. For these reasons, the existing ATS needs to be replaced. The larger ATS unit will accommodate additional electrical loads and provide redundancy.
DISCUSSION
The electrical engineering firm P2S prepared the design for the replacement of the ATS unit. The project includes furnishing and installing a new 800-amp ATS unit, upgrading breakers, conduit and wiring, as well as placement of a new concrete housekeeping pad.
The basis of design minimizes significant outages to the server room.
The City used a prequalification/qualified bidders process following State guidelines to obtain bids from experienced electrical contractors. A Request for Qualifications was advertised in the local Beverly Hills newspapers and construction trade publications, as well as the PlanetBids portal. The Prequalification Package was posted to the PlanetBids portal. Five companies submitted their qualifications on July 29, 2025 as follows: AC Pros, Inc., Baker Electric and Renewables, LLC, Data Specialties, Inc., GA Technical Services, Inc., and Mel Smith Electric.
Baker Electric, Renewables, LLC, and GA Technical Services, Inc. did not meet the minimum qualification requirements. As a result, three companies were qualified to bid on the City’s ATS replacement project.
Bid documents were prepared, and, on October 28, 2025, the bid documents were distributed to the pre-qualified contractors. All three companies attended the mandatory pre-bid meeting.
Three bids were received on November 20, 2025.
Basis of Selection
The bid documents specify that the low bid is determined by the sum of the base bid, plus all the alternates, plus the amount of per diem for compensable delay cost for twenty (20) days.
AC Pros, Inc. Data Specialties,
Inc.
Mel Smith
Electric
Base bid $ 326,360.00 $ 598,690.00 $ 780,000.00
20 days delay $ 0.00 $ 0.00 $ 12,000.00
Basis of
Selection Total $ 326,360.00 $ 598,690.00 $ 792,000.00
Meeting Date: January 13, 2026
The bid documents specify that the low bid is determined by the sum of the base bid and the compensated delay cost for twenty days. The low bidder, AC Pros, Inc., notified the City of an error made in their bid and subsequently withdrew their bid. After review of the remaining bids, staff has determined that Data Specialties, Inc. is the lowest responsible bidder, has submitted a responsive bid, and maintains a license that is current and in good standing with the Contractors State Licensing Board. Data Specialties, Inc. has successfully completed projects of similar scope for the City in the past. Therefore, staff recommends that City Council approve an agreement with Data Specialties, Inc. for this work.
The bid documents specify that all work under the contract shall be completed within 90 calendar days from the date of the notice to proceed, resulting in an estimated completion of approximately Spring 2026.
ENVIRONMENTAL REVIEW
Approval of the Library ATS Replacement project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the environmental regulations of the City. Staff believes the approval of the proposed improvements is exempt from CEQA pursuant to the ‘Existing Facilities’ Section 15301 of Title 14 of the California Code of Regulations because the work involves no expansion of use within the existing Police facility. Based on the foregoing, staff recommends City Council find that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 Existing Facilities.
FISCAL IMPACT
A contingency of $59,869, 10% 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.
Selected Bid
Base Bid $ 598, 690
10% Contingency $ 59,869
Total $ 658,559
The $658,559 for this project is available in CIP #00811, Fund 405 – Major Building Systems Maintenance and Replacement.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
CITY OF BEVERLY HILLS
CONTRACT FOR
LIBRARY AUTOMATIC TRANSFER SWITCH REPLACEMENT PROJECT
THIS CONTRACT (“Contract”) is made and entered this 13th day of January, 2026 (“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 LIBRARY AUTOMATIC TRANSFER SWITCH 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-toexceed amount of Five Hundred Ninety-Eight Thousand Six Hundred Ninety dollars ($598,690) 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: _____________________________________
SHARONA R. NAZARIAN, PsyD, Mayor
ATTEST:
By:
HUMA AHMED, City Clerk (“Contractor”)
Dated: By:
Printed Name:
Title: .
By:
Printed Name:
Title:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER NANCY HUNT COFFEY
City Attorney City Manager
By:
SHANA E. EPSTEIN
Director of Public Works
By:
MANDANA MOTAHARI
City Architect
By:
SHARON L’HEUREUX DRESSEL
Risk Manager
By:
ANTHONY RODSTEIN
Purchasing Services Manager
Attachment 2
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Attachment 3
Air Conditioning & Heating
Residential Commercial
Air Conditioning, Heating, Ventilation and
LIC # 871281 DIR #1000031839 Mechanical Services
7046 Darby Dr. Reseda, CA 91355 Tel: (818) 342-7767 Fax: (818) 881-9125 Email: [email protected] Dec 01, 2025
To: Karen Domerchie
Public Works Contract Administrator
City of Beverly Hills
Tel: 310-985-2756
Email: [email protected]
Project: RFB #26-350-16
Subject: Withdraw Letter – Library Automatic Transfer Switch Replacement Project RFB#26-350-16 Dear Karen,
On behalf of AC Pros Inc., I respectfully request to withdraw our bid submitted for the Library Automatic Transfer Switch Replacement Project RFB#26-350-16.
After further review of our submission, we identified a clerical error in the preparation of our bid that materially affects the accuracy of our proposal. In accordance with applicable public contract code provisions and to maintain fairness in the bidding process, we are formally requesting to withdraw our bid without penalty.
We regret any inconvenience this may cause and appreciate you’re understanding. We value the opportunity to participate in your future solicitations and look forward to continuing our working relationship with the City of Beverly Hills.
Should you require any additional documentation or clarification, please do not hesitate to contact me directly.
Respectfully,
Noam Ziv
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