WALK-ON ITEM NO. 29
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Assistant City Manager
BY: James Enriquez, Director of Public Works / City Engineer
SUBJECT: Montebello Municipal Golf Course Renovation Project (CP No. 894) – Irrigation Pump Generator Rental
DATE: May 24, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve a Purchase Order with MCI Flowtronex (Variable Speed Solutions, Inc.) in the amount not -to-exceed $ 131,327 for rental of a generator to provide temporary power to the irrigation pump station and authorize the City Manager to execute the Purchase Order; and
2) Take such additional, related, action that may be desirable.
FISCAL IMPACT
On September 14, 2022, the City Council authorized the sale of revenue lease bonds in the amount of $16.5 million to fund the design and construction of this project. The recommended purchase order in the amount not -to-exceed $131 ,327 is a project construction expense and will be paid from bond proceeds.
BACKGROUND
On September 28, 2022, the City Council approved a purchase order with MCI Flowtronex (represented by their local authorized vendor Variabl e Speed Solutions, Inc.) in the amount of $295,000. The purchase order was for the purchase and installation of the new irrigation pump station for the Golf Course Renovation Project (C.P. No. 894).
CITY COUNCIL AGENDA REPORT – MEETING OF MAY 24, 2023
Montebello Municipal Golf Course Renovation Project (CP No. 894) – Irrigation Pump Generator Rental
The recommended purchase order with MCI Flowtronex (Variable Speed Solutions, Inc.) in the amount not-to-exceed $131,327 is for the rental of a generator to provide temporary power to the pump station. The pump station needs to be in operation by the middle of June in order to start irrigating new grass and ensure adequate water supply to support healthy grass growth. Temporary power is required due to a delay in energizing the new electrical service. The permanent power has been delayed due to continuing supply chain issues with electrical equipment. Delivery of the new electrical service panel is expected in July and requires time for installation which is inspected by Edison before Edison will schedule the work required to energize. The proposed not -to-exceed rental fee of $131,327 is for a 6-month period and will be prorated if the permanent power is available sooner than 6 months.
The generator must be supplied, installed and maintained by VSS so that warranties for the pump station are not voided. VSS has spec ified the appropriate generator and will install and remove the temporary connections to the pump station controls in accordance with the MCI Flowtronex requirements.
ANALYSIS
Not applicable.
ENVIRONMENTAL
Not applicable.
SUMMARY
Upon approval by the City Council of the recommended actions, staff will execute the purchase order with Variable Speed Solutions, Inc. and coordinate the installation of the temporary generator.
ATTACHMENT (S):
A. Attachment A – VSS Cost Proposal
16182 Gothard Street, Unit I
Huntington Beach, CA 92647
Tel: 714-847-5957 / Fax: 714-847-5958
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Packaged Pump Specialists
CA Lic# 665995
INT.____________
CHANGE ORDER #2
Date: May 15, 2023
City Of Montebello
Quotation Number VSS-23-13340105132
Quoted by Brian Pavloff
Project Name: Montebello Country Club Pump Station
Change Order: Provide temporary power
PROPOSAL SCOPE
Diesel Generator Rental – 6 MONTH RATE
• (1) 320 KW Diesel Generator
o 480v 3 phase
• (1) 1001–1500-Gal DW UL Fuel Tank
• (10) 4/0 Camlock cable 50’
• (10) Male Pig Tail
• (1) Delivery and pick up of all equipment
• Installation of all temporary electrical as required to provide power to the new pump station. • Start-up and testing of generator
NOTE: Excludes Fuel. Fuel to be invoiced weekly based on actual delivery amounts.
ATTACHMENT A
16182 Gothard Street, Unit I
Huntington Beach, CA 92647
Tel: 714-847-5957 / Fax: 714-847-5958
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Packaged Pump Specialists
CA Lic# 665995
INT.____________
PRICING
Total Change Order Cost: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,327.00 INT.____________
Fuel Cost:
o Cost plus 15% to be billed weekly – See below for fuel estimated cost at 100% load
TERMS AND CONDITIONS OF SALE
All sales by and purchases from Variable Speed Solutions Inc.., (Seller) are governed by the following terms and conditions:
1. All purchases and credits occurring after the closing date of a month will appear on the periodic statement for the next month. Payment shall be made to the Seller in U.S. currency at its offices in Huntington Beach, Orange County, California.
2. All subcontractor rental agreement T and C to be incorporated as part of this proposal.
3. Orders regularly entered, whether verbal or written, can only be cancelled in writing by the Buyer upon terms that will compensate the Seller against loss for actual costs incurred to date. Any additional paperwork furnished at the Buyer's request, such as sketches, drawings and specification sheets will be charged at Seller's cost.
4. Any claim for defects, damages or shortages of an order delivered must be made by the Buyer i n writing and delivered to Seller within a period of ten (10) days after delivery. Failure to make such claim within the specified time constitutes an acceptance and admission that the order fully complies with the
16182 Gothard Street, Unit I
Huntington Beach, CA 92647
Tel: 714-847-5957 / Fax: 714-847-5958
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Packaged Pump Specialists
CA Lic# 665995
INT.____________
terms, conditions and specifications required. The Seller's liability shall be limited to the stated selling price of any defective goods and shall in no event include special or consequential damages, including profits (or profits lost).
5. The Buyer bears the risk of loss of or damage to or destruction of the goods from the time of delivery.
The Seller retains title to the goods until the Buyer pays the entire purchase price as specified plus any interest thereon. If requested by Seller, Buyer shall execute a security agreement and financing statement evidencing Seller's security interest in the goods delivered to Buyer
6. If the credit of Buyer in the judgment of the Seller becomes impaired at any time, the Seller has the right to require payment in advance before making further shipments, and to demand immediate performance of the Buyer of all obligations imposed upon him by this agreement.
7. If there is any breach of or default under this agreement and if the same is placed in the hands of an attorney for collection, or if collected by lawsuit or through the probate or bankruptcy court, or if any action of foreclosure be had hereunder, Buyer shall be liable for reasonable attorney's fees incurred by the Seller. In the event of default by Buyer, Seller may immediately proceed to enforce payment o f Buyer's obligation and exercise all the rights and remedies provided by the Business and Commerce Code of the State of California, or the Uniform Commercial Code, as well as any other rights and remedies afforded to Seller by law. Should Buyer be in default, Seller may require Buyer to return all goods previously delivered to Buyer by Seller, and any subsequent expenses for retaking, holding, preparing for sale, and reselling of such goods shall be at Buyer's expense. Funds realized from such resale shall be credited to Buyer's unpaid account.
8. The Seller, or any credit bureau or investigating agency employed by the Seller, is hereby authorized to investigate the references herein listed or statements or other data obtained from the Buyer or from any other persons pertaining to the Buyer's credit or financial responsibility. The Buyer has read and understands the foregoing terms and conditions of this application for credit and has signed the same as an indication of intent to enter into an agreement with Seller for the future purchase of goods and services from time to time. The Buyer also understands that upon acceptance of this application by the Seller, this document constitutes an agreement between the Buyer and the Seller for payment of debts owed to the Seller in return for the delivery of goods ordered or performance of services requested by Buyer.
9. The terms herein contained shall be governed by the statutes of the State of California and specifically the Business and Commerce Code of the State of California and the Uniform Commercial Code. In the event that any account owing by Buyer to Seller becomes delinquent, and legal proceedings are instituted for collection of said account or indebtedness, such legal proceedings may be instituted and prosecuted against Buyer and its guarantors, if any, in any Court in Orange County, California, and the undersigned expressly agrees that venue for such proceeding shall be in Orange County, CA, even if the principal offices of the Buyer are located in another county within this state or outside of this state.
10. SELLER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OF
THE GOODS DELIVERED TO BUYER NOR THE FITNESS OF SUCH GOODS FOR A PARTICULAR USE UNLESS A WRITTEN WARRANTY IS GIVEN TO BUYER BY SELLER AT TIME OF DELIVERY.
11. The terms contained herein may be modified only by written agreement signed by Buyer and an officer of Seller, VARIABLE SPEED SOLUTIONS INC
16182 Gothard Street, Unit I
Huntington Beach, CA 92647
Tel: 714-847-5957 / Fax: 714-847-5958
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Packaged Pump Specialists
CA Lic# 665995
INT.____________
12. Seller warrants that the water pumping system or components will be free of defects in Materials and workmanship for 2 years from date of authorized start-up but not later than 27 months from date of invoice.
Provided that all installation and operation responsibilities have been properly performed and documented. Seller will provide a replacement part or component during the warranty life. Repairs done at Seller expense must be pre-authorized. Upon request, Seller will provide advice for troubleshooting the system.
This proposal contains equipment that may require costly means t o remove or replace based on site conditions. Seller will not accept liability for costs associated with the removal or replacement of equipment in difficult to access locations. This includes but is not limited to the use of diving services, barges, helicopters, or other unusual requirements.
Default of any agreement with Seller or.
a. The misuse, abuse of the pumping package outside its intended use. b. Failure to perform required maintenance service.
c. Pumping water not suitable for irrigation.
d. Exposure to electrolysis erosion.
e. Water salinity in excess of 2000 parts per million.
f. Water from a reverse osmosis plant without countermeasures in place. g. Water with a Langelier Index less than -0.5 and greater than +1.5 h. Presence of destructive gaseous or chemical solutions in or around the packaged system.
PAYMENT TERMS: All Purchase Orders are subject to acceptance at factory in Dallas, Texas. Receipt of production deposit, verification of acceptable credit, and confirmation of order are required before production. 50% production deposit required upon order, 40 % to be invoiced prior to delivery and remaining 10% to be billed upon satisfactory completion of startup net 30 NOT TO EXCEED 120 DAYS FROM DATE OF DELIVERY NO RETENTION SHALL BE HELD ON ANY PORTION OF EQUIPMENT PURCHASES.
Sincerely, Accepted:
Brian Pavloff
Signature
Brian Pavloff
President
Date