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Home My WebLink AboutCC AG PKT 2008-07-14 #FF• AGENDA STAFF REPORT DATE: July 14, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWARD CONTRACT TO DYNALECTRIC FOR THE POLICE DEPARTMENT EMERGENCY GENERATOR REPLACEMENT, PROJECT No. BG0902 SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 5762 awarding a contract to Dynalectric for $216,737 to replace the emergency generator at the Police Station. • BACKGROUND: The Police Station was built in 1979 with an emergency generator capable of providing only 65 kilowatts, approximately one third of the power needed to operate the whole building. The primary purpose of a generator is to provide power to the facility in the event of a power outage. The new generator will provide an uninterrupted service and the Police Station would remain in full operating order. Currently, the Police Station runs the 911 Dispatch, West Communications Center, the new jail facility and other emergency loads. These new loads exceed the capacity of the existing generator and a larger, more efficient generator is required to meet the current demands of the Police Station. The scope of work is to remove the existing generator, remove the outdated electrical equipment, install a new diesel fueled generator, and install a new fuel tank and electrical facilities. Staff sent out three requests for proposals to contractors for a design build contract. This delivery method will provide a fast turnkey product and wilt incorporate both design engineering and construction. • Agenda Item FF Page 2 Per the City's Charter section 1010.5 Design-Build Contracts on Public Works, no design-build process contract shall be executed unless the City Council makes written findings that use of the design-build process on the project will accomplish one or more of the following objectives; reduction of project costs; expediting project completion; or provision of design features not achievable through the design-bid build process. The staff recommends this option over based on the findings following findings, project completion. the traditional design bid build method reduction of project cost and expediting Findina 1 -Reduction of Project Cost By selecting the design-build method, it is a single source company to provide engineering and construction. While in design, material may be ordered to lock in pricing and avoid inflation. Change orders are reduced since the design and construction is under one contract. This puts the accountability solely on the company which will significantly reduce risk to the City. Finding 2 - Exgeditina Proiect Completion By selecting a company that has the capabilities of both engineering and construction, it significantly reduces the time of the project. For example, during the design phase, the generator may be ordered and site demolition may start concurrently. It would also eliminate the bid period and simplifies staff oversight. This reduces the project delivery time by six to eight weeks. Staff received three proposals based on a 200kW generator with the following results: Rank Contractor Amount 1 Dynalectric $216,737 2 Fakouri Electric Engineering $260,856 3 Todd Power Services $328,022 Staff spoke to all three contractors to verify each proposal's scope of work. The scope of work includes measuring the current and future electrical demands and verifying the size of the generator. After the verification, the appropriate generator will be procured and construction will commence. The project cost is for a complete turnkey operation. Staff has verified Dynalectric's references and is qualified to perform the work. They have completed similar projects in the nearby area. • Page 3 • FINANCIAL IMPACT: Budget Amendment No. 08-16 approved $465,000 to replace the generator. There are sufficient funds for the project. During the analyses of the current and future electric demands, the size of the generator may change and alter the price lower or higher. RECOMMENDATION: It is recommended that City Council adopt Resolution No. to award a contract to Dynalectric to replace the emergency generator at the Police Station and authorize the City Manager to enter into a contract with Dynalectric for $216,737. SUBMI D BY• Vince Mastrosimone Director of Public Works • Attachments: A. Proposal B. Resolution C. Contract NOTED AND APPROVED: ~~ ®,.Y David Carmany, City Manager • • C7 ~~ Dynalec~ric M ENCOR Company 3/25/08 Michael Ho City of Seal Beach Public Works 211 8~ Street Seal Beach, Ca. 90740 Ph: 562-431-2527 Fax: 562-430-8763 RE: Police Department Emer>?ency Generator Replacement Michael, 4462 Corporate Cerrter Drive Los Alamitos, CA 90720 (714) 828-7000 x2352 Fax: (714) 4842385 Dynalectric is pleased to submit the following quotation for the above referenced project. Our quote is based on the job walk with Michael Ho and the scope of work dated 3/11/08. No spec sections or addendums noted. Please note the following Inclusions, Exclusions and Clarifications listed below. Base Bid Electrical: $198,200.00 Adder for Generator to Supply Building during shut down: $ 10,355.00 (Includes fuel for 24 hours g 3 days) Adder to replace panels and lighting control inside Switchgear room: $ 6,200.00 Adder for Bond Fee if Required $ 1,982.00 Inclusions: • Engineering, Plan Check, and Permit Fees • Demolition of existing switchboard, generator, fuel tank, and transfer switch • Load Monitoring of Switchboard to determine. full load • Purchase and installation of new 200ICW Generator with 1500 Gallon sub base tank (Capable of 5 days of operation at full load) • Installation of Concrete Pad for Generator • Installation of 800A Main Switchboard with underground pull section, meter section with 800A Main Switch, 800A ATS switch, and Distribution section for existing panel feeds. • Temporary power to Panel E1 during construction as required • Relocate existing panel attached to old switchboard to wall space Exclusions: ~~~~ ~ 0 ~~~`'i~s .= ~~ D~nalec~ric ~ Field polnting An E~rcoR company • Performance and Payment Bonds • Utility Company charges or Cabling • Fire Life safety, Sound, EMS, or Security Systems • Upgrade of existing electrical or systems to code. • Repair or replacement of existing light fixtures, lamps, or ballasts 4462 Corporate Cerrter Drive Los Alamitos, CA 90720 (714) 828-7000 x2352 • Fax: (714) 484-2385 If you have any questions please do not hesitate to call. My direct line is (714) 236-2352. This proposal is valid for 30 days from date shown above due to Copper and Metal prices increasing on a weekly basis. OUR POLICY - To be your "Single solution contractor" by providing the finest and fasted electric and data ser>~ce possibly while installing quality material by electricians who are expertly skilled in their profession who not only leave the premises clean, but also are courteous and neat in their appearance. _ _ , , , , _ _ . . NOTICE TO BUYER "Under the Mechanics' Lien Law (Section 7018, California Business and Professional Code) any wntractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his warlc or supplies, has a right to enforce a claim against your property. This mesas that, after a • court hearing, your property could be sold by a covet officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in fiill, if the subco~actcr, laborer, or supplier remains unpaid" "Contractors are required by law to be licensed and regulated by the Conhacto:s State License Board. A.ny questions concerning a contractor may be referred to the Register, Conhactois State License Board, 3132 Bradshaw Road, Sacramento, California. Mailing Address: P.O. Box 26000, Sacramento, California 95826 Sincerely, JKic~iael'Gigh>~.foot Project Manager • <~°"'~ t~ o `' e V F E SPECIALIZING IN POWER SYSTEMS AND ENGINEERING • FAKOURI ELECTRICAL ENGINEERING, INC. CORPORATE OFFICE 302D2 Esperenza Rancho Santa Margarita, CA 82888 948.888. 2400 800.688.8882 FAX 949.888.2414 www.fee-ups.com REGIONAL SERVICE CENTERS NATIONWIDE "Excellence through innovation, engineering and expe-ience" (Est 1975) , ~~CJe~rti~fiTed W1JL'iV Women's Business Enterbrise March 27, 2008 Police Department Emergency Prepared For. Michael Ho, City of Seal Beach Submitted Bp: Eric HattonJDan Gallagher ~ FEE, Inc. Re£ Quote #: 13905 Job Location: 911 Seal Beach Blvd., Seal Beach, CA 90740 ~~~~Seal 1~eucrl Public Works Department MAR 2 7 2008 RECENED Fakouri Electrical Engineering has been providing Engineering and Installation Services for over 30-years with a proven track record of "on-time" and "on budget" turn-key projects. With an in-house staff of engineers, technicians and installers we can provide you full turn- key solutions for any of your critical power needs. Thank you for the opportunity to provide you the following quotation for your review and consideration: Engineering. Desisn and Construction: - Furnish and install multi-channel chart recorder fora 7-day period to record and verify facility load requirements - Provide engineering report and recommendations for proper switchgeaz and generator sizing - Engineering and system design drawings - City permits and plan check - Excavation of new generator azea - Soil and debris removal - Concrete pad and retain walls - Coring and saw cutting - **Please Note** equipment sizing, configuration, specification and bill of material subject to change based on results of detailed engineering study. Eguiment• (Qty-1) Kohler 200KW generator, model# 200REOZJD, 120/208vac, 3-phase, 4-wire, 60hz and (Qty-1) Kohler 800A ATS model# KCS-DCWA-0800S, 208vac, 3-phase, 4- wire, 4-pole, NEMA 1 with the following features: - Block heater - Battery charger - 1,842 gallon fuel tank to provide 5-day run time - Weather proof, sound shield enclosure ~ (Qty-1) 800A NEMA 1 indoor switchboazd, 120/208vac, 3-phase, 4-wire, 65KAIC with meter section and distribution with the following circuit breakers: - (Qty-1) 450A Breaker - (Qty-1) 225A breaker - (Qty-1)125A breaker - (Qty-5) 100A breakers - (Qty-1) 70A breaker - (Qty-1) S OA breaker Police Department Emergency Generator Replacement FEE -March 27, 2008 Installation• ~ The installation portion of Option-2 will require a two phase approach. Phase-1 will be the replacement of the existing 1200A switchgeaz with the new 800A system. Once the new switchgeaz is installed Phase-2 will be to install and connect the new generator system to support the entire switchgeaz. Panel El will be supported via generator back-up during the entire project. - Provide temporary generator to support existing 225A panel "E1" during construction based on a three week rental period. - Furnish and install temporary cabling to connect temp generator to panel E1. Note: This work to be done "hot" to provide zero outage to panel El - Remove and dispose of existing 1200A switchgeaz - Rigging and installation of new 800A switchgeaz - Interception of existing distribution circuits and connection to new switchgeaz - Remove and dispose of existing 60KW generator and ATS - Rigging and installation of new 200KW generator - Rigging and installation of new 800A ATS - Rigging and installation of new 800A generator distribution - Provide conduit and cabling from existing switchgeaz to 800A ATS - Provide conduit and cabling from ATS to new switchgeaz - Provide conduit and cabling from ATS to generator - Provide circuits, conduit and cabling for block heater and battery charger in generator enclosure - Provide approximately 1,900 gallons #2 red diesel - System start-up and testing Pn~C1IIL Engineering, Design and Construction: $44.650.00 Equipment: $98.,818,00 Installation: $134.919.00 Notations• 1. Applicable sales tax and freight not included 2. Pricing of switchgear replacement and cutovers based on after hours work Authorization to proceed with quote # ]3905 above and accept to terms and conditions as stated. . Accepted Bp Srgnatvre/Date - If acceptea~ please send /fax purchase order, acceptance, or applicable customer correspondence to: Attn: Eric Hatton or Dan Gallagher Fakouri Electrical Engineering 30202 Esyeranza Rancho Santa Mar rita CA 92688 949-888-2400 Ext. 226 Fax# 949-888-2416 email• ehatton(a~fee ups com • • ~' :R' • ~4 '~,' 4 • • Company: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Contact: Michael Ho, City Engineer Phone: (562) 431-2527 x1322 Fax: Email: Date: Proposal Number: Valid: Prepared By: Cell: Email: Terms: Ships: Todd Power Services, InG 904 North Morgan Street Orange, CA 92867 Tel: (714)532-9308 Fax: (714) 532-9509 Cell: (714) 292-1773 www toddpowerservice~com April 2, 2008 20080402A1-A 30 Days Daniel C. Todd 714-292-1773 dtodd@todd powerserv ices.com See terms and conditions Not Applicable Re: Police Department Emergency Generator Replacement Project #BLD 101 This quotation responds to your inquires for the complete turnkey installation for your Project #BLD 101 based on your RFP. ~ ~- 1 1 • Cummins 200KW Diesel Generator, Model 200DSHAC 120/208VAC, 3 phase, 4 wire with sound attenuated enclosure and UL 142 diesel fuel tank (5 day run time) and Onan 800Amp ATS, Model OTPC800, 120/208VAC, 3 phase 4 wire, 4 ole 2 1 . Materials and Expenses to install the 200KVA Generator and 800 amp ATS, includes all wire, conduit, new 800A NEMA 1 indoor switchboard, 120/208vac, 3-phase, 4-wire, 651CAIC with meter section and distribution with the following circuit breakers: one 450A Breaker, one 225A breaker, one 125A breaker, five 100A breakers, one 70A breaker, one 50A breaker and associated materials 3 1 . Services/Laborto install above materials and equipment. This includes service testing and load calculations to verify sizing of generator, engineering fees and drawings, all permits and plan check, labor, travel, crane rental equipment, concrete and block work, excavation, deanup and expenses to install the above materials per National Building and Electrical Code standards. 4 1 . 70KW 120/208vac Rental Generator, 100 ft. of power cable, Includes Delivery, Pickup, Hookup and disconnect. Daily, weekly, monthly charge sin le shift rates Generator and ATS (item 1 : $60,094.00 Materials Subtotal (Item 2 : 55,544.00 Frei ht Estimate: Not Included Taxes: Not Included Services Subtotal (Item 3): $210,134.00 Services Sub~tal One Month) Item 4): $2,250.00 Total Project Cost: $328,022.00 Page 1 of 6 PLEASE NOTE: • 1. Temporary cabling to connect temp generator to panel E1 will be done "hot" to provide zero outage to panel E1 2. All work to be completed during normal business hours except for required cutovers. 3. Includes start up and testing and initial fuel fill 4. Todd Power Services terms and conditions apply. EXCLUSIONS -Our proposal does not include the following items but can be provided at additional cost• SALES TAX IS NOT INCLUDED Specifications This quote is based on our understanding of your verbal specifications provided which aze documented in our quotation. These specifications may or may not meet all jobsite requirements. Permits and licenses Permit and license costs for local air board are included in this quote. Special Permits. Public Notification Mail-outs Special Emissions Eguipment• Faclhtles operating an emergency generator within 1,000 feet of a school property line may require- specialpermits or emissions equipment by local air board. Cost of the special emissions equipment PM Trap, public mail out notifications, and permits are not included in our quotation. Credit Credit is subject to Todd Power Services approval in its sole discretion. This quote in • no way constitutes approval of credit. Terms and Conditions Payment terms aze 1/3 with Purchase order, 1/3 due upon equipment delivery, fina11/3 net 30 Days from job completion, subject to all of the Credit Terms contained in our Credit Application and this document. (1 %:% per month will be chazged on past due accounts). Partial shipments will be invoiced proportional to total quoted price, payable 30 days after shipment. Note: If your job conditions or schedule result in partial or incomplete shipment of products and equipment provided by Todd Power Services, you will be invoiced according to the dollar value of the shipped items. These invoices then become due and payable 30 days after shipment and not when the job is completed. All purchase orders must reference our quotation. All purchase orders must be acknowledged in writing by Todd Power Services. to be deemed accepted. Purchase orders which are issued with a hold for release date are subject to re-evaluation at the time of release. Unless mutually agreed upon in writing, Todd Power Services, Inc will not accept purchase orders which: a) specify delivery dates that are not subject to manufacturer's lead times. • b) contain penalty clauses or liquidated damage clauses. . Proposal #: 20080402A1-A SBPD Project BLD 101 Page 2 of 6 • c) require Todd Power Services to indemnify and hold harmless the purchaser, unless the purchaser also agrees to indemnify and hold harmless Todd Power Services. d) require Todd Power Services to pay any and all legal expenses for the purchaser in the event of a dispute. e) require Todd Power Services to be responsible for system design work and/or guarantee that a performance standazd for a system will be met. f) require completion and acceptance of the project by the owner before payment. g) require anything other than Todd Power Services stated policies on Y2K compliance. Start and Test may be invoiced sepazately at your request but it is subject to Todd Power Services partial invoicing policy. Storage fees maybe assessed if your job site is not able to accept delivery on the requested date. Validity of the Ouote: This quote is valid for 30 days following the quote date. This quote maybe modified and/or rescinded by Todd Power Services at its sole discretion unless and until accepted on or before the quote date. Availability: Subject to manufacturer lead time. Estimated Delivery 12 to 14 weeks after submittal approval _ _ Note: The Terms and conditions of this quotation govern over any conflict between this quotation and customer's purchase order or other document, made either prior or subsequent to this quotation. • Thank you for this opportunity to quote our services. Please call if we may answer any questions, or be of further service. Submitted By, Todd Power Services Daniel C. Todd Account Manager Tel: 714-292-1773 Email: dtoddl@toddpowerservices.com Proposal #: 20080402A1-A SBPD Project BLD 101 Page 3 of 6 RESOLUTION NUMBER 5762 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING A CONTRACT TO REPLACE THE EXISTING POLICE STATION EMERGENCY GENERATOR NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby finds by selecting the design-build method it is a single source company to provide engineering and construction will result in a reduction of project cost. SECTION 2. The City Council hereby finds by selecting a company that has the capabilities of both engineering and construction it will expedite project completion. SECTION 3. The City Council hereby approves the proposal dated 3/25/08, 2008 from Dynalectric for $216,737. SECTION 4. The Council hereby directs the City Manager to execute the contract for the Police Station Emergency Generator Replacement Project with Dynalectric. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 14th day of Julv , 2008 by the following vote: AYES: COUNCILMEMBERS S NOES COUNCILMEMBERS : ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5762 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 14th day of Julv , 2008. • City Clerk • AN AGREEMENT FOR REPLACEMENT OF THE EMERGENCY GENERATOR SEAL BEACH POLICE DEPARTMENT between • City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Dynalectric Inc. 4462 Corporate Center Drive Los Alamitos, California 90720 Fax: (714) 484-2385 THIS AGREEMENT is made and entered into this 14th day of ~uly 2008, by and between the City of Seal Beach, a California charter city ("City"), and Dynalectric, Inc., a corporation ("Contractor"). • 1of10 57296-0200\1067022v1.doc RECITALS • A. WHEREAS, City desires to replace the emergency generator for the Seal Beach Police Station located at 911 Seal Beach Boulevard, Seal Beach, California ("Project"); and B. WHEREAS, Contractor has submitted a bid to City for the Project dated May 30, 2008 ("Exhibit A"), which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WI~REAS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WHEREAS, Contractor represents that it is experienced and skilled in the performance of the services required to undertake the work required under the Agreement, and is duly licensed to undertake the same; NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1. Scone and Level of Services. Subject to the terms and conditions • set forth in this Agreement, Contractor shall provide the technical and professional services ("Services") set forth in Exhibit A, which is hereby incorporated by this reference. Such Services shall include, without limitation: 1.1.1. Payment of all required engineering, plan check, and permit fees; 1.1.2. Demolition and removal of the existing switchboard, generator, fuel tank, and transfer switch; 1.1.3. Monitoring of the Switchboard to determine its full load; 1.1.4. Provision and installation of a new 200 kilowatt generator with 1500 gallon sub base tank, which generator must be capable of a 5 days of operation at full load; 1.1.5. Installation of a concrete pad suitable for the new emergency generator; 1.1.6. Provision and installation of an 800 amp Main switchboard, including an underground pull section, a meter section with an 800 amp main switch, an 800 amp ATS switch, and a distribution section for existing panel feeds; 1.1.7. Provision, as needed during construction, of temporary power to Panel El; • 1.1.8. Relocation of the existing panel attached to the old switchboard; 2 of 10 S7296-0200\1067022v1.doc O 1.2. Excluded Services. The scope of Contractor's Services under this Agreement shall not include the following: 1.2.1. Field painting; 1.2.2. Provision of either a performance or payment bond; 1.2.3. Payment of any utility company chazges or provision of any utility cabling; 1.2.4. Upgrading existing electrical systems to current code standazds; 1.2.5. Repair or replacement of existing light fixtures, lamps, or ballasts 1.3. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of Exhibit A, the provisions of this Agreement shall prevail. 1.4. Time for Performance. Contractor shall perform all Services under this Agreement on a timely, regular basis consistent with industry standazds for professional skill and caze. Contractor shall complete all Services within 120 calendaz days after the Effective Date of this Agreement. • 1.5. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience and licenses necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. 1.6. Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, it (a) has investigated and considered the scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Contractor represents that, to the extent required by the standard of practice, it has investigated the subject site and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of Services, Contractor shall immediately inform City of such fact and shall not proceed, except at Contractor's risk, until written instructions are received from the City Representative. 2. Term of Agreement. This Agreement is effective as of July 14, 2008 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement, unless sooner terminated as provided in Section 9 herein. 3. Compensation and Expense Reimbursement. 3.1. Compensation. City shall pay Contractor the fixed price of • $216,737, which amount shall be Contractor's full and total compensation in connection with the 3of11 S7296-0200\1067022v1.doc Agreement. In no event shall the City pay Contractor more unless additional services are • provided pursuant to Section 3.4. 3.2. Taxes and Deductions. City shall not withhold any federal, state or other taxes, or other deductions. 3.3 Time of payment. City shall pay progress payments based on an approved Schedule of Values, attached as Exhibit B. Payments to be made within 30 days of invoice. 3.3. Additional Services. City shall not pay Contractor for additional services unless the City Council authorizes, in advance, such services. Contractor's compensation for any such additional services shall be agreed to in writing. 4. Contractor's Personnel. 4.1. All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of caze set forth in Section 5 below. • 4.3. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. 4.4. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Standard of Performance. Contractor shall perform all Services to customary professional standards and in a manner reasonably satisfactory to City. 6. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees • of City. Contractor shall pay all required taxes on amounts paid to Contractor under this 4 of 10 57296-0200\ 1067022v l.doc • Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Indemnification. 7.1. Contractor's Duty. Contractor shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor's duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors, or omissions of Indemnitees. Contractor shall defend Indemnitees in any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities with counsel of City's choice and shall pay all costs and expenses, including attorneys' fees actually incurred in connection with such defense. 7.2. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 7.3. Waiver of Right of Subro ag tion. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 7.4. Survival. The provisions of this Section 7 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 8. Insurance. • 8.1. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or Sof10 57296-0200\1067022v1.doc damages to property and professional negligence which may arise from or in connection with the • performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. 8.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 8.3. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance • or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 4. Professional Liability: $1,000,000 per claim aggregate. 8.4. Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to professional liability insurance. 8.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage • shall contain no limitations on the scope of protection afforded to City, its officers, officials, 6 of 10 S7296-0200\1067022v1.doc • employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. 2. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 5. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. • 8.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII unless waived in writing by City's Risk Manager. 8.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. Termination. Either party shall have the right to terminate this Agreement at any time for any reason on written notice to the other party. In the event either party exercises its right to terminate this Agreement, City shall pay Contractor for any services rendered prior to the effective date of the termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. 10. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of the Services does not void this Agreement. 1.1. Notices. Any notices, bills, invoices, or reports authorized or required by this • Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business 7 of 10 57296-0200\1067022v1.doc hours or by facsimile before or during Contractor's regular business hours; or (b) on the third • business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: William B. Davenport Dynalectric Inc. 4462 Corporate Center Drive Los Alamitos, California 90720 Fax: (714) 484-2385 12. Non-Assignability; Subcontracting. Contractor shall not assi • gn, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 13. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 14. Non-Waiver of Terms Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15. Attornevs' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including attorneys' fees actually incurred in connection with such enforcement or interpretation. 16. Construction. The validity, interpretation, and performance of this Agreement • shall be controlled by and construed under the laws of the State of California. In the event of any 8 of 10 S7296-0200\1067022v1.doc • asserted ambiguity in, or dispute regarding the interpretation of any mattes herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. • 17. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH By: David Carmany, City Manager Attest: By: Linda Devine, City Clerk Approved as to Form: By: Quinn Barrow, City Attorney 57296-02000 067022v l .doc 9of10 By: By: Name: Title: DYNALECTRIC, INC. William B. Davenport Secretary & CFO O EXHIBIT A MAY 30, 2008 LETTER FROM CONTRACTOR SUBMITTING BID r~ 10 S7296+0200\1067022v1.doc ~~~f `f~ ~~~ • ~ A1~r i:71~1R >r 3/25108 Michael Ho City of Seal. Beach Public Works 211 $~' Street Seal Beach, Ca 90740 Ph: 5~2-432-2527 Fax: 562-430-8763 RE: Police Department Emeraency Generator Replacement Michael, 4462 Corporate Center Drive i.~ Alamitos, CJ19~720 {714) 82&7000 x2352 Fax: (714} 484-2385 Dynalectric is pleased to submit the following quotation far the above referenced project. Gur quote is based on the job walk with Michael Ha and the scope of work dated 3!11108. No spec sections or - - addeadums noted. Please note the following Inclusions, Exclusions and Clarifications listed below: - - • Base Bid Electrical: $198,200.00 Adder for Generator to Supply Building during shat dawn: $ 10,355.00 (Includes fuel for 24 hours x 3 days) Adder to replace panels and lighting control inside Switchbear roam: $ 6,200.00 Adder for Bond Fee if Regaired Inclusions: $ 1,982.00 ~~ ~~ . ~~ ~ , v~ ~~ ~~ ~ • Engineering, Plan Check, and Permit Fees * Demolition of existing switchboard, generataz, fuel tank, and transfer switch • Load Monitoring of Switchboard to determine full load • Purchase and installation of new 200KW Generator with 1500 Gallon sub base tank (Capable of 5 days of operation at full load} • lnstallatian of Concrete Pad for Generator • Installation of 800A Main Switchboard with underground pull section, meter section with 800A Main Switch, 800A ATS switch, and Distribution section for existing panel feeds. • Temporary power to Panel E1 during construction as required. • Relocate existing panel attached to old switchboard to wall space Exclusions: • Field painting ~ ~ F ~~ „~~ UKAS ~""° ICsS ~°~"' '~ PerfOn~a><2d Pa • Utility Company charges or Cabling • Fire Life safety, Sound, EMS, or Security Systems ' Upgrade of existing elet~rical or systems to code. • Repair or replacement of existing light fixtures, lamps, or ballasts 4462 totpnrate Certter Dove its Alamitos, CA 90720 (714} 828-7000 x2352 Ft~c {714} 484-2385 if you have any questions please do rat hesitate to call. My direct line is (714) 235-2352.1'his proposal is valid for 30 days from date shown above due to Copper and Metal prices increasing on a weekly basis. OUR POLICY - To be your ".Si-tgle solution contractor" by providrrtg the forest Grid faster! electric meat dat6r service passible, while installing quality material by electricians who are expertly skilled ~ their pe ujession, who real only Erave the premises clean, but also are carvieous aced Beat in their appearance. Na~CE ro BUYER "Under the Mechanics' Lion Law (Section 7(118, California Businessand Professional Code} artyrrotttractor. subcontractor, taboret, supplier orothetpetson who helps to improve your property but is not paid for his work ar supplies, has a right to enforce a chum against your property. '['his means that, after a court hearing, ynur property could be Bald by a court officex and the pr+occcds of the sate used tc> satisfy the indebtedness. This can paid your cflntsactor in „ „ ~pl~ evert if you have ~, if the subcArttractor, taborer, ear supplier remains unpaid. Contsactars are required by law to be licensed and regulated by the Cont:actars State License Board. Any questions concerning a contractor may be referezd bo the ltegisiei, Conhactors State License Board. 3132 Bradshaw 3toad, Sac~arnznto, California Mailing Address: f.0. Box 26000, Sacrartxnm, California 951126 Sincerely, ~tic~lL~Bf~vot Project Manager ., ~`~ e ~~S • • • Dynalectric Schedule of Values Bllling Form Jab Name 'Seal Beach Police Station Generator Replacement Job No Subcontractor / Supplier Name City of Seal Beach Date Payment Remittance Address 2118th St. Invoice No. Seal Beach, Ca. 90740 For Period Ending Phone No. 562-43i-2527 FAX No. 582.430-8768 Total Current Contract Amount Work Completed To Date Less Retention C.O. # •• ~ Amount ~ Total °k •-~ Requested Amount 1 0 100% 0 2 0 100% 0 3 0 100% 0 4 0 100% 0 5 0 100% 0 6 0 100% 0 7 0 100% 0 8 0 100% 0 9 0 100% 0 10 0 i00% 0 2nd Page 0 0 Total C.O.'s 0 0 Name Print Name and TdIB: 10% 58065 07,IuF08 30,1u~08 I 7.00 0.00 0.00 Less Previous Payment Requests 0.00 Amount Due This Payment Request 0.00 ~ ~ • • Vendor No. Job No. 58085 T e S Item SUB Code Extension Entered A roved Date Paid App. No. Check No. (SIGNATURE FROM OFFICER OF COMPANI~ I