Resolution No. 8142{f
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RESOLUTION N6. 8142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF WESTERN POWER
INDUSTRIAL ELECTRIC, INC. ON BID NO. 1423 FOR THE
PURCHASE OF ONE BACKUP GENERATION SYSTEM FOR
BOOSTER PLANT 2 FOR THE COMMUNITY SERVICES & WATER
DEPARTMENT AND APPROVING AND AUTHORIZING THE
EXECUTION OF AN EQUIPMENT PURCHASE CONTRACT AND THE
ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID
WHEREAS, the Community Services & Water Department needs a
backup power generation system for Booster Plant 2, located at 4355
Downey Road; and
WHEREAS, pursuant to Resolution No. 8124 adopted by the City
Council of the City of Vernon on December 18, 2002,'the City Clerk was
directed to give notice inviting sealed proposals or bids for the
purchase of a backup power generation system at Booster Plant 2 in
accordance with a bid specification provided by the Community Services
& Water Department; and
WHEREAS, based upon the bid specification, the Purchasing
Department prepared Bid No. 1423 dated January 7, 2003, and proceeded
to solicit bids for the purchase of the backup power generation system;
and
WHEREAS, sealed bids for Bid No. 1423 were opened on
January 21, 2003, and reviewed by the Community Services & Water
Department; and
WHEREAS, by letter dated January 29, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that Bid No.
1423 be awarded to Western Power Industrial Electric, Inc., the lowest
responsible bidder meeting the requirements of Bid No. 1423.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
awards Bid No. 1423 to Western Power Industrial Electric, Inc. and
accepts and approves the Equipment Purchase Contract, a copy of which
is attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Equipment
Purchase Contract on behalf of the City and authorizes the issuance of
a purchase order for the purchase of a backup power generation system
pursuant to Bid No. 1423.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
Western Power Industrial Electric, Inc.
Attn: Don Bendon
13005 Los Nietos Road
Santa Fe Springs, CA 90670
SECTION 5: All other bids in connection with Bid No. 1423
are rejected, subject to execution of the aforesaid contract documents
from Western Power Industrial Electric, Inc., accompanied by all
required certificates.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 5th day of February, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALE RG, M or
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STATE OF CALIFORNIA
j ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8142, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 5,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
0
1 EQUIPMENT PURCHASE CONTRACT
2
3 THIS CONTRACT is made, entered into and executed in duplicate
4 originals, either copy of which may be considered and used as the
5 original hereof for all purposes, as of this day of February,
6 2003, in the City of Vernon, County of Los Angeles,
7 BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
Vernon, CA 90058
9
AND WESTERN POWER INDUSTRIAL
10 ELECTRIC, INC.
(hereinafter referred to as
11 "Western Power")
13005 Los Nietos Road
12 Santa Fe Springs, CA 90670
13
RECITALS
14
15 WHEREAS, on January 7, 2003, the City issued Bid No. 1423
16 requesting bids for the City's purchase and installation of one (1)
17 backup power generation system for Booster Plant 2, located at 4355
18 Downey Road; and
19 WHEREAS, on January 20, 2003, Western Power submitted a bid
20 for the sale and installation of the backup power generation system at
21 the City's Booster Plant 2 pursuant to Bid No. 1423; and
22 WHEREAS, on January 21, 2003, the City received the bid
23 submitted by Western Power, as well as other proposals, for the sale
24 and installation of one (1) backup power generation system identified
25 in Bid No. 1423; and
26 WHEREAS, the City desires to purchase the backup generation
27 system, as further identified in Items 1-12 in the specifications on
28 Bid No. 1423, from Western Power.
I NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
2 FORTH HEREIN:
3 1. Purchase. Western Power agrees to sell and deliver
4 to the City and install and test the backup generation system for
5 Booster Plant 2, as set forth in the specifications contained in the
6 City of Vernon Bid No. 1423, dated January 7, 2003, and identified in
7 Western Power's January,20, 2003 bid (collectively referred to as the
8 "Bid Documents"). A copy of the Bid Documents are attached hereto as
9
Exhibit "A" and incorporated herein by reference.
10 2. Time of Performance. Western Power's performance
11 shall commence upon the full execution of this Contract and shall be
12 completed by Western Power within the time identified in the Bid
13 Documents, unless otherwise terminated or extended pursuant to the
14 terms of this Contract.
15 3. Price. Consistent with its Bid Documents, Western
16 Power agrees to sell, deliver to Booster Plant 2, located at 4355
Downey Road in the City of Vernon, install and test one (1) backup
17
generation system for Booster Plant 2. The City agrees to purchase,
18
subject to final inspection, the backup generation system from Western
19
Power for the total sum of Ninety -Seven Thousand Seven Hundred Ten
20
Dollars and Fifty -Five Cents ($97,710.55), including sales tax.
21
4. Payment Terms. The City agrees to pay Western Power
22
one hundred percent (100%) of the total purchase price, net thirty
23
days, after delivery and acceptance of the equipment by the City FOB
24 destination and receipt of an invoice from Western Power.
25 5. Change and Extra Services. The City reserves the
26 right to request changes in the equipment design, delivery dates, or
27 additions to or deletions from the equipment purchased from Western
28 Power. All such changes shall be incorporated in written change
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orders executed by the City and Western Power that shall specify the
changes ordered and the adjustment of prices, delivery schedules and
warranties. Any equipment or services added to this Contract, under
this section, shall be executed under all applicable conditions of
this Contract. No claim for additional compensation or extension of
time shall be recognized unless contained in a duly executed change
order.
6. Cancellation/Default.
A. This Contract may be terminated by the City for
its convenience upon fifteen (15) days prior written notice and upon
payment of reasonable and proper termination charges, including, but
not limited to, all costs incurred or committed prior to the effective
date of notice of termination and all charges incurred by Western
Power in connection with the termination, plus reasonable overhead and
profit.
B. In the event that Western Power commits a
breach of a material condition of this Contract, the City shall notify
Western Power in writing of said breach and if Western Power has not
cured or begun reasonable efforts to cure after fifteen (15) days of
receipt of said notice, and fails to diligently pursue corrective
action, then the City shall have the right to cancel this Contract.
Western Power shall be responsible for any direct costs due to the
City's re -procurement of the equivalent of the equipment or services
cancelled from Western Power.
7. Confidential Information.
A. Access to Confidential Information. The City
may provide Western Power with, or allow Western Power access to,
certain information not available to the public concerning, but not
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I limited to the City, or businesses located in the City. The
2 information may include, but is not limited to, company information,
3 taxes, sales, value of assets, utility usage, or other such
4 information. All such information shall be known as "Confidential
5 Information" and may not be used to circumvent the responsibility'of
6 either party to this Contract.
7 B. No Disclosure. Except as expressly permitted,
8 Western Power shall not disclose, permit the disclosure of, release,
9 disseminate, or transfer, whether orally or by any other means, any
10 part of such Confidential Information to any other person or entity,
11 whether corporate, governmental, or individual, without the express
12 prior written consent of an authorized representative of the City.
13 Western Power shall return any written Confidential Information, and
14 all copies made of such items, to the City upon the City's written
15 request, but in any event not later than the date that Western Power
16 has performed all services to be performed pursuant to this Contract.
17 Western Power hereby agrees that such Confidential Information and any
18 documents provided may be used by Western Power only as authorized by
19 the City. Western Power shall take reasonable measures to avoid any
20 disclosure of any such Confidential Information to any unauthorized
21 person.
22 C. Court Ordered Disclosure. Western Power shall
23 immediately notify the City of any court order or subpoena requiring
24 disclosure of Confidential Information, and shall cooperate with the
25 City's legal counsel in responding to the appeal or challenge of any
26 such order or subpoena. Recipient may only disclose such Confidential
27 Information required to be disclosed pursuant to court order or
28 subpoena after legal counsel has exhausted any lawful and timely
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I appeal or challenge.
2 D. Remedies. In addition to any other remedies
3 that it may have at law or in equity, the City shall be entitled to a
4 temporary and permanent injunction by a court of competent
5 jurisdiction against any breach or threatened breach of the
6 Confidential Information provisions of this Contract. Western Power
7 acknowledges that in case of such breach or threatened breach of said
8 provisions, the City would have no adequate remedy at law.
9 8. Warranties. Western Power warrants title to the
10 backup power generation system purchased hereunder and any part
11 thereof to be free of any claim of any security interest, lien or any
12 encumbrance. Western Power also warrants that the backup power
13 generation system will be delivered new and shall be free from defects
14 in material and workmanship for the warranty period. Western power
15 shall comply with the warranty provisions set forth in'the Bid
16 Documents. All other manufacturers' warranties, any warranties
17 typically provided by Western Power, and any other warranties made
18 applicable by law shall apply to the City's purchase of the backup
19 power generation system.
20 9. Compliance with Laws. Western Power shall strictly
21 observe and comply with all applicable federal, state, and local laws,
22 ordinances and regulations governing this sale, including but not
23 limited to any permit or license requirements of the United States
24 Department of Commerce, as well as any laws of the United States of
25 America that are in existence at the time this Agreement is executed.
26 In the event that any of the above laws, ordinances or regulations
27 governing this sale are enacted after the execution of this Agreement,
28 any additional costs that result will be mutually agreed upon by the
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parties.
10. Governing Law. The validity, interpretation and
performance of this Contract shall be controlled and construed under
the laws of the State of California.
11. Forum Selection. Any action brought relating to this
Contract shall be brought and held exclusively in a State Court in the
County of Los Angeles, California.
12. Notices. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058-0805
Western Power: WESTERN POWER SERVICES
ATTN: DON BENDON
13005 LOS NIETOS ROAD
SANTA FE SPRINGS, CA 90670
13. General Provisions.
A. Independent Contractor. At all times during the
term of this Contract, Western Power shall be an independent
contractor and shall not be an employee of the City. The City shall
have the right to control Western Power only insofar as the results of
Western Power's services rendered pursuant to this Contract; however,
the City shall not have the right to control the means by which
Western Power accomplishes services rendered pursuant to the Contract
except to the extent that such services involve the use of City
property or confidential information.
B. Western Power Not Agent. Except as the City may
specify in writing, Western Power shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
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I agent. Western Power shall have no authority, express or implied,
2 pursuant to this Contract to bind the City to any obligation
3 whatsoever.
4 C. Indemnification. Western Power shall indemnify,
5 defend, protect and hold the City and its officers, agents and
6 employees, free and harmless from and against any and all claims,
7 demands, losses, damages, liabilities, fines, charges, penalties,
8 orders, judgments and all costs and expenses incurred in connection
9 therewith, including reasonable attorney's fees and costs of defense
10 arising out of the services performed under this Contract, except to
11 the extent arising from or caused by the sole negligence or willful
12 misconduct of the City, its officers, agents, employees or
13 subcontractors.
14 D. Insurance. Western Power agrees to provide
15 insurance in the amounts and forms specified in Exhibit "B," which is
16 attached hereto and made a part hereof by reference. Comparable
17 coverage shall be provided for each subcontractor used in the
18 performance of this Contract. Western Power shall submit to City
19 documentation indicating compliance with these minimum requirements no
20 less than one (1) day prior to the beginning of performance under this
21 Contract. Western Power shall not commence performance of its services
22 under this Contract until the above insurance has been obtained and
23 proof of insurance has been filed with and approved by City..
24 E. Assignment and Subcontracting Prohibited. No
25 party to this Contract may assign or subcontract any right or
26 obligation pursuant to this Contract without the express written
27 consent of the other party. Any other attempted or purported
28 assignment of any right or obligation pursuant to this Contract shall
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I be void and of no effect.
2 F. Entire Agreement. This Contract constitutes the
3 complete and final expression of the agreement of the parties and is
4 intended as a complete and exclusive statement of the terms of their
5 agreements and supersedes all prior and contemporaneous offers,
6 promises, representations, negotiations, discussions, communications
7 and agreements Which may have been made in connection with the subject
8 matter hereof. All exhibits are incorporated by reference. Western
9 Power represents that in entering into this Contract, it has not
10 relied on any previous representations or understandings of any kind
11 or nature.
12 G. Partial Invalidity. Wherever possible, each
13 provision hereof will be interpreted in such manner as to be effective
14 and valid under applicable law, but in case any one or more of the
15 provisions contained herein will, for any reason, be held to be
16 invalid, illegal or unenforceable in any respect, such provision will
17 be ineffective to the extent, but only to the extent, of such
18 invalidity, illegality or unenforceability without invalidating the
19 remainder of such invalid, illegal or unenforceable provision or
20 provisions or any other provision hereof, unless such a construction
21 would be unreasonable or contrary to the intent of the parties as
22 expressed in this Contract.
23 H. Time of the Essence. Time is of the essence in
24 the performance of this Contract and of each and every provision
25 hereof.
26 I. Risk of Loss. Risk of loss or damage shall pass
27 to the City and delivery shall be deemed to be complete upon delivery
28 FOB destination.
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I J. Attorneys' Fees. In the event that it becomes
2 necessary for either party to this Contract to enforce any of the
3 provisions of this Contract, the parties agree that a court of
4 competent jurisdiction may determine and fix reasonable attorney s
5 fees to be paid to the successful litigant.
6 K. Benefit of Agreement. This Contract shall bind
7 and benefit the parties hereto and their heirs, successors, and
8 permitted assigns.
9 L. Force Maieure. Neither party shall be
10 considered to be in default in any of its obligations under this
11 Contract when a failure of performance shall be due to an
12 uncontrollable force.. The terms "uncontrollable force" shall mean any
13 cause beyond the control of the party affected, including, but not
14 restricted to, flood, earthquake, storm, fire, lightening, epidemic,
15 war, riot, civil disturbance or disobedience, labor dispute, labor
16 material shortage, sabotage, federal, state, or municipal action,
17 statute, ordinance, or regulation, embargoes or,the United States
18 Government or any other government, which by exercise of due diligence
19 such party could not reasonably have been expected to avoid and by
20 exercise to due diligence has been unable to overcome. Either party
21 rendered unable to fulfill any of its obligations under this Contract
22 by reason of an uncontrollable force, shall give written notice within
23 five (5) business days of such fact to the other party and shall
24 exercise due diligence to remove such inability with all
25 reasonable dispatch.
26 M. Waiver. Any waiver at any time by either party
27 of its rights with respect to a default under this Contract, or with
28 respect to any other matters arising in connection with this Contract,
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respect to any other matters arising in connection with this Contract,
shall not be deemed a waiver with respect to subsequent default or
other matter.
N. Amendment. All changes or modifications to this
Contract shall be in a writing stating that it is an amendment to this
Contract and shall be signed by both parties or their duly authorized
agents. This Contract shall not be modified through course of
dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Contract to
be executed by and through their authorized officers on.the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
WESTERN POWER INDUSTRIAL
ELECTRIC, INC.
By: `
a J. en on
Title: President
1-7
By:
a en on
Title: Secretary
EXHIBIT A
I TO
REQUEST FOR QUOTATIONS CITY OF VERNON, CALIFORNIA
NOT A PURCHASE ORDER PURCHASING DEPARTMENT
DIRECT ALL watx m To
CITY PURCHASING AGENT CITY HALL
913)5113-aler1 4305 Santa Fe Ave. - Vernon, California 40058
ED
Western Power Industrial Electr R-EcEI,
13005 Lod Nietos Rd
Sang Fe SprYngs,
FOR CITY USE ONLY
QUOTATION NO. _ 1423
DATE MAILED 01/07/03
REC'D BY CITY 21/031 r '
-W
OPENE
a't
Please quota hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may
quetify quotations as "all or none by stating so on body of form. City reserves the right to accept or reject quotations received on any or all
Items. In order to maintain their name on Ci ' ty s Bidder File. Vendor should return this form vhw4h.r a I. wr ....4
QUANTITY
DESCRIPTION
NET UNIT PRICE
TOTAL
1
Booster Plant 2 Backup Generation'System as per
attached specifications.
'If you have any questions regarding the attached,
or would like to arrange a tour of the facility,
please contact Mr. 'Scott Rigg (Water Operations
Supervisor) at (323) 583-8811, ext. 279.
Mr. Rigg can be contacted during the hours of 7:00 a.m.
971710
55-
to 5:30 p.m. Monday thru Thursday.
T?�x TAh
Ltbl
********PLEASE NOTE********
Bid number must be shown on the outside of
the return envelope, otherwise bid will not
be accepted.
/41—L Ok N®A4E fl
IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL, ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNT$
QUOTED FOR PERIODS OF LWS THAN 30 DAYS W LL NOT BE CONSIDERED NMEN ORDER IS AWARDED: BIDS
RECEIVED IN RESPONSE TO THIS REQUEST FOR QUOTATION WILL BE OPENED IN CITY PURCHASING Aamrs
OFFICE ON THE DAY OF An III. -.AT
-- - -- ..�--� r •��� r..�.v.... v. vw Rs . ax ona Excise i axes.
A. Indicate Soles Tax in this space $.............................................. A. Indicate Excise Tax in this space a ...._.....
C. Above quotations subject to Cash Discount of.. -)Or .O. %, FB. -,. - ...........................................
---------- '-••-----
D. To be delivered to CITY OF VERNON!zapwa.. .�.0 .......... ................................•-
We (1) agree to furnish above in :.._..
.....................
----------- days from receipt of purchasee corder at prices specified.
FOR1
irm N e
SIGN HERE .._.....-------------------------------•--
b
CIT"f•COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman'
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/city Clerk
FAX (323) 826-1438
EDUARDO OLIVO
City Attorney
FAX: (562) s69-18s3
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
CITY HALL
4305 SAN'TA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-W11
January 7, 2003
CITY OF VERNON
WATER DEPARTMENT
REQUEST FOR PROPOSAL - SPECIFICATIONS
BOOSTER PLANT 2
BACKUP GENERATION SYSTEM
KENNETH J. DeDARio
Director of utilities
FAX (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX (323) 826-1407
BRUCE W. OLSON
Pope Chief
FAX: (323) $26-1481
The City of Vernon Water Department hereby solicits quotations for the installation of a
backup power generation system. This system will serve Booster Plant 2 located at 4355
Downey Road The generator unit will be used to run two wells and three booster motors
in addition to auxiliary related equipment.
The City has calculated the approximate required capacity of the generator to meet the
load from the pump motor. If your calculations indicate that a different size is needed,
please indicate as such on the bid and provide details on how the sizing was performed.
In addition, provide complete details on installation requirements, such as access
clearance, and height restrictions.
Before the contract is awarded, the City of Vernon requires the contractor to provide
Proof of insurance, including a standard certificate of in. once, in at least the amounts
and coverage indicated on the insurance schedule. In addition to the standard certificate
of insurance, proof of general and umbrella liability coverage shall also be furnished in
the form indicated on the attached insurance schedule (Exhibit A).
BID ITEMS
ITEM 1: Provide and install a new Generic 35OKW diesel generator and-1,850 fuel
tank per attached specifications.
Cost:
ITEM 2: Provide and install a new Generac 1200A Automatic Transfer Switch.
Cost:U
ITEM 3: Provide and install new concrete pad approximately 22' x 12' _x 6" in size.
Cost:
ITEM 4: Provide and install a 42" block wall around perimeter of generator.
Cost: "79A lA)
PTF.M 5: Provide and install approximately 25' of underground conduit for power
and control from generator to the Automatic Transfer Switch.
Cost: 91LID. 40
ITEM 6: Provide and install conduit and wire from Main SwitchGear to Automatic
Transfer Switch.
ITEM 7: Factory startup and testing.
ITEM 8: Labor bank rental.
Cost. yM. l D
2
ITEM 9:
Labor for load bank test.
IUM 10: Chart recorder rental.
Cost: 2
ITEM .11: Include all applicable permit and plan check foes.
Cost: , 2no.60
412: Please include sales tax.
Total �/?Dl •S
Total Cost:%��
%ftL-1— bK ^/6NE
Note: Bid must be received in a sealed envelope and returned to the City of Vernon
Finance department no later than 2:00 p.m., January 21, 2003.
Generator Capacity
350KW Diesel Driven Generator shall consist of the following futures and accessories;
• SD 0300 — K3612.7Di 8EPYYY.
• 350 KW rating, synchronous alternator wired for 277/480 VAC :3 phase, 60 HZ.
• Permanent magnet excitation.
• 1% voltage regulation.
• Analog/digital control panel with.
.1. AC volts,
2. AC amps,
3. Frequency,
4. Emergency stop switch,
5. Audible alarm
6. Battery charger fuse.
Programmed engine control and monitoring module with manual oM auto switch
and Four LEDs to indicate:
1. Not in auto
2. Alarm active
3
3. Generator running
4. Generator ready
• Data entry keypad with digital dismay shall include:
1. Oil pressure
2: Coolant temperature
3. Fuel level
4. DC battery voltage
5. Run time hours
6. High or low AC voltage
7. High or low battery voltage
8. High or low frequency
9. Low or pre -low oil pressure
10. Low water level
11. Low water temp
12. High and pre -high engine temperature
13. High, low and critical low fuel levels
14.Overcrank
15.Overspeed
16. Unit not in "automatic mode"
17. Eight (8) user programmable digital channels
18. Four (4) analog user programmable channels
19. Serial communications with RS232, RS485 or external modem
• Electronic isochronous governor with a 0.5% frequency regulation.
• 600A UL mainline circuit breaker.
• Standard outdoor weather enclosure with integral critical grade muffler.
• 135 AH battery with rack — installed
• 10 AMP battery charger — installed.
• Battery charging alternator.
• Battery cables.
• Battery tray, .
• Fuel shut-off solenoid valve.
• Solenoid activated starter motor.
• Fuel filter and water separator.
• Air cleaner and oil filter with internal bypass.
• Oil and antifreeze.
* Oil and radiator drain extensions.
• Vibration isolators between enginetalternator and base frame.
Standard flex exhaust.
• Coolant heater.
• Air duct adapter.
• 1850 gallon c aq fty %}b-base fuel tank MWWed with:
4
1. Fuel level indicating gauge
2. UL approved
3. Fuel tank shall be sized to provide a minimum of 72 hours of continuous
operation from a full tank.
• Spring vibration isolators.
• Standard set of to manuals.
• UL2200listed.
• EPA Tier 2 certified.
• South Coast AQMD certified.
• California Low -PM Compliant
• Two-year standard warranty.
• One (1) Generac automatic transfer switch consisting of the followin& tynecode and
accessories:
GTS 0120 W — 3K2LDNCN
3 pole construction, rated at 1200 amps transfer switch with:
1. Time delay neutral with phase monitor
2. Safety disconnect
3. System voltage 277/480 volts 3 phase
4. Utility voltage sensing controls
• Drop -out and pick-up (70 to 95% adjustable).
• Utility interrupt delay (-1 to 10 seconds adjustable).
• 7-day deluxe exerciser.
• NEMA 3R Enclosure.
• Adjustable logic control
• 500 MCM lug kit "Y".
• UL listed.
• Factory Test Procedures and Requirements
1. Factory test shall be witnessed by a City of Vernon representative during City of
Vernon normal business hours (Mon — Thurs. 7.00 — 5:30 p.m.). Test shall consist of
manufactures normal factory test, which should simulate all shutdowns. Also a
demonstration of the 0 to full load pickup test of voltage and frequency regulation
using a resistive load bank and recorded by a strip chart recorder. A City of Vernon
representative shall witness the calibration of the strip chart recorder before the test.
The test shall also consist of a 1-hour full load run.
2. Field test to be performed by manufacturer and witnessed by a City of Vernon
representative during City of Vernon normal working hours (Mon — Thurs. 7:00 am.
to 5:30 p.m.).
I Permits: Engine is to be pre -approved by the South Coast Air Quality Management
District (SCAQMD) for operation within the area of jurisdiction. The City will
secure all permits and licenses pertaining to SCAQMD and local ruling agency for
the installation of the equipment. Provide information on the compliance of the
equipment with SCAQMD standards.
4. Delivery of unit after receipt of approval submittal to be a maximum of 12 weeks.
6
INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a standard
F certificate of insurance, in
at least
coverage (combined single limit permitted):
the following amounts and
I.
Coverage and Limits
Hazards
Bodily
Each Person
Injury Property Damage
Each Accident Each Accident
Automobile Liability
Owned Automobiles
Hired Automobiles
$ 500,000
$1,000,000 $ 500 000
,
Non -Owned Automobiles
$ 5001000
$ 500,000
$1,000,000 $ 500,000
$1,000,000
Workers' Compensation
$ Statutory
$ 500,000
Emplo ers' Liabil
— it
$1,000,000
er em loyer
II. General Liability
Premises Operations
Elevators
(if applicable)
Independent
Contractors
Products - Completed
Operations
Contract TA a},; I ; 4-
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
a. The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and
employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage,
3. An endorsement providing coverage for all operations.
under contract.
4. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of insurance, proof of
general and umbrella liability coverage shall be furnished in
the form checked below. Certification of the following roofs
by the insurance agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or
carrier certifying that -the coverage and statements in the
standard certificate of insurance (attached thereto) are
true and correct and that the signator is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
Exhibit "A"
I EXHIBIT B
2 INSURANCE SCHEDULE (WESTERN POWER)
3 Western Power shall provide proof of insurance, within thirty (30) days of the full execution of this
Contract, including a standard certificate of insurance, in at least the following amounts and coverage
4 (combined single limit permitted):
5
I. Coverage and Limits
6 Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
7 Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11 II, General Liability
12
General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000,000
15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
16 Umbrella Liability $1,000,000 $1,000,000 $1,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
18
19 1 • An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
21 3. An endorsement providing coverage for all operations under this Contract.
22 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following_ proofs by the insurance
24 agent or broker will not be accepted:
25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
26 statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
27
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
SUPPORTING
DOCUMENTS
1 EQUIPMENT PURCHASE CONTRACT
.2
3 THIS CONTRACT is made, entered into and executed in duplicate
4 originals, either copy of which may be considered and used as the
13
5 original hereof for all purposes, as of this ay of February,
6 2003, in the City of Vernon, County of Los Angeles,
7 BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
Vernon, CA 90058
9
AND WESTERN POWER INDUSTRIAL
10 ELECTRIC, INC.
(hereinafter referred to as
11 "Western Power")
13005 Los Nietos Road
12 Santa Fe Springs, CA 90670
13
RECITALS
14
15 WHEREAS, on January 7, 2003, the City issued Bid No. 1423
16 requesting bids for the City's purchase and installation of one (1)
17 backup power generation system for Booster Plant 2, located at 4355
18 Downey Road; and
19 WHEREAS, on January 20, 2003, Western Power submitted a bid
20 for the sale and installation of the backup power generation system at
21 the City's Booster Plant 2 pursuant to Bid No. 1423; and
22 WHEREAS, on January 21, 2003, the City received the bid
23 submitted by Western Power, as well as other proposals, for the sale
24 and installation of one (1) backup power generation system identified
25 in Bid No. 1423; and
26 WHEREAS, the City desires to purchase the backup generation
27 system, as further identified in Items 1-12 in the specifications on
28 Bid No. 1423, from Western Power.
I NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
-2 FORTH HEREIN:
3 1. Purchase. Western Power agrees to sell and deliver
4 to the City and install and test the backup generation system for
5 Booster Plant 2, as set forth in the specifications contained in the
6 City of Vernon Bid No. 1423, dated January 7, 2003, and identified in
7 Western Power's January 20, 2003 bid (collectively referred to as the
8 "Bid Documents"). A copy of the Bid Documents are attached hereto as
9
Exhibit "A' and incorporated herein by reference.
10 2. Time of Performance. Western Power's performance
11 shall commence upon the full execution of this Contract and shall be
12 completed by Western Power within the time identified in the Bid
13 Documents, unless otherwise terminated or extended pursuant to the
14 terms of this Contract.
15 3. Price. Consistent with its Bid Documents, Western
16 Power agrees to sell, deliver to Booster Plant 2, located at 4355
17 Downey Road in the City of Vernon, install and test one (1) backup
18 generation system for Booster Plant 2. The City agrees to purchase,
19 subject to final inspection, the backup generation system from Western
20 Power for the total sum of Ninety -Seven Thousand Seven Hundred Ten
21 Dollars and Fifty -Five Cents ($97,710.55), including sales tax.
4. Payment Terms. The City agrees to pay Western Power
22
one hundred percent (100%) of the total purchase price, net thirty
23
days, after delivery and acceptance of the equipment by the City FOB
24
destination and receipt of an invoice from Western Power.
25
5. Change and Extra Services. The City reserves the
26 right to request changes in the equipment design, delivery dates, or
27 additions to or deletions from the equipment purchased from Western
28 Power. All such changes shall be incorporated in written change
l orders executed by the City and Western Power that shall specify the
-2 changes ordered and the adjustment of prices, delivery schedules and
3 warranties. Any equipment or services added to this Contract, under
4 this section, shall be executed under all applicable conditions of
$ this Contract. No claim for additional compensation or extension of
6 time shall be recognized unless contained in a duly executed change
7 order.
8 6. Cancellation/Default.
9 A. This Contract may be terminated by the City for
10 its convenience upon fifteen (15) days prior written notice and upon
11 payment of reasonable and proper termination charges, including, but
12 not limited to, all costs incurred or committed prior to the effective
13date of notice of termination and all charges incurred by Western
14 Power in connection with the termination, plus reasonable overhead and
15 profit.
16 B. In the event that Western Power commits a
17 breach of a material condition of this Contract, the City shall notify
18 Western Power in writing of said breach and if Western Power has not
191 cured or begun reasonable efforts to cure after fifteen (15) days of
20 receipt of said notice, and fails to diligently pursue corrective
21 action, then the City shall have the right to cancel this Contract.
22 Western Power shall be responsible for any direct costs due to the
23 City's re -procurement of the equivalent of the equipment or services
24 cancelled from Western Power.
25 7. Confidential Information.
26 A. Access to Confidential Information. The City
27 may provide Western Power with, or allow Western Power access to,
28 certain information not available to the public concerning, but not
I limited to the City, or businesses located in the City. The
-2 information may include, but is not limited to, company information,
taxes, sales, value of assets, utility usage, or other such
41 information. All such information shall be known as "Confidential
S Information" and may not be used to circumvent the responsibility of
6 either party to this Contract.
7 B. No Disclosure. Except as expressly permitted,
8 Western Power shall not disclose, permit the disclosure of, release,
9 disseminate, or transfer, whether orally or by any other means, any
10 part of such Confidential Information to any other person or entity,
11 whether corporate, governmental, or individual, without the express
121 prior written consent of an authorized representative of the City.
13 Western Power shall return any written Confidential Information, and
14 all copies made of such items, to the City upon the City`s written
15 request, but in any event not later than the date that Western Power
16 has performed all services to be performed pursuant to this Contract.
17 Western Power hereby agrees that such Confidential Information and any
18 documents provided may be used by Western Power only as authorized by
19 the City. Western Power shall take reasonable measures to avoid any
20 disclosure of any such Confidential Information to any unauthorized
21 person.
22 C. Court Ordered Disclosure. Western Power shall
23 immediately notify the City of any court order or subpoena requiring
24 disclosure of Confidential Information, and shall cooperate with the
25 City's legal counsel in responding to the appeal or challenge of any
26 such order or subpoena. Recipient may only disclose such Confidential
27 Information required to be disclosed pursuant to court order or
28 subpoena after legal counsel has exhausted any lawful and timely
I appeal or challenge.
-2 D. Remedies. In addition to any other remedies
3 that it may have at law or in equity, the City shall be entitled to a
4 temporary and permanent injunction by a court of competent
5 jurisdiction against any breach or threatened breach of the
6 Confidential Information provisions of this Contract. Western Power
7 acknowledges that in case of such breach or threatened breach of said
8 provisions, the City would have no adequate remedy at law.
9 8. Warranties Western Power warrants title to the
101 backup power generation system purchased hereunder and any part
11 thereof to be free of any claim of any security interest, lien or any
12 encumbrance. Western Power also warrants that the backup power
13 generation system will be delivered new and shall be free from defects
14 in material and workmanship for the warranty period. Western power
15 shall comply with the warranty provisions set forth in the Bid
16 Documents. All other manufacturers' warranties, any warranties
17 typically provided by Western Power, and any other warranties made
18 applicable by law shall apply to the City's purchase of the backup
19 power generation system.
20 9. Compliance with Laws. Western Power shall strictly
211 observe and comply with all applicable federal, state, and local laws.,
22 ordinances and regulations governing this sale, including but not
23 limited to any permit or license requirements of the United States
24 Department of Commerce, as well as any laws of the United States of
25 America that are in existence at the time this Agreement is executed.
26 In the event that any of the above laws, ordinances or regulations
27 governing this sale are enacted after the execution of this Agreement,
28 any additional costs that result will be mutually agreed upon by the
1
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23.
24'
251
26
27
28
parties.
10. Governing Law. The validity, interpretation and
performance of this Contract shall be controlled and construed under
the laws of the State of California.
11. Forum Selection. Any action brought relating to this
Contract shall be brought and held exclusively in a State Court in the
County of Los Angeles, California.
12. Notices. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058-0805
Western Power: WESTERN POWER SERVICES
ATTN: DON BENDON
13005 LOS NIETOS ROAD
SANTA FE SPRINGS, CA 90670
13. General Provisions.
A. Independent Contractor. At all times during the
term of this Contract, Western Power shall be an independent
contractor and shall not be an employee of the City. The City shall
have the right to control Western Power only insofar as the results of
Western Power's services rendered pursuant to this Contract; however,
the City shall not have the right to control the means by which
Western Power accomplishes services rendered pursuant to the Contract
except to the extent that such services involve the use of City
property or confidential information.
B. Western Power Not Agent. Except as the City may
specify in writing, Western Power shall have no authority, express or
implied, to act`on behalf of the City in any capacity whatsoever as an
I agent. Western Power shall have no authority, express or implied,
.2 pursuant to this Contract to bind the City to any obligation
3 whatsoever.
4 C. Indemnification. Western Power shall indemnify,
5 defend, protect and hold the City and its officers, agents and
6 employees, free and harmless from and against any and all claims,
7 demands, losses, damages, liabilities, fines, charges, penalties,
8 orders, judgments and all costs and expenses incurred in connection
9 therewith, including reasonable attorney's fees and costs of defense
10 arising out of the services performed under this Contract, except to
11 the extent arising from or caused by the sole negligence or willful
12 misconduct of the City, its officers, agents, employees or
13 subcontractors.
14 D. Insurance. Western Power agrees to provide
15 insurance in the amounts and forms specified in Exhibit "B," which is
16 attached hereto and made a part hereof by reference. Comparable
17 coverage shall be provided for each subcontractor used in the
18 performance of this Contract. Western Power shall submit to City
19 documentation indicating compliance with these minimum requirements no
20 less than one (1) day prior to the beginning of performance under this
21 Contract. Western Power shall not commence performance of its services
22 under this Contract until the above insurance has been obtained and
23 proof of insurance has been filed with and approved by City.
24 E. Assignment and Subcontracting Prohibited. No
25 party to this Contract may assignor subcontract any right or
26 obligation pursuant to this Contract without the express written
27 consent of the other party. Any other attempted or purported
28 assignment of any right or obligation pursuant to this Contract shall
I be void and of no effect.
2 F. Entire Agreement. This Contract constitutes the
3 complete and final expression of the agreement of the parties and is
4 intended as a complete and exclusive statement of the terms of their
5 agreements and supersedes all prior and contemporaneous offers,
6 promises, representations, negotiations, discussions, communications
7 and agreements which may have been made in connection with the subject
8 matter hereof. All exhibits are incorporated by reference. Western
9` Power represents that in entering into this Contract, it has not
10 relied on any previous representations or understandings of any kind
11 or nature.
12 G. Partial Invalidity. Wherever possible, each
13 provision hereof will be interpreted in such manner as to be effective
14 and valid under applicable law, but in case any one or more of the
15 provisions contained herein will, for any reason, be held to be
16 invalid, illegal or unenforceable in any respect, such provision will
17 be ineffective to the extent, but only to the extent, of such
18 invalidity, illegality or unenforceability without invalidating the
19 remainder of such invalid, illegal or unenforceable provision or
20 provisions or any other provision hereof, unless such a construction
21 would be unreasonable or contrary to the intent of the parties as
22 expressed in this Contract.
231 H. Time of the Essence. Time is of the essence in
24 the performance of this Contract and of each and every provision
25 hereof.
26 I. Risk of Loss. Risk of loss or damage shall pass
27 to the City and delivery shall be deemed to be complete upon delivery
28 FOB destination.
I J. Attorneys' Fees. In the event that it becomes
2 necessary for either party to this Contract to enforce any of the
3 provisions of this Contract, the parties agree that a court of
4 competent jurisdiction may determine and fix reasonable attorney's
5 fees to be paid to the successful litigant.
6 K. Benefit of Agreement. This Contract shall bind
7 and benefit the parties hereto and their heirs, successors, and
8 permitted assigns.
9 L. Force Majeure. Neither party shall be
10 considered to be in default in any of its obligations under this
III Contract when a failure of performance shall be due to an
12 uncontrollable force. The terms "uncontrollable force" shall mean any
13 cause beyond the control of the party affected, including, but not
14 restricted to, flood, earthquake, storm, fire, lightening, epidemic,
15 war, riot, civil disturbance or disobedience, labor dispute, labor
16 material shortage, sabotage, federal, state, or municipal action,
17 statute, ordinance, or regulation, embargoes or the United States
18 Government or any other government, which by exercise of due diligence
19 such party could not reasonably have been expected to avoid and by
20 exercise to due diligence has been unable to overcome. Either party
21 rendered unable to fulfill any of its obligations under this Contract
22 by reason of an uncontrollable force, shall give written notice within
23 five (5) business days of such fact to the other party and shall
24 exercise due diligence to remove such inability with all
25 reasonable dispatch.
26 M. Waiver. Any waiver at any time by either party
27 of its rights with respect to a default under this Contract, or with
28 respect to any other matters arising in connection with this Contract,
l
,2
31II
41
5
6
71i
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9
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12
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14'
15I
161
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24
25
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27
28
shall not be deemed a waiver with respect to subsequent default or
other matter.
N. Amendment. All changes or modifications to this
Contract shall be in a writing stating that it is an amendment to this
Contract and shall be signed by both parties or their duly authorized
agents. This Contract shall not be modified through course of
dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Contract to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ARDO OLIVO, City-A-TEorney
CITY OF VERNON
By:
ONIS C. MALB G, Ma or
WESTERN POWER INDUSTRIAL
ELECTRIC, INC.
BY
---Donata j/ Benaon
Title:President
By: s %'
D a M. Ben on
Title:Secretary
1
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fell
28
EXHIBIT B
INSURRNCE SCHEDULE (WESTERN POWER)
Western Power shall provide proof of insurance, within thirty (30) days of the full execution of this
Contract, including a standard certificate of insurance, in at least the following amounts and coverage
(combined single limit permitted):
I. Coverage and Limits
Bodily In, m Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1,000,000 per employ
II. General Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liabflily
$1,000,000
$2,000,000
$1,000,000
Umbrella Liability
$1,000_,.000
$1,000,000
$1,000,000
a. The general liability policy shall contain the following special endorsements which shall be noted on or
attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Contract.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be famished in the form checked below. Certification of the following proofs by the insurance
ent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
T.VT7-T-..,►.Y. T.
TO
REQUEST FOR QUOTATIONS
NOT A PURCHASE ORDER
ONXW ALL INOLUMM To
CITY PURCHASING AGENT
TELEPHONE R131 ses-sett
CITY OF VERNON, CALIFORNIA FOR CITY USE ONLY
PURCHASING DEPARTMENT QUOTATION NO.1493
CITY HALL DATE MAILED 01/07/03
4305 Santa Fe Ave. — Vernon, California 9W58
REC'O BY CITY
Industrial,-
13005 Lod Nietos Rd.
SdntA Fe Spjr- ingsr
RFCEI ♦ E I OPEN
e
Please quote hereon the lowest net grice you can furnish the articles or services specified below. Quota on each item separately. Bidder may
qualify quotations as "all or none by stating so on body of form. City reserves the right to accept or reject quotations received on any or all
items. In order to maintain their name on City's Bidder File, Vendor should return this form whether,a pries is quoted or not. '
QUANTITY
DESCRIPTION
1 Booster Plant 2 Backup Generation System as per
attached specifications.
If you have any questions regarding the attached,
or would like to arrange a tour of the facility,
Slease contact Mr. Scott
upervisor) at (323)583-8811,text. 279erations
Mr. Rigg can be contacted during the hours of 7:00 a.m.
to 5:30 p.m. Monday thru Thursday.
********PLEASE NOTE********
Bid number must be shown on the outside of
the return envelope, otherwise bid will not
be accepted.
%k
/•LL. 02 N b k1 E- 11
NET UNIT PRICE " TOTAL
97, Rio 5S .
TAx TM Mt&rJfJ
OF INSUFFICIENT SPACE PRONIpED ABOVE FOR PROPOSAL ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS
QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT 13E COMOERED VA113 ORDER IS AMWIDED. BIDS
RECEIVED IN
OFF RESPONSE TO THIS REQUEST FOR QUOTATION WILL 13E OPENED IN CITY PURCHASING AGENT'S
DAY OF AT
OTF% Quote prices sxclusiveof Sales Tax and Excise Taxes.
A. indicate Sales Tax in this space S..................... B. Indicate Excise Tax in this space S
C. Above quotation* ect to Ca _ ......_-----••---- ......
quo s w Cash Discount of. �jX�, F.O.B.
D. To 6 delivered to CITY OF VERNON at A--- �t��? •.----------------
•-------------
---
1�1i..t:c!7 _
We (1) agree to furnish above in ................................ days from receipt of purchase order at prices specified.
FOR
irm N e
4TE...�. t.7" r?
•-• SIGN HERE st
._...................................
t TTY COUNCIL
I:EONIS C. MALBURG
Mayor
. THOMAS A. YBARRA
Mayor Pro -Ten,
WM. "BILL" DAVIS
y Councilman
H. "LARRY- GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
EDUARDO OLTVO
City Attorney
FAX: (562) 8WIS83
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
CITY HALL
4305 SAWA FE AVENUE. VERNON, CAUMRNIA 9W%
TELEPHONE (323) W3-8811
January 7, 2003
CITY OF VERNON
WATER DEPARTMENT
REQUEST FOR PROPOSAL - SPECIFICATIONS
BOOSTER PLANT 2
BACKUP GENERATION SYSTEM
KENNETH J. DeDAR10
Director of Utilities
FAX (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX (3M) 826.14U
BRUCE W. OLSON
Police Chief
FAX: (323) 82&1481
The City of Vernon Water Department hereby solicits quotations for the installation of a
backup Power generation system. This system will serve Booster Plant 2 located at 4355
Downey Road. The generator unit will be used to run two wells and three booster motors
in addition to auxiliary related equipment.
The City has calculated the approximate required capacity of the generator to meet the
load from the pump motor. If your calculations indicate that a different size is needed,
Please indicate as such on the bid and provide details on how the sizing was performed.
In addition, provide complete details on installation requirements, such as access
clearance, and height restrictions.
Before the contract is awarded, the City of Vernon requires the contractor to provide
Proof of insurance, including a standard certificate of insurance, in at least the amounts and coverage indicated on the insurance schedule. In addition to the standard certificate
of insurance, proof of general and umbrella liabilitycoverage shall also be furnished in
the form indicated on the attached insurance schedule (Exhibit A).
BID Pi'EMS
ITEM 1: Provide and install a new Generic 35OKW diesel generator and-1,850 fuel
tank per attached specifications.
Cost: 5"Id.66
IITM 2: Provide and install a new Generac 1200A Automatic Transfer Switch.
Cost:*v
_TTEM 3: Provide and install new concrete ad a
P approximately 22' x 12' x 6" in size.
Cost:,
ITEM 4: Provide and install a 42" block wall around perimeter of generator.
Cost: 222LX
ITEM 5: Provide and install approximately 25' of underground conduit for dower
and control from generator to the Automatic Transfer Switch.
Cost: 911/0. 47)
r=6: Provide and install conduit and wire from Main SwitchGear to Automatic
Transfer Switch.
iTIM 7: Factory startup and testing.
ITEM 8: Labor bank rental.
2
ITEM 9: Labor for load bank test.
Cost: WO
rI 110: Chart recorder rental.
Cost:
ITEM -1 L Include all applicable permit and plan check fees.
Cost: L
STEM 12: Please include sales tax.
Total y?DI SS
Total Cost: 22t71�S
�L_L p K n7 6 Al E ,
Note: Bid must be received in a seated envelope and returned to the City of Vernon
Finance department no later than 2:00 p.m., January 21, 2003.
Generator Capacity
3-9KW Diesel Driven Generator shall consist of the following futures and accessories:
• SD 0300 - K3612.7D 18EPYYY.
• 350 KW rating, synchronous alternator wired for 277/480 VAC 3 phase, 60 HZ.
• Permanent magnet excitation.
0 1% voltage regulation.
• Analog/diaital control vanel with:
.1. AC volts,
2. AC amps,
3. Frequency,
4. Emergency" switch,
S. Audible alarm.
6. Battery charger fuse.
amm'ed engine control and monitoring module with manual o auto switch
and four LEDs to indicate. -
1. Not in auto
2. .Alarm active
3
3. Generator running
4. Generator ready
• Data entry kevnad with digital dis�lav shall include•
1. OR pressure
2. Coolant temperature
3. Fuel level
4. DC battery voltage
5. Run time hours
6• High or low AC voltage
7. High or low battery voltage
8• High or low frequency
9• Low or pre -low oil pressure
10. Low water level
11. Low water temperature
12. High and pre -high engine temperature
13. High, low and critical low fuel levels
14.Overcrank
15.Overspeed
16. Unit not in "automatic mode"
17. Eight (8) user programmable digital channels
18. Four (4) analog user programmable channels
19. Serial communications with RS232, RS485 or external modem
• Electronic isochranouS governor with a 0.5% frequency regulation.
• 600A UL mainline circuit breaker.
• Standard outdoor weather enclosure with integral critical grade muffler.
• 135 AH battery with rack — installed.
• 10 AMP battery charger — installed,
• Battery charging alternator.
• Battery cables.
• Battery tray. .
• Fuel shut-off solenoid valve.
0 Solenoid activated starter motor.
• Fuel filter and water separator.
• Air cleaner and oil filter with internal bypass.
• Oil and antifreeze,
• Oil and radiator drain extensions.
• Vibration isolators between engine,/alteenator and base frame.
Standard flex exhaust.
• Coolant heater.
• Air duct adapter.
• 1850 - gallon cauacisub-base fuel tank equipped with
a
• 1. Fuel level indicating gauge
2. UL approved
3. Fuel tank shall be sized to provide a minimum of 72 hours of continuous
operation from a full tank.
• Spring vibration isolators.
• Standard set of to manuals.
• UL2200listed.
• EPA Tier 2 certified.
• South Coast AQMD certified.
• California low -PM Compliant
• Two-year standard warranty.
• One (1) Generac automatic transfer switch consisting of the following tymcode and
accessories:
GTS 0120 W — 3K2LDNCN
3 pole construction, rated at 1200 amps transfer switch with:
1. Time delay neutral with phase monitor
2. Safety disconnect
3. System voltage 277/480 volts 3 phase
4. Utility voltage sensing controls
• Drop -out and pick-up (70 to 95% adjustable).
• Utility interrupt delay (-1 to 10 seconds adjustable).
• 7-day deluxe exerciser.
• NEMA 3R Enclosure.
• Adjustable logic control.
• 500 MCM lug kit "Y".
• UL listed.
• Factory Test Procedures and Requirements
1. Factory test shall be witnessed by a City of Vernon representative during City of
Vernon normal business hours (Mon — Thurs. 7.00 — 5:30 p.m.). Test shall consist of
manufactures normal factory test, which should simulate all shutdowns. Also a
demonstration of the 0 to full load pickup test of voltage and frequency regulation
using a resistive load bank and recorded by a strip chart recorder. A City of Vernon
representative shall witness the calibration of the strip chart recorder before the test.
The test shall also consist of a 1-hour full load run.
2. Field test to be performed by manufacturer and witnessed by a City of Vernon
representative during City of Vernon normal working hours (Mon — Thurs. 7:00 a.m.
to 5:30 p.m.).
5
3. Permits: Engine is to be pre -approved by the South Coast Air Quality Management
District (SCAQMD) for operation within the area of jurisdiction. The City will
secure all permits and licenses pertaining to SCAQMD and local ruling agency for
the installation of the equipment. Provide information on the compliance of the
equipment with SCAQMD standards.
4. Delivery of unit after receipt of approval submittal to be a maximum of 12 weeks.
6
INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide
proof
certificate of insurance, in atleast the ufollowingrance,cludinamountsa standard
.coverage (combined single limit permitted):
a
-I.
Haz— a— rds
Automobile Liability
Owned Automobiles
Hired Automobiles
Non -Owned Automobil
Workt-r� n....., - ..
II.
General Liability
Coverage and Limits
Bodily Injury Each Property Damage
. Person Each Accident Each Accident -
500,000
500,000
Premises Operations
Elevators
$1,000,000
(if applicable)
Independent
$1,000,000
Contractors
Products - Completed
$1,000,000
Operations
Contract Liabilit
$1,000,000
Umbrella Liability_$1,000,000
$1 000 000
$1, 000, 000
$1,000,000
500,000
500, 000
500,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1, 000, 000
a, The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$_11 0001 000
1. An endorsement naming the City of Vernon, its officers, and
employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations.
under contract.
4. Such other endorsement as may be required by addendum
hereto.
In addition to the standard certificate of insurance, proof of
general and umbrella liability coverage shall be furnished in
the form checked below. Certification of the followin roofs
bthe insurance a ent or broker will not be accepted:
X
For each policy, a notarized letter from the underwriter or
carrier certifying that -the coverage and statements in the
standard certificate of insurance (attached thereto) are
true and correct and that the signator is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
Exhibit "A"
• .
�1 EXHIBIT B
`y2 INSURANCE SCHEDULE (WESTERN POWER)
3 Western Power shall provide proof of insurance, within thirty (30) days of the full execution of this
Contract, including a standard certificate of insurance, in at least the following amounts and coverage
4 (combined single limit permitted):
5 I• Coverage and Limits
6 Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
7 Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11 II General Liability
12
General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000,000
15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
16 Umbrella Liability $1,000,000 $1,000,000 $1,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted on or
18 attached to the standard certificate of insurance:
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
21 3. An endorsement providing coverage for all operations under this Contract.
22 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Certification of the following proofs by the insurance
24 agent or broker will not be accepted:
25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
26 statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
27
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON
I, MaA,4 ha, . V 4 �--ej,17—,— '�G\ of the City
of Vernon do hereby certify that I did, on the 7th of
January 2003, post three (3) copies of:
Notice Inviting Sealed Proposals (Bids) for
Bid #1423 a Backup Power Generation System - Plant 2
for the Community Services Department
One in each of the following places, to wit: on the
bulletin board in the lobby of the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue; at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast
corner of Leonis Blvd. and Pacific Blvd., all in said City,
there being no newspaper of general circulation printed and
published in the City of Vernon.
Date: 1Z SOD � 2iZ�'t L,
Martha Valenzuela
State of California
) ss
County of Los Angeles)
On �� dvU� before me, 61r ,
Personally appeared / &flw tv [eoxe4
Personally known to me to be the person (-s) whose name (-ei
is/awe subscribed to the within instrument and acknowledged
to me that 4ie/she/.their executed the same in 4+i-s/her/thQ!j;
authorized capacity, and that by ins/her/bey signature{
on the instrument the person ¢s4, or the entity upon behalf
of which the person(-si acted, executed the instrument.
WITNESS my hand and official seal
MANUELA G1RON
Commission # 1328374
Notary Public - Califomia
Los Angeles County
MMY . Expires Nov4, 2005 J
NOTICE INVITING SEALED PROPOSALS (BIDS)
NOTICE IS HEREBY GIVEN that the City of Vernon,
(hereinafter "City") invites and will receive sealed proposals (bids) up to
the hour of two o'clock p.m., on January 21, 2003 for the purchase of a
Backup Power Generation System — Plant 2 as listed on Bid No. 1423
from the City of Vernon.
At said time, proposals will be publicly opened and
announced at the offices of the City Clerk (Finance). Said bids shall
conform to and be responsive to the bid specifications as called for.
The City Council of the City reserves the right to reject any
and all bids.
Copies of the bid documents are on file and may be
examined or obtained between the hours of 7:30 a.m. and 5:00 p.m.,
Monday thru Thursday in the office of the City Clerk (Finance) located
at:
Vernon City Hall
(Finance)
4305 Santa Fe Avenue
Vernon, CA 90058
Dated at the office of the City Clerk of the City of Vernon,
this 7th day of January, 2003.
�I,GG
Bruce V. Malkenhorst, City Clerk of
The City of Vernon, California
,n y
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Ma4'-H A; �f �-�i1Z� ��a. , of the City
of Vernon do hereby certify that I did, on the 7th of
January 2003, post three (3) copies of:
Notice Inviting Sealed Proposals (Bids) for
Bid #1424 a Backup Power Generation System - Plant 3
for the Community Services Department
One in each of the following places, to wit: on the
bulletin board in the lobby of the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue; at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast
corner of Leonis Blvd. and Pacific Blvd., all in said City,
there being no newspaper of general circulation printed and
published in the City of Ver on.
Date: lv�603
Martha Valenzuel
��j
State of California )
) ss
County of Los Angeles)
On Kl63before me,
Personally appeared A&yX44 `Gh?TGe�
Personally known to me to be the person.(-e•) whose name (-s4
is/-a� subscribed to the within instrument and acknowledged
to me that-ke•/she/t+rey executed the same in hi -r
authorized capacity, and that by-h-i-s/her/ r signature+s•)
on the instrument the person(&), or the entity upon behalf
of which the person k-4 acted, executed the instrument.
WITNESS my hand and official seal
I�IANUELA GIRON
Commission* 1328374
Notary Public - California z
Los Angeles County
%My Comm. Expires Nov 4, 2005 J
NOTICE INVITING SEALED PROPOSALS (BIDS)
NOTICE IS HEREBY GIVEN that the City of Vernon,
(hereinafter "City") invites and will receive sealed proposals (bids) up to
the hour of two o'clock p.m., on January 21, 2003 for the purchase of a
Backup Power Generation System - Plant 3 as listed on Bid No.1424
from the City of Vernon.
At said time, proposals will be publicly opened and
announced at the offices of the City Clerk (Finance). Said bids shall
conform to and be responsive to the bid. specifications as called for.
The City Council of the City reserves the right to reject any
and all bids.
Copies of the bid documents are on file and may be
examined or obtained between the hours of 7:30 a.m. and 5:00 p.m.,
Monday thru Thursday in the office of the City Clerk (Finance) located
at:
Vernon City Hall
(Finance)
4305 Santa Fe Avenue
Vernon, CA 90058
Dated at the office of the City Clerk of the City of Vernon,
this 7th day of January, 2003.
V. RwA� k6
Brune V. Malkenhorst, City Clerk of
The City of Vernon, California
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 29, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
�a2
Ct
VY p� b
On December 18, 2002, this legislative body approved Resolution No.
8124, approving notice inviting sealed bids for the purchase of a
Backup Generation System at Booster Plant 2 for the Community Services
and Water Department. On January 21, 2003, the Purchasing Section
received the following bids:
• Western Power Industrial Electric $ 97,710.55
• Duthie Power Services $ 99,383.00
• Cummins Cal Pacific $135,161.68
• Thomason Mechanical No Bid
• Valley Detroit Diesel No Bid
This has been reviewed by the Community Services and Water Department
and the Purchasing Section and it is hereby recommended that Bid No.
1423 be awarded to Western Power Industrial Electric, the lowest
bidder, a purchase agreement be prepared, and a purchase order be
issued for the purchase a Backup Generation System for Booster Plant 2
at an approximate cost of $97,710.55.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/Cit Clerk
BVM/gm
VALLEY DETROIT DIESEL NO BID
The Community Services Department has completed its evaluation of the bids. The
recommended vendor for the purchase of a Backup Generation System for Booster
Plant 2 is Western Power Industrial Electric.
It is the recommendation of the Purchasing Department that Bid No.1423 be
accepted and authorization is granted to issue a purchase order to the lowest bidder,
Western Power Industrial Electric in the amount of $97,710.55 (price includes sales
tax).
*Sales tax included
**Vendor acting on behalf of Power Systems Associates
1
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. `BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 18, 2003
Western Power Industrial Electric, Inc.
Attn: Don Bendon
13005 Los Nietos Road
Santa Fe Springs, CA 90670
Re: Equipment Purchase Contract - Bid No. 1423
Dear Mr. Bendon:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
In accordance with Section 13.D of said contract, you are to furnish
the City with proof of Insurance as set forth in the Insurance
Schedule, Exhibit "B" of the agreement.
Please submit your proof of insurance to Joan Francone, Risk Manager,
for review and approval. Upon receipt of said documentation this
office will forward to you a fully executed duplicate original
agreement.
If you should have any questions, please c^Drtact Joan Franfcone at ext.
322.
very truly yours,
Nelly Gi_- n
!assistant to the
Chief Deputy City Clerk
NG/gm
cc: Joan Francone
Samuel Kevin Wilson
Dolores Fonseca
Resolution No. 8142
Agreement File No. 03-015
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 19, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Communitv Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Western Power Industrial Electric, Inc.
13005 Los Nietos Road
Santa Fe Springs, CA 90670
Attn: Don Bendon
Re: Equipment Purchase Contract - Bid No. 1423
Dear Mr. Bendon:
The insurance requirement has been met. Transmitted herewith is a
duplicate original of the above referenced contract approved by the
Vernon City Council on February 5, 2003.
If you have any questions regarding this matter, please call Mr. Kevir.
Wilson at (323) 583-8811 ext. 245.
Very truly yours,
oria J. Or c
Chief Depu ) City Clerk
GJO/gm
CC: Kevin Wilson
Dolores Fonseca
Resolution No. 8142
Agreement No. 03-015