HomeMy WebLinkAboutMVA Power, Inc. - 2024-08-06 (2) �� UN� 2000 Main Street,
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Cityof Huntington Beach
g APPROVED 7-0
File #: 24-538 MEETING DATE: 8/6/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Max Olin, Capital Projects Administrator
Subject:
Approve and authorize Service Agreements with ECB Solutions, LLC and MVA Power, Inc. for
the purchase of electrical switchgear and transformer equipment for the Central Library and
authorize appropriation in the amount of$221,494
Statement of Issue:
On April 14, 2023, the electrical equipment that powers the Central Library failed, resulting in the
Library's closure. A temporary generator has been in place while purchase of equipment to
permanently fix the electrical equipment could be acquired. On July 18, 2024, bids were publicly
opened for the Central Library Electrical Switchgear Replacement Project. City Council action is
requested to award service agreements to ECB Solutions, LLC and MVA Power, Inc., the lowest
responsive and responsible bidders for each piece of equipment.
Financial Impact:
The total cost of the equipment for this project is $221,494. Funds for this project are requested from
the Infrastructure Fund (314) to be appropriated to business unit 31440040.82200.
Recommended Action:
A) Approve the purchase of electrical switchgear and transformer equipment from ECB Solutions,
LLC and MVA Power, Inc. in the amount of$221,494; and,
B) Authorize the Mayor and City Clerk to execute a Service Agreement between the City of
Huntington Beach and ECB Solutions, LLC for the purchase of 3-phase padmount transformer; and,
C) Authorize the Mayor and City Clerk to execute a Service Agreement between the City of
Huntington Beach and MVA Power, Inc. for the purchase of padmount switchgear; and,
D) Authorize the appropriation of$221,494 from the Infrastructure Fund (314) to business unit
31440040.82200.
City of Huntington Beach Page 1 of 2 Printed on 7/31/2024
poweree5'LegistarT"
File #: 24-538 MEETING DATE: 8/6/2024
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
On April 14, 2023, the electrical equipment that feeds power to the Central Library failed resulting in
the Library's closure to staff and patrons. The City has been renting generators and equipment since
this failure while developing a solution. The permanent repair requires the purchase of four different
transformers and one switchgear to replace the failed equipment. Bids for this equipment was
opened to the public on July 18, 2024. Four bids were received, as shown below, and ECB
Solutions, LLC and MVA Power, Inc. were determined to be the lowest responsive and responsible
bidders.
Item Description Qty MVA Power, ECB Solutions, Kijero, LLC Consolidated
No. Inc. LLC Electrical
Distributors
1 Transformer 1 $42,382.00 $50,000.00 $44,754.74 $36,971.30
2 Transformer 1 $41,811.00 $50,000.00 $44,754.74 $36,971.30
3 Switchgear 1 $36,419.00 $46,000.00 $45,372.63 $41,229.91
4 ,Transformer 1 $47,192.00 $46,000.00 $53,705.68 $105,070.09
5 Transformer 1 $54,882.00 $64,000.00 $69,149.05 $44,365.57
For the bid, the City specified that the award could be made to multiple vendors based upon lowest
bid per item. Upon further discussion with Consolidated Electrical Distributors, it was found that this
vendor could not provide the items specified at the prices submitted in their bid.
Staff is currently finalizing construction plans and will come back to City Council in the fall for
consideration of awarding a construction contract. The construction contract will involve installation
of the equipment being purchased as well all ancillary items such as new conduit, wiring, etc. Staff
was quoted lead times for the delivery of this equipment of one to two years; therefore, staff decided
to purchase this equipment ahead of the actual installation.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Service agreement for ECB Solutions, LLC
2. Service agreement for MVA Power, Inc.
3. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 7/31/2024
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SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
MVA POWER, INC. FOR THE PURCHASE OF
PAD-MOUNTED SWITCHGEAR
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter called"City,"
and MVA POWER, INC., hereinafter referred to as "Contractor."
Recitals
A. The City desires to retain a Contractor having special skill and knowledge in
thefabrication of electrical transformers and switchgear.
B. Contractor represents that Contractor is able and willing to provide such
services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it
isknowledgeable in its field and that any services performed by Contractor
under this Agreement will be performed in compliance with such standards
as may reasonably be expected from a comparable company or firm in the
field.
Contractor has been selected to perform these services pursuant to Huntington
Beach Municipal Code Chapter 3.02.
NOW THEREFORE, it is agreed by City and Contractor as follows:
1. Scope of Services
Contractor shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the"Project."
Contractor hereby designates Marc Hadid,who shall represent it and be its sole
contact and agent in all consultations with City during the performance of this
Agreement.
2. City Staff Assistance
City shall assign a staff coordinator to work directly with Contractor in the
performance of this Agreement. City may change who is serving as staff
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coordinator without prior notice to Contractor.
3. Compensation
a. City agrees to pay, and Contractor agrees to accept as total
payment for itsservices,the rates and charges identified in Exhibit "B." The total sum
to be expended under this Agreement, shall not exceed One Hundred Seventy Five
Thousand Four Hundred Ninety Four Dollars ($175,494.00) during the term of this
Agreement.
b. Payment by City shall be made within thirty (30)days following
receipt ofproper invoice, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
c. Contractor shall be paid pursuant to the terms below:
"Deliverable Items Payment Schedule."
• 20% - at placement of order. [Subject to Change]
• 80%-Upon delivery [Subject to Change]
Unless otherwise specified, invoice(s) shall be sent to the address set forth
herein. Invoices shall include the purchase order number, the item(s) City is taking
ownership of,total milestone price as determined below, and shall have the word
"invoice" with an invoice number printed on the document. Invoice(s) not meeting
these requirements willbe considered not acceptable. All payments shall utilize a "Net
30" payment cycle from the date the City received a compliant invoice(s)
Each milestone payment shall be-invoiced separately and payment shall be
made only upon review and approval by the City representative(s) in writing.
4. Late Delivery Charges and Failure to Perform
The parties to this agreement acknowledge that the City shall incur actual
damages should the Contractor fail to perform the work as called out in the agreement
and specification set forth herein. The parties, specifically agree that a late delivery
charge in the amount of$750 per business day past 60 weeks, as outlined in the
proposal, will apply.
The parties also agree that the amount specified is not unreasonable nor punitive in
nature and both parties have carefully considered the amount specified and believe it to be
a reasonable estimate, for damages and not excessive.
It is,therefore agreed,that the Contractor will pay the City the sum of$750 per
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business day for each day the work remains incomplete or otherwise not delivered to the
City. In the event such damages are not paid,the Contractor agrees that the City may
deduct the amount thereof from any monies due or that may become due to said Contractor.
Further, should Contractor fail to deliver the total order per the quote six months
beyond the quoted schedule,the City shall be entitled to recover the reasonable total
increase in price between the quoted price by Contactor and the reasonable estimated price
at the time of failure to deliver, including any increases in price for installation, updated
design, and any unforeseen costs incurred due to the delay in delivery. The increase in
price shall be determined through a competitive procurement process or other process
which complies with the City's procurement policies while also ensuring expedient delivery
of the order.
5. Term
Time is of the essence of this Agreement. The services of Contractor are to as
soon as practicable after the execution of this Agreement by City (the "Commencement
Date"). The time for performance of the tasks identified in Exhibit "A" are generally
to be shown in Exhibit "A." This schedule and Term may be amended to benefit
the Project if mutually agreed to in writing by City and Contractor.
In the event the Commencement Date precedes the Effective Date,
Contractorshall be bound by all terms and conditions as provided herein.
6. Extra Work
In the event City requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," Contractor will
undertake suchwork only after receiving written authorization from City. Additional
compensation for such extra work shall be allowed only if the prior written approval
of City is obtained.
7. Hold Harmless
Contractor hereby agrees to protect, defend, indemnify and hold harmless
City, itsofficers, elected or appointed officials, employees, agents, and volunteers
from and against any and all claims, damages, losses , expenses ,judgments, demands
and defense costs, and consequential damage or liability of any kind or nature,
however caused, including those resulting from death or injury to Contractor's
employees and damage to Contractor's property, arising directly or indirectly out of
the obligations or operations herein undertaken by Contractor, caused in whole or
in part by any negligent act or omission of the Contractor, any subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, including but not limited to concurrent active or passive
negligence, except where caused by the active negligence, sole negligence, or willful
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expense and City shall approve selection of Contractor's counsel. This indemnity
shall apply to all claims and liability regardless of whether anyinsurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Contractor.
8. Workers Compensation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be
insured against liability for workers' compensation; Contractor covenants that it will
comply with such provisions prior to commencing performance of the work
hereunder.
Contractor shall obtain and furnish to City workers' compensation and employer's
liability insurance in an amount of not less than the State statutory limits.
Contractor shall require all subcontractors to provide such workers' compensation
and employer's liability insurance for all of the subcontractors' employees. Contractor
shall furnish to City a certificate of waiver of subrogation under the terms of the
workers'compensation and employer's liability insurance and Contractor shall similarly
require allsubcontractors to waive subrogation.
9. Independent Contractor
Contractor is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of City.
Contractor shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for Contractor and its
officers, agents and employees and all business licenses, if any, in connection with the
Projectand/or the services to be performed hereunder.
10. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have
interests,direct or indirect, which would conflict in any manner with performance of
services specified under this Agreement.
11. Termination
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Contractor shall be entitled to receive and the
Cityshall pay Contractor compensation for all services performed by Contractor prior
to receipt of such notice of termination, subject to the following conditions:
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a. As a condition of such payment, the Director may require
Contractor todeliver to the City all work product completed as of such date, and in
such case such work product shall be the property of the City unless prohibited by
law, and Contractorconsents the City's use thereof for such purposes as the City
deems appropriate.
b. Payment need not be made for work which fails to meet the
standard ofperformance specified in the Recitals of this Agreement.
12. Exclusivity and Amendment
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between
theparties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this-Agreement shall prevail. This Agreement may
not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to
thisAgreement acknowledges that no representations, inducements,promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. Assignment
Inasmuch as to this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
nulland void. Nothing in this Agreement shall be construed to limit the City's ability
to have any of the services which are the subject to this Agreement performed by City
personnelor by other Contractors retained by City.
14. City Employees and Officials
Contractor shall employ no City official nor any regular City employee in the
work performed pursuant to this Agreement. No officer or employee of City shall
haveany financial interest in this Agreement in violation of the applicable provisions
of the California Government Code.
15. Notices
Any notices,certificates, or other communications hereunder shall be given
eitherby personal delivery to Contractor's agent(as designated in Section 1 hereinabove)
or to City as the situation shall warrant, or by enclosing the same in a sealed
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envelope, postageprepaid, and depositing the same in the United States Postal
Service, to the addresses below. City and Contractor may designate different
addresses to which subsequent notices, certificates or other communications will be
sent by notifying the other party viapersonal delivery, a reputable overnight carrier or
U.S. certified mail-return receipt requested:
To City: Contractor:
City of Huntington Beach MVA Power, Inc.
Attn: Director of Public Works Attn: Marc Hadid
2000 Main Street 1 Holly Road
Huntington Beach, CA 92648 Montreal, QC, H3X#k6
16. Consent
When City's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a
consent/approvalto any subsequent occurrence of the same or any other transactions or
event.
17. Modification
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
18. Section Headings
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely
descriptiveand are included solely for convenience of reference only and are not
representative of matters included or excluded from such provisions, and do not
interpret, define, limit or describe, or construe the intent of the parties or affect the
construction or interpretation of any provision of this Agreement.
19. Interpretation of this Agreement
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the
parties. If any provision of this Agreement is held by an arbitrator or court of
competent jurisdiction to be unenforceable, void, illegal or invalid, such holding
shall not invalidate or affect theremaining covenants and provisions of this
Agreement. No covenant or provision shall bedeemed dependent upon any other
unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemedto include the other
whenever the context so indicates or requires. Nothing contained herein shall be
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construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future
statute, law, ordinance or regulation contrary to which the parties have no right to
contract, then the latter shall prevail, and the provision of this Agreement which is
herebyaffected shall be curtailed and limited only to the extent necessary to bring it
within the requirements of the law.
20. Duplicate Original
The original of this Agreement and one or more copies hereto have been
preparedand signed in counterparts as duplicate originals, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an
original. Each duplicate original shall be deemed an original instrument as against
any party who has signed it.
21. Immigration
Contractor shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the
provisionsof the United States Code regarding employment verification.
22. Legal Services Subcontracting Prohibited
Contractor and City agree that City is not liable for payment of any
subcontractorwork involving legal services, and that such legal services are
expressly outside the scope of services contemplated hereunder. Contractor
understands that pursuant to Huntington Beach City Charter Section 309, the City
Attorney is the exclusive legal counsel for City; and City shall not be liable for
payment of any legal services expenses incurred by Contractor.
23. Confidentially
Contractor recognizes that in the performance of its duties under this Agreement,
itmust conduct its activities in a manner designed to protect information of a sensitive
nature from improper use or disclosure. Contractor warrants that it will use reasonable
efforts consistent with practices customary in the facilities management industry in
recruiting, training and supervising employees and in otherwise performing its duties
hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at
the request of the City, to require its employees to execute written unde 1 takings to
comply with the foregoing confidentiality provision.
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24. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training,
utilization, promotion, termination or other employment related activities. Contractor
affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
25. Jurisdiction Venue
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance with
the laws of the State of California. This Agreement has been executed and delivered in
the State of California and the validity, interpretation,performance, and enforcement of
any ofthe clauses of this Agreement shall be determined and governed by the laws of the
State ofCalifornia. Both parties fulther agree that Orange County, California, shall be
the venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Agreement.
26. Professional Licenses
Contractor shall,through the term of this Agreement, maintain all necessary
licenses,permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Huntington Beach and all other governmental agencies.
Contractor shall notify the City immediately and in writing of his or her inability to obtain
or, maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
27. Attorney's Fees
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each
paltyshall bear its own attorney's fees, such that the prevailing palty shall not be entitled to
recover its attorney's fees from the non-prevailing party.
28. Survival
Terms and conditions of this Agreement, which by their sense and context
survive teexpiration or termination of this Agreement, shall so survive.
29. Governing Law
This Agreement shall be governed and construed in accordance with the laws
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ofthe State of California.
30. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully for any injuries or damages to City in the
eventthat such authority or power is not, in fact,held by the signatory or is withdrawn.
31. Entirely
(a) The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge
(b) and agree that no representations, inducements,promises,
agreements or warranties, oral or otherwise, have been made by that patty or anyone
acting on that party's behalf, which are not embodied in this Agreement, and that that
patty has not executed this Agreement in reliance on any representation, inducement,
promise, agreement warranty, fact or circumstance not expressly set fo lh in this
Agreement.
(c) All Exhibits referenced herein and attached hereto shall
beincorporated as if fully set forth in the body of this Agreement.
32. Effective Date
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective
on the date of its approval by the Mayor. This Agreement shall expire when terminated
as provided herein.
[SIGNATURES ON FOLLOWING PAGE]
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CONTRACTOR CITY OF HUNTINGTON BEACH,a
MVA POWER,INC. municipal corporation of the State of
California
uf
By: / +
f e ,b , PAS' Mayor
Print name
ITS: (circle one)Chairnku i resident
Vice President
City Clerk
By: .t// INITIATED AND APPROVED:
Print name
ITS: (circle one ecrctary' 'hicf Financial
Officer/Asst. Secretary Tieasurer
Director of Public Works
COUNTERPART APPROVED AS TO FORM:
Cr4
City Attorney
REVIEWED AND APPROVED:
City Manager
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24-15014/347974
CONTRACTOR CITY OF HUNTINGTON BEACH, a
MVA POWER, INC. municipal corporation of the State of
Califo 4111
By:
CrI-V
Mayor
Print name
ITS: (circle one) Chairman/President/ grfQ4: ?%t4'z41,t1tM)
Vice President
C ty Clerk
AND
By: INITIATED AND APP VED:
Print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary-Treasurer
Director of Public Works
COUNTERPART APPROVED AS TO FORM:
City Attorney
REVIE AND A 'R P, ED:
City Manager
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
1. Pad-Mounted Switchgear (1):
New 15Kv, 95Kv BIL, 4-Section, Pad Mounted
Switchgear Sections:
1. Switch Select., (3) 600A Dead Front Bushings
(1) Switch.
2. Switch Sect., (3) 600A Dead Front Bushings
(1) Switch
3. Fuse Sect., None (3) 200A Dead Front Bushings Fuses Not Included
4. Fuse Sect.,None (3) 200A Dead Front Bushing Fuses Not Included
Features &Accessories:
- Pad Locking Provision
- UL Listed
-Air Insulated
- Warranty: 3 Years
Weights and Dimensions:
57"x 75"x 70" (H x W x D), 2400 Lbs.
2. 3-Phase Pad Mounted Transformer (1): 1. New/reconditioned 1000Kva 3-Ph Padmount
Transformer 2. High Voltage: 4160 D, 60 kV BIL 3. Low Voltage: 480 Y 277, 30 kV
BIL 4. Taps: 4368, 4264, 4160, 4056, 3952 5. HV Bushings: (3) 200A Wells and Inserts
(dead front loop feed) 6. HV Termination: Full Length ATC/Side ANSI 2 7. LV
Bushings: (4) 8-Hole Spades 8. LV Termination: Flange/Side ANSI 4 3 9. Fluid: Mineral
Oil 10. Frequency: 60Hz 11. Temperature Rise: 65°C 12. Cooling Class: ONAN 13.
Conductor: AI/AI 14. Switch: 4 pos. LBOR T-Blade Features & Accessories: - Drain and
Sample Valve - Dial-Type Thermometer- Liquid Level Gauge - Pressure Vacuum Gauge
-Pressure Relief Valve - Pressure Relief Device - Gas Sampler- Warranty: 3 years;
3. 3-Phase Pad Mounted Transformer(1): 1.New/reconditioned 1000Kva 3-Ph Padmount
Transformer 2. High Voltage: 4160 D, 60 kV BIL 3. Low Voltage: 480 Y 277. 30 kV
BIL 4. Taps: 4360, 4260, 4160, 4055, 3950 5. HV Bushings: (3) 200A Wells & Inserts
(dead from, loop feed) 6. LV Bushings: (4) 6-hole Spades 7. Fluid: Mineral Oil 8.
Frequency: 60 Hz 9. Temperature Rise: 65°C 10. Cooling Class: ONAN 11. Conductor:
AI/AI 12. Fusing: Bayonet w/ISO Links Features & Accessories: - Drain and Sample
Valve - Dial-Type Thermometer- Liquid Level Gauge - Pressure Vacuum Gauge -
Pressure Relief Valve - Gas Sampler- Warranty: 3 Years;
4. 3-Phase Padmount Transformer(1):New/reconditioned 1500 KVA 3-Ph Padmount Transformer
1. High Voltage: 4160 D, 60 kV BIL 2. Low Voltage: 480 Y 277, 30 kV BIL 3. Taps: 4368,
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4264, 4160, 4056, 3952 4.HV Bushings: (3)4-Hole Spades(live front,radial feed)* 5. LV
Bushings: (4) 6-Hole Spades 6. Fluid: Mineral Oil 7.Frequency: 60 Hz 8. Temperature Rise:
65°C 9. Cooling Class: ONAN 10. Conductor: AI/AI 11. Switch: 1-2 pos. LBQR Features&
Accessories: -Drain and Sample Valve-Dial-Type Thermometer-Liquid Level Gauge-
Pressure Vacuum Gauge-Pressure Relief Valve-UL Listed-Warranty: 3 Years
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
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EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
Total Not to Exceed - $175,494.00
• 20% - at placement of order
• 80%-Upon delivery
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such product,
CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who performed it.
Each month's bill shall include a total to date. That total shall provide the total fees and costs
incurred to date for the project.
A copy of memoranda, letters, reports, calculations, and other documentation prepared by
CONSULTANT may be required to be submitted to the CITY to demonstrate progress towards
completion of tasks. In the event the CITY rejects or has comments, on any such product, CITY shall
identify specific requirements for satisfactory completion.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing
of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the
option of CITY be suspended until the parties agree that past performance by CONSULTANT is in,
or has been brought into compliance, or until this Agreement has expired or is terminated as provided
herein.
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4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. All extra work or additional services will be in
accordance with the extra work or additional services and if CITY is satisfied that the statement of
hours worked and costs incurred is accurate. Any dispute between the parties concerning payment of
such an invoice shall be treated as separate and apart from the ongoing performance of the remainder
of this Agreement.
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Bi/oiirap-,
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City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
—= - _=Q (714) 536-5227 • www.huntingtonbeachca.gov
CF c•eY, ••='.�`�°06 Office of the City Clerk
co G N T T Robin Estanislau, City Clerk
August 9, 2024
MVA Power, Inc.
Attn: Marc Hadid
1 Holly Road
Montreal, QC H3X#k6
Dear Mr. Hadid:
Enclosed is a fully executed copy of the Service Agreement between the City of
Huntington Beach and MVA Power, Inc. for the Purchase of Pad-Mounted Switchgear,
approved by the Huntington Beach City Council on August 6, 2024.
Sincerely,
e671elizZdAVO
Robin Estanislau, CMC.
City Clerk
RE:ds
Enclosure
Sister City: Anjo, Japan
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--�- - - _ Electrical Switchgear Equipment
-�� ���'1� a Replacement Project
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• - OS August 6 2024
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BACKGROU N D
• The electrical equipment at the Central Library
substation failed as of April 14, 2023 resulting in the
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Library's closure to staff and patrons. If approved , this
purchase of equipment will replace the failed
equipment. �. _ : t ` {
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NEED/WHY/ BENEFITS
• The electrical equipment at the Central Library
substation exhibits extensive signs of failures and
does not meet crucial safety standards.
• Repairs and updates are necessary before
permanent power can safely be restored to these
substations.
• Temporary power is being supplied through rental GTO/,/
equipment while design for custom built switchgear
and permanent replacement equipment is ordered
and delivered . \`��2
686
DETAILS
Electrical switchgear and transformer equipment
replacement bid was published on July 3, 2024 and
bids were due July 18, 2024.
Bids resulted in the lowest responsive and responsible
bids from ECB Solutions, LLC, and MVA Power, Inc.
for a total of $221 ,494.
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Service agreements are attached for approval ,� U Y: -=7- -_y�•'•
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RECOMMENDATION
• A) Accept the lowest responsive and responsible bids
submitted by ECB Solutions LLC, and MVA Power Inc,
in the amount of $221 ,494; and ,
• B) Authorize the Mayor and City Clerk to execute
service agreements with each vendor in a form
approved by the City Attorney.
• C) Authorize the appropriation of $221 ,494 to business,,/,---
unit 31440040.82200. 00c.��NTPN.00��\
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