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HomeMy WebLinkAboutC23290C REVCO Solar - North Carport Photovoltaic SystemCITY OF PALM DESERT COMMUNITY SERVICES STAFF REPORT REQUEST: AWARD OF CONTRACT (C-23290C) TO REVCO SOLAR ENGINEERING FOR THE NORTH CARPORT PHOTOVOLTAIC SYSTEM IN THE AMOUNT OF $334,545 SUBMITTED BY: Robert Kohn, Director of Special Programs DATE: June 23, 2005 CONTENTS: 1. Contract C-23290C for the North Carport Photovoltaic System 2. Exhibit "A" Proposal Summary from REVCO Solar Engineering Recommendation: By Minute Motion: 1. Award contract to REVCO Solar Engineering in the amount of $334,545, Contract No. C-23290C "Photovoltaic Project" and approve a 10% contingency in the amount of $3,344.54, and appropriate funds from fund 400; and 2. Authorize the Mayor to sign the contract documents. Discussion: At its meeting of December 9, 2004, City Council approved a loan application to the California Energy Commission for an Energy Efficiency Project in the amount of $197,000. The project included a lighting retrofit and 50kW solar array for the City Hall complex. The design engineer's estimated total cost of the project was $325,589. Bids for the lighting retrofit portion of the project were solicited in early March and the successful bid from Positive Energy was $23,593.60. This is approximately $10,000 below the engineer's estimate. Six bids were received for the North Carport Solar Array project on May 20th. The low bid of $334,545 was submitted by, REVCO Solar Engineering of Laguna Hills. The project will consist of installation of a 50kW solar array and all associated equipment. Some of the solar panels will be new Sharp 167W panels with the remainder being 200 of the Seiman's 50W panels the City has in storage. The low bid for the solar project came in $44,000 higher than the engineer's estimate. Several events have occurred during the six months since the engineer's estimates were prepared. The specifications called for Sharp 185W panels. These panels are no longer in production so we accepted the lower power production Sharp 167W panels. This increased the labor costs because more panels are required to meet the electric CONTRACT NO.C-23290C AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of June, 2005, by and between the City of Palm Desert, California, hereafter called "OWNER", and REVCO SOLAR ENGINEERING, INC. hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S North Carport Photovoltaic Project, Contract NO. C- 23290C , in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Performance Bond; (f) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) The Determination of Prevailing Wage Rates for Public Work; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. I in accordance with the Contract Documents and will complete said work within sixty, (60) calendar days from the Notice to Proceed date to the satisfaction of the Director of Special Programs. CONTRACT NO.C-23290C 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $200.00 per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR'S certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR'S certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. " CONTRACT NO.C-23290C IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: REVCO SOLAR ENGINEERING, INC. By: Signature to be notarized Title: President OWNER: CITY OF PALM DESERT By: Title: Mavor of Palm Desert. California APPROVED AS TO CONTENT: ROBERT P. KOHN DIR. OF SPECIAL PROGRAMS Attest By: Title: Attest By: Title: Citv Clerk of Palm Desert DAVID J. ERWIN, CITY ATTORNEY CONTRACT NO.C-23290C PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: CONTRACT NO. C-23290C WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the OWNER, in the penal sum of $334.545 Dollars ($334,545), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the OWNER, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the OWNER to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. CONTRACT NO.C-23290C IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY 433 INSURANCE COMPANY and/or AGENT: ADDRESS: TELEPHONE NUMBER: PRINCIPAL CONTRACT NO.C-23290C CITY OF PALM DESERT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as the "Contractor'), an agreement dated described as follows: Contract No. - - (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of California and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of $334.545 Dollars ($334.545), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. CONTRACT NO.C-23290C The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUCONTRACTOR: (Typed Name of Contractor) (Signature) (Typed Name and Title) The rate of premium on this bond is SURETY: The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. CONTRACT NO.C-23290C Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) EXHIBIT A REVC61 SOLAR UMUMM"MC Exception to Specifications Alternative Bid 1. Substitution of Sharp 167-watt panels for specified 185's, this is being recommended as Sharp is moving away from the production of 185's, and dependent upon time line for award of the RFP may be unavailable. Whereas the 167's is the mainstay that they are and will continue to produce. S' cerely, ���-►-� Bruce Alan Mercy Revco Solar Engineering Bam/ bdt BID FORM NORTH CARPORT PHOTOVOLTAIC PROJECT Contract No. (C-23290C) To: City of Palm Desert 73-510 Fred Waring Drive Redding, CA, 92260 From: �-e-Vco 5O otr -1 ee r Name of Bidder •� 90 -aoy '�)UuTr-rk) 44�c- cling Address CA 19 City, State & Zip Responding to Invitation to Bid Contract No. C-3290C due May 20, 2005, the undersigned Bidder agrees to furnish and deliver the lighting energy conservation project per the specifications. I/We have stated hereon the price(s) at which we will furnish and deliver the specified item(s) and will accept as full payment therefore the amount shown below. Bidder further agrees, in addition to the terms and conditions specified herein the following terms and conditions that are a part of this bid and any resulting contract: F.O.B. Point. All shipments shall be made F.O.B. destination, Palm Desert, CA. F.O.B. destination indicates that the seller is responsible for shipment until it is tendered to the City of Palm Desert, even if the City of Palm Desert agrees to pay for shipping and handling. The City of Palm Desert will allow freight charges, but only if they are indicated on this form. Freight shall be shown separately on the lines provided. -- Award. Bid award will be based on the lowest responsible bid price including any transportation charges, as well as any other criteria indicated in these specifications. Signatures. All information submitted by Bidder, including signatures, must be original. Copies will not be accepted. Taxes. Bidders should not show California Sales Tax on their bids. The City of Palm Desert will calculate the California Sales Tax at 7.75% and pay it to Successful Bidder(s) who are California suppliers or out-of-state suppliers who are registered with State of California and who have the appropriate California Seller's Permit. The City of Palm Desert will pay the State Sales Tax directly to the State of California when the Successful Bidder(s) is not registered with the state to collect it. The City of Palm Desert is exempt from Federal Excise Tax. Item Oty Unit Description Unit Price Ext. Total 1. (I) EA (item description), $ 3a5, oy 5 s specifle `( ,C� �DC) sow S s-re w, Mfg. Model Yr of Production 2. (1) EA (item description), $ 9,500 $ s specifl I-) O K.w SvL-pr� S� S 1-e-w, ( M I ti V5 Mfg. Model Yr of Production av o S Exact Transportation Charges, if an ..$ O Total Amount Bid...........................................................$ ,33 q, 5y 5 Total Amount Bid Written in Words: �`'r� t� r- 11,z0S"-0/V1 ve- korjo���v r- -_Q� Dow4,rS Amount Written in Words. This bid will be awarded based upon the total amount bid as written in words. Where there is a discrepancy between words and figures, WORDS WILL GOVERN. Where there is a discrepancy between item unit price and extended total, UNIT PRICE WILL GOVERN. Please check your calculations before submitting your bid; the City of Palm Desert will not be responsible for Bidder miscalculations. Maximum Completion or Delivery Time: Sixty - (60), Days from receipt of order or notice to proceed. Bidder shall complete the following required information: 1. All or Non Offer. This bid is offered on an all or none basis? It S Ke 2. Delivery. Delivery time after receipt of order. �O O days. Delivery will be made via (check applicable means of delivery): -,"--Bidder's Truck Commercial Truck Train Sea Air 3. Warranty Offered by Bidder. The Manufacturer's Warranty for Item Offered is: a. Scope: 5,1r PA-0S /L-+�o r q — erm: 2 5 rs so L-*,v� 4. Extended Warranty. Indicate terms and price of any extended warranties available for purchase, c mmencing upon expiration of original warranty. a. Scope: P 0- b. Term: c. Price per Term per Unit: (Bidder — A copy of the manufacturer's extended warranty may be attached) 5. Warranty Response Time. Minimum acceptable response time is "24 hours" from the time the City of Palm Desert requests service. Indicate maximum response time after notification of warranty issue: 36 hrs. a,-( f 6 0 r.S 6. Service Facility. Maximum location of service facility from the City of Palm Desert is 5 hours driving distance. a. Give the exact address of the service facility: CrPjaT e�, s1� , C_A��NA 14i 0-5, CA �2LS3 7. Discounts. The following discounts will be considered in award of bid. a. Award of all items. Indicate any additional discount for award of all items to your company: 0 %. b. Pavment Discount. Discount for payment of invoice within 20 days of receipt is: I %. Payment discounts of 20 or more days will be considered in award of bid. The (City of Palm Desert) will not take discounts that are not earned. Term of Offer. It is understood and agreed that this bid may not be withdrawn for a period of ninety- (90) days from the Bid Submittal Deadline, and at no time in case of successful Bidder. Bidder's Acknowledgement Of His Understanding Of The Terms and Conditions. Representations Made Under Penalty Of Perjury. The representations herein are made under penalty of perjury. We hereby offer to sell the (City of Palm Desert) the above item(s) at the prices shown and under the terms and conditions herein, attached, or incorporated by referenced. �ealc,o 1. A--r Ev" ; 'N ear ; � Bidder Name (Person, Firm, Corp.) 6 Signature of Authorized Represdntative a � G 31 S�� Address Name of Authorized Represehtative (.W- ,, Q � i-f-1 c�S / C14 � z6 S3 .S �s � , City, ate, Zip Code Title of Authorized Representative Telephone Number 15TN4- 3(--� - ® 33W Facsimile Number Non -Collusion Affidavit To Be Completed and Submitted With Bid State of (State) ) County of (County) ss. CA -LA pb_c� VIt4 '" , being first duly sworn, deposes and says that he or she is Owner of (Contractor Name) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." s -do- a 6>a S (Date) 41V CC> So> ( V�,� Bidder Nam (Person, Firm, Corp.) (Signed at (Place)) �0 A�tJ�erized Represe" Address Representative's Name "oNLIUSIC,4-31653 City, `9tate, Zip Representative's T' e 17 BIDDER'S GUARANTY To Be Submitted With Bid The successful bidder shall execute this guaranty upon execution of the contract. To the City of Palm Desert: Project: C - 3290E to Lighting Energy Conservation Project The undersigned guarantees the production, construction, and installation of the following work included in this project in accordance with: Bid No. C - 23290C - NORTH CARPORT PHOTOVOLTAIC PROJECT Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the contract documents, due to any of the above causes, all within twelve (12) months after date on which this contract is accepted by the City of Palm Desert, hereinafter called City, the undersigned agrees to reimburse the City of Palm Desert, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project. Said reimbursement shall include the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City of Palm Desert, to replace any such materials and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City of Palm Desert shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City of Palm Desert. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City of Palm Desert shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred due to the said failure or refusal. Name of Bidder/Contractor (Person, Firm, or Corporation) Signature of Bidder/Contractor's Auth&ized Representative bn-> ct'- A-LA� W F-V-(-� Name & Title of Authorized Representative .5--z-a-?--o5 Date of Signing BIDDER'S STATEMENT REGARDING INSURANCE COVERAGE To Be Submitted With Bid BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation For Bids for Contract No. C — 23290C, to "Lighting Energy Conservation Project". Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City of Palm Desert as Additional Insured for the work specified. ee Name of Bidder (Person, Firm, or�orporation) Signature of Bidder's Authorized Repr entative Name & Title of Authorized Representative 5-�-� ^--a ,Do S Date of Signing 19 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. � J C-�7 � �- ►�`� �iN Nam of Bidder (Person, Finn)or Corpor ion) �J� �L-- Signature of Bidder's Authorizedpresentative Name & Title of Authorized R ]presentative Date of Signing ATTEST: By Signature Title PROPOSED EQUIPMENT AND MATERIAL MANUFACTURERS Bidder shall indicate the name of the manufacturer of the equipment, and supplier of the material, proposed to be furnished under the contract. Awarding of a contract based on this bid will not imply approval by the City of Palm Desert of the manufacturers or suppliers listed by the Bidder. No substitution will be permitted after award of contract except upon written approval of the City of Palm Desert. Bid Contract No. C-23290C Bidder Name Equipment or Materials Manufacturer Supplier Solar Electricity System Description PV Modules Inverter Junction Box DC Disconnect roof DC Disconnect AC Disconnect Rails Splice Kit End Clamps Tile Trac Tilt up Kit Fast Jack Flashing Torch Ground Track Pipe Trenching THWN #10 THWN #12 MC Connector Conduit 1/2 100A Sub Panel Others Subtotal Material Tax Material Labor --- --- Total Cost Marqin .... Price_ 200A Main Panel Up rad_ e TOTAL Manufacturer Type SHARP ND; 167U1 1CANT22�C � 01L.LO Outback PSSB Square-D HU361 RB Square-D DU221 RB ProSolar RT-136-6 ProSolar RT-SK4 ProSolar RT-S_RPxx-25 ProSolar TT-18 ProSolar RT-TU24-18 ProSolar FJ-450-18 ProSolar OAT -SF ProSolar_ GT-SRP 136 schedule 40 48" Cutler -Hammer_ CH14B100R SUBCONTRACTORS LIST The following is a list of the subcontractors that will be used in the work if the Bidder is awarded the contract, and no subcontractor not listed below will be used without the written approval of the City of Palm Desert. Additional numbered pages outlining this portion of the bid may be attached to this page. NOTE: Subcontractors' address, telephone number, license numbers, class and expiration date information may be omitted from this form but must then be submitted within two (2) working days following the opening of bids. Subcontractor name, location, and Item of work must be stated at the time of the bid. Bidder Name SUBCONTRACTORS LIST, Page 1 All Subcontractors in excess of 1/2 of 1 % of total bid must be listed. ISUBCONTRACTOR: ITEM OF WORK: `:LOCATION/ADDRESS: LICENSE NO. 'CLASS: (SUBCONTRACTOR: 'LOCATION/ADDRESS: EXPIRATION DATE: PHONE: ITEM OF WORK: !LICENSE NO. EXPIRATION DATE: PHONE: iCLASS: