HomeMy WebLinkAboutBay City Equipment Industries/Electric Works; 2004-07-09;RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT
FOR GENERATOR MAINTENANCE SERVICES
(BAY CITY EQUIPMENT INDUSTRIES, INC. formerly known as BAY CITY
ELECTRIC WORKS, INC.)
This Ratification of Amendment No. 3 is entered into as of the 7th day of November,
2008, but effective as of the 24th day of December, 2007, extending and amending the
agreement dated 7/14/06 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Bay City Electric Works, Inc. ("Contractor") (collectively, the "Parties").
RECITALS
A. On July 13, 2005, the Parties executed Amendment No. 1 to the Agreement for
Generator Maintenance; and
B. On July 14, 2006, the Parties executed Amendment No. 2 to the Agreement for
Generator Maintenance; and
C. The Agreement, as amended from time to time expired on July 14, 2007 and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
D. The Parties desire to alter the scope of work of the Agreement to eliminate the
maintenance of two lift stations from the previous maintenance schedule; and
E. The Parties desire to extend the Agreement for a period of one year ending on
December 24, 2008; and
F. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. With this ratification to extend and amend, the total annual Agreement amount
shall not exceed Twenty Nine Thousand One Hundred Fifty dollars ($29,150.00).
3. Contractor will complete all work described in Exhibit "A" by December 24, 2008.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22..01
6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR CITY OF
corporation
5BAD, a municipal
*„.
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy Ciiy Attorney
City Attorney Approved Version #05.22..01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Itemized List of what Contractor will do for City and at what price.
City Attorney Approved Version #05.22..01
Bay City Electric Works
Planned Maintenance Proposal
For
City of Carlsbad Sanitation Operations
Date: October 11, 2007
Equipment Description: See "EXHIBIT "A"
Attention; Jesse,
We will perform the following Reliability Inspections and Maintenance Services during regular business hours
four (4) times per year during the term that this agreement remains in effect.
Reliability Inspections Will Include:
1. Ignition system will be inspected for proper operation. Parts will be cleaned
and adjusted when necessary. (If applicable)
2. Batteries and Battery charger will be cleaned and inspected, Battery electrolyte levels and specific
gravity will be checked and reports made of any action necessary for repairing or replacing.
3. Above ground fuel tanks and lines will be inspected for defects. Critical fuel levels will be noted and
recommendations for refueling will be made when necessary.
4. Fuel will be tested for evidence of water contamination. .
5. Equipment will be checked for fuel, oil or coolant leaks.
6. Fuel and governor system will be checked for proper operation.
7. All fluid levels will be checked and topped-off as necessary. (Fuel not included)
8. Air cleaners will be checked and if necessary recommendations made for replacement.
9. Coolant test will be performed and customer advised of any problems with the cooling
system.
10. Owners/operators present will be instructed on operating and upkeep procedures to follow
between regular calls by Bay City Electric Works service personnel.
11. Engine block heater(s) and associated plumbing will be checked for proper operation. (If applicable)
12. All belts and cooling system hoses will be checked. Customer will be advised of their condition.
(If applicable)
13. Check electrical connections and wiring for any abrasion or chaffing.
14. After all of the above has been completed, service personnel will run equipment, record all
operational gauges, check voltage and frequency outputs and engine electrical and mechanical
shutdowns.(provided all permits are up to date and verified ) (if applicable)
15. All instruments will be checked for proper operation.
16. Equipment will be checked for abnormal vibration and noises.
17. Service personnel will conduct test under building load, simulating a commercial power failure,
providing owner makes such load available and it is practical to run the test concerned.
2
18. Technician will clean equipment and touch up paint, if necessary, to prevent corrosion and preserve
reasonable overall appearance.
19. Report condition of system and, if discrepancies are found, provide a proposal for repairs to insure the
stand-by reliability of the equipment.
Annual Maintenance Services (Once per year)
1. All items listed in the preceding visits.
2. Change engine lubricating oil and oil filters.
3. Change engine fuel filters.
4. Change air cleaner element.
5. Change water filters when used.
6. Take oil sample and coolant sample for analysis.
7. Dispose of hazardous waste from service.
Any additional repairs required during the planned maintenance service visit will be brought to the attention of
the owner/operator. Repairs will only be made after proper authorization from owner/operator is given to the
technician. Labor will be billed at reduced special contract labor rates depending upon when the service is to
be performed.
Note: If at any time you are not completely satisfied with our services please do not hesitate to call
me and discuss any problem with the terms of this contract or the performance of our staff.
-EXHIBIT "A" OF SERVICE AGREEMENT-
EQUIPMENT TO BE SERVICED-
Banquitas Pump Station # 4 Site Contact: Jesse Castenada
7382 Gabbino Lane Phone # 760-438-2722 ext. 7137
Carlsbad Ca. 92008
Generator: Olympian/ Caterpillar 96A02053-S
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650
Load Bank Testing $725.00
Total Price Per Year $2650.00
Cannon Road Lift Station #12
2279 Cannon Road
Carlsbad Ca. 92008
Generator: Kohler 350REOZV
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Chinquapin Pump Station # 5
4200 Carlsbad Blvd
Carlsbad Ca. 92008
Generator: Caterpillar/ Olympian D25P2
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Foxes Pump Station # 2
4155 Harrison Street
Carlsbad Ca. 92008
Generator: Kohler 135ROZJ
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Home Plant # 1
2359 Carlsbad Blvd
Carlsbad Ca 92008
Generator: Kohler 60ROZJ71
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Knots Pump Station #16
501 Knots Lane
Carlsbad Ca. 92008
Generator: Generac 98A065630-S
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Poinsettia Pump Station #15
2425 Poinsttia
Carlsbad Ca. 92008
Generator: Caterpillar SR4B
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Sandshell Pump Station
613 Sandshell Ave
Carlsbad Ca. 92008
Generator: Kohler 20ROZJB
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Simsbury Pump Station #13
3086 Tamarack Ave
Calsbad Ca.92008
Generator: 80ROZ271
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
U081 Portable
5950 El Camino Real
Carlsbad Ca. 92008
Generator: Caterpillar 3306PC
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
U461 Portable
5950 El Camino Real
Carlsbad Ca. 92008
Generator: Libby Corp L75026-125
Rate Per Planned Maintance Inspection 3X $425.50 = $1275.00
Full Service and Inspection 1 x $650.00
Load Bank Testing $725.00
Total Price Per Year $2650.00
Total Price For Yearly Generator Maintance $29,150.00
• Labor Rates Includes Service Parts, Fluids, Fluid Samples, or Taxes.
• Contract does not include fuel, call for current prices.
Travel time, mileage and labor rate included with PM Service visits.
Estimated parts included In Planned Inspection services.
In between services it is the owner/operator's responsibility to check battery water level, oil level,
coolant level, and general condition of the unit.
ADDITIONAL SERVICES
Here are some additional services that we offer that are designed to enhance the service life of your
equipment. Some may be required by local authorities according to application, but all
are recommended by most generator manufacturers.
GENERATOR SET RENTALS
In the event of an emergency or the need for an additional power source, we are also able to provide portable
rental generator sets. Please call for a quote.
DIESEL FUEL DELIVERY
We can deliver up to 800 gallons of # 2 ultra low sulfur diesel fuel per trip. Rates change periodically please
call for current rate. For those fuel tanks that are inaccessible by our delivery vehicle, an additional delivery
charge will apply.
DIESEL FUEL POLISHING
Bacteria can grow in your fuel. These microorganisms actually metabolize fuel by growing inside fuel lines,
tanks and filters. These bacteria can clog filters, corrode metals and damage rubber and tank coatings. All of
these contaminants can damage your fuel system to the point of failure.
Fuel polishing is available, once per year for an additional charge of $350.00 (up to 500 gallons) if
accepted at this time.
FUEL POLISHING ACCEPTED ( ) YES ( ) NO
ANNUAL LABORATORY FUEL SAMPLE ANALISYS ($160.00) ( ) YES ( ) NO
LOAD BANK TESTING
Your emergency generator should be tested at least once every other week, for a period of at least 30
minutes, preferably with a building load. The system should be Load Bank Tested with a Resistive Load
Bank at full rated load a minimum of once per year for at least one hour at full rated load to insure its stand-by
reliability and responsiveness to varying loads. A One Hour Resistive Load Bank Test, once per year,
including cables, load bank, labor and travel is Included in the price listed above.
AUTOMATIC TRANSFER SWITCH (ATS) SERVICE AND TESTING
A very critical component of your emergency power system is the Automatic Transfer Switch (ATS). The
Emergency Generator may function properly, but if the ATS does not function properly you will still be in the
dark without emergency power. It is recommended that your ATS(s) be serviced and tested once per year to
insure that it will transfer and re-transfer when signaled to do so. This service includes our standard ATS
electrical component check then, with the switch de-energized, we will perform a manual functional check,
lubricating and cleaning of the mechanical linkage, main contacts and interlocks between normal and alternate
sources. We will then energize the switch and test all of the normal voltage sensing relays, in-phase monitor,
engine start sequence, time delays, exerciser clock, shutdowns, output voltage and frequency.
We will perform these ATS Testing and Services once per year) for an additional charge of $385.00 per
Switch accepted at this time. This service will be scheduled during normal business hours at your
convenience, but the switch must be de-energized to perform the mechanical portion of the service. If
this service can not be performed during these hours please call for an adjusted price quote.
ATS TEST ACCEPTED ( ) YES ( ) NO
Bay City Electric Works
Planned Maintenance Proposal
For
City of Carlsbad
This agreement provides that Bay City Electric Works will perform the aforementioned service items
that should enhance the service life of the equipment listed in "Exhibit A" of this proposal and avoid
premature failure of that equipment provided there are no material defects or manufacturing flaws in
design and/or production of that equipment when this agreement is initiated.
This Planned Maintenance Agreement is neither a contract of performance nor a guarantee that the
equipment listed in Exhibit A of this proposal will operate to its specific performance standards 100%
of the time while under the care of Bay City Electric Works.
To initiate the above Planned Maintenance Agreement, please sign below and return to Bay City
Electric Works, 12208 Industry Rd, Lakeside, CA, 92040 Keep a copy for your files. Unless otherwise
agreed, this agreement shall remain in effect for a minimum of one year and will annually renew with
an annual 5 percent increase per year, until such time as written 30-day notice is received by either
party, for price change or cancellation of services. All prices quoted in this proposal are valid for
thirty (30) days. Accept ( )Yes Intl ( ) No Intl
I fully understand Bay City Electric Work's responsibilities contained within the above proposal and
accept the terms, conditions and owner/operator's responsibilities of the above agreement.
By signing below the undersigned authorizes Bay City Electric Works to make such inquiries
as are necessary to obtain credit information and authorizes banks or suppliers to release information
regarding their account
Accepted By:
Signature Print Full Name
on this day of 20 PO#
Services billed as work is completed unless otherwise agreed upon
Bay City Electric Works
Sianatui*^ryX^?Oe e—Print Full Name LAO^S^J T^Uj^ Date \7. /I n
ASSIGNMENT AND ASSUMPTION AGREEMENT
FOR
Generator Maintenance
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is made and
entered into this 7-# day of fSoye*~k*^ 2007, by and between the CITY OF CARLSBAD, a
political subdivision of the State of California ("City"), BAY CITY ELECTRIC WORKS, INC.,
CALIFORNIA, ("Assignor") and BAY CITY EQUIPMENT INDUSTRIES, INC., CALIFORNIA, a
Corporation ("Assignee"), and is made with reference to the following facts:
RECITALS
A. On July 9, 2004, the City and Assignor entered into that certain Professional Services
Agreement concerning GENERATOR MAINTENANCE SERVICES, (the "Agreement").
B. Paragraph Twenty Seven (27) of the Agreement allows Assignor to assign rights and
obligations under the Agreement upon written approval of the City.
C. Assignor desires to assign its interest in the Agreement to Assignee. Further, Assignee
desires to accept assignment of Assignor's interest in the Agreement and City consents to the
assignment of the interest in the Agreement from Assignor to Assignee.
NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and
obligations set forth herein, the parties hereto agree as follows:
1. Assignment. Assignor hereby assigns to Assignee all of Assignor's rights and obligations
as set forth in the Agreement.
2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set
forth in the Agreement.
3. City Consent. City hereby agrees and consents to the assignment of all of Assignor's
rights and obligations as set forth in the Agreement to Assignee.
4. General Terms and Conditions. The following general terms and conditions shalt apply to
this Assignment Agreement.
4.1 Hold Harmless. In addition to the hold harmless provisions contained within the
Agreement, Assignee agrees to indemnify and hold harmless the City of Carlsbad and its officers,
officials, employees and volunteers from and against all claims, damages, losses and expenses including
attorneys fees arising out of this Assignment Agreement caused by the willful misconduct, or negligent
act, or omission of the Assignee.
4.2. Counterparts. This Assignment Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
4.3. Successors and Assigns. It is mutually understood and agreed that this Assignment
Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither
this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be
assigned by Assignee without the prior consent of City.
4.4. Governing Law. This Assignment Agreement shall be governed by, interpreted under,
rev. 1/28/00
and construed and enforced in accordance with, the laws of the State of California.
4.5. Venue. Any action at law or in equity brought by either of the parties hereto for the
purpose of enforcing a right or rights provided for by this Assignment Agreement shall be tried in a court
of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all
provisions of law providing for a change of venue in such proceedings to any other county.
4.6. Notices. Service of any notices, bills, invoices or other documents required or permitted
under this Assignment Agreement shall be sufficient if sent by one party to the other by United States
mail, postage prepaid and addressed as follows:
City: City of Carlsbad,
Public Works-Maintenance and Operations
5950 El Camino Real
Carlsbad, CA 92008
Assignor: Bay City Electric Works
12208 Industry Road,
Lakeside, CA 92040
Assignee: Bay City Equipment Industries, Inc.
12208 Industry Road
Lakeside, CA 92040
4.7. Nondiscrimination. During the term of this Assignment Agreement, the parties shall
comply with the state and federal laws regarding non-discrimination.
4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor
and Assignee each represent and warrant that they have the legal power, right and actual authority to
bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof.
4.9 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in
part, in this Assignment Agreement shall be considered severable. In the event any provision, term,
condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this
Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or
restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue
in full force and effect.
rev. 1/28/00
4.10 Effective Date. This Assignment Agreement shall be effective upon the date and year first
above written.
ASSIGNOR:
Bay City Electric Works
(print name/title/
*By:
(sign here)
"h &Ut*fs^<2
int name/mle)(print i
ASSIGNEE:
Bay City Equipment Industries, JTi c
*By:
CITY OF
of the Sta
rporation
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation.
Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorne
rev. 1/28/00
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR GENERATOR
MAINTENANCE SERVICES
BAY CITY ELECTRIC WORKS, INC.
This Amendment No. 2 is entered into and effective as of the j^ , day of July, 2006,
extending and amending the agreement dated July 9, 2004 (the "Agreement") by and between
the City of Carlsbad, a municipal corporation, ("City"), and Bay City Electric Works,
("Contractor") (collectively, the "Parties") for Generator Maintenance.
RECITALS
A. On July 13, 2005, the Parties executed Amendment No. 1 to the Agreement; and
B. The Parties desire to alter the Agreement's scope of work to include Cannon Lift
Station; and
C. The Parties desire to extend the Agreement for a period of one year.
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed Thirty One Thousand five
Hundred and Fifty Five dollars ($31,555.00).
2. Contractor will complete all work described in Exhibit "A" by July 9, 2007.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for
this Amendment.
City Attorney Approved Version #05.22.01
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officers) signing to bind the corporation.
APPROVED AS TO FORM:
-, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
SANITATION OPERATIONS GENERATOR MAINTENANCE SERVICES
1. As needed routine, recurring and usual generator, transfer switch and associated
system maintenance required for the preservation or protection of all City of
Carlsbad facilities and any associated generator and transfer switch systems as
outlined within these specifications shall be provided by the Vendor. (Public
Contract Code Section 22002(d)).
2. Load bank test will be a one-hour test. All recorded voltage and amps
documented and report sent to the City of Carlsbad.
3. Transfer switch maintenance will include cleaning the ATS enclosure and remove
brushing or vacuuming dust and remove moisture, inspect transfer switch
contacts condition and replace if pitted or worn. As per manufacturer lubricate
Station ID #/Name
¥1/Home Plant
tf/Fox's
M/Batiquitos
¥5/Chinquapin
*10/Upper Faraday
..'13/Simsbury'
:*14/Lower Faraday
^1 5/Poinsettia
<16/Knots
#18 Sand Shell
"1 7/Cannon
•1&O Yard
s 1&O Yard
Address
2359 Carlsbad
Blvd.
41 55 Harrison St.
7382 Gabbiano Ln.
4010 Carlsbad
Blvd.
1711 Faraday Ave.
3086 Tamarack
Ave.
1507 Faraday Ave.
2425 Poinsettia
Lane
501 Knots Lane
61 3 Sand Shell
Ave
2197 Cannon Rd
5950 El Camino
Real
5951 El Camino
Real
Generator type/KW/Serial #
Kholer/60Kw/293428
Kholer/135Kw/380360
Olympian/200Kw/2027503
Olympian/25Kw/FabL00024
9
Kohler/125Kw/234749
Kohler/94Kw/ 172803
Kohler / 80Kw /S67275
Caterpiller/50Kw/
8DR00988
Generac / 20Kw / 2045067
Kohler 20/S#0740908
Kholer/360Kw/2042544
Kato/125Kw/ 73998
Libby / 60Kw / 4003864
Engine type/fuel/Serial #
John Deere / Diesel /
T04039T369894
John Deere / Diesel /
RG6081 TO 10644
Caterpillar/Diesel/5TF022862
Caterpillar/Diesel/CP50740
Cummings / Diesel / 442283260
Cummings / Diesel /
21550018HCH
John Deere / Diesel /
CD6059T220023
Caterpillar / Diesel /
9NR02716
Diesel/96954
John
Deere/Diesel/S#PE3029T210528
Volvopenta/Diesel/D 1 248436D 1 A/
TAD1241GE/?
Caterpillar/ Diesel /
66D15626
White Eng. lnc./Diesel/699562
Hour meter
152.2
106.7
129.9
66.5
128.8
311.6
77.9
94
48.3
13.2
177.6
any moving parts or linkages and check all cable connections & retighten, and
operate manual transfer level.
City Attorney Approved Version #04.01.02
ft
-i
4. This specification covers preventative maintenance in all City facilities and
other City maintained properties in the City of Carlsbad, Public Works
Department, Sanitation Operations Generator and Transfer Switch Inventory,
including but not limited to the following:
SANITATION OPERATIONS - GENERATOR INVENTORY
SNITATION OPERATIONS - TRANSFER SWITCH INVENTORY
stion ID ft/Name
•Home Plant
Fox's
Batiquitos
phinquapin
/Upper Faraday
?/Simsbury'
i/Poinsettia
i Knots
*' Cannon
Sand Shell
Address
2359 Carlsbad Blvd.
41 55 Harrison St.
7382 Gabbiano Ln.
4010 Carlsbad Blvd.
1711 Faraday Ave.
3086 Tamarack Ave.
2425 Poinsettia Lane
501 Knots Lane
21 97 Cannon Rd
61 3 Sand Shell Ave
Make/Series
Kholer
ASCO/7000
Olympian
Zenith/MX 200
Kholer
Russelectric
Zenith
Genreac/GTS
Kohler
Kohler 20/S#0740908
Model
96A02053-W
ZTS2L10EX-38
RMT-1504CE
ZTSDL60EC-7
98A06530-W
KCPAMTA08005
M#20REOZJB
Serial #
K39866
159900
34281
1329420.1.3
K24650
8723-1
1305829.1.3
47524
K2019393
47524
Part/Cat. #
K-1 66541 -225
E7ATS3400N5X
K1 66330-0225
Model K
Amps
225
400
600
100
225
150
600
800
100
Volts
480
480
480
480
480
480
480
480
480
480
GENERATOR MAINTENANCE SCOPE OF WORK AND EQUIPMENT LIST
Contractually required work on Sanitation Operations Inventory includes but is not
limited to troubleshooting of problems, new installation, maintenance, demolition and
repair of items associated with, contained within or attached to any City of Carlsbad,
Sanitation Operations owned or managed generators:
1. Ballasts
2. Generators
3. Conduits
4. Wiring
City Attorney Approved Version #04.01.02
5. Lighting
6. Switches
7. Disconnects, Fused and Un-fused
8. Transfer Switches, Automatic and Manual
9. Rheostats
10. Amplifiers and Speakers
11. Receptacles
12. Meter Service Panels
13. Distribution Panels and Sub-panels
14. Enclosures
15. Breakers
16. Contactors
17. Motor Starters and Controls
18. Transformers
19. Circuit boards
20. Alarms
21. High Voltage Systems
22. Low Voltage Systems
23. New Circuits
24. Dedicated Electrical Circuits
25. Engines
26. Fuel tanks and fuel systems
27. Block heaters
City Attorney Approved Version #04.01.02
28. Cooling systems
29. Contractor shall provide all necessary tools, materials, knowledge and labor to
provide Backup Power Generator, Transfer Switch, and Control System
Preventative Maintenance Services to the City of Carlsbad Sanitation
Operations Division and any other associated systems maintained by the
Division in any way.
30. Contractor shall provide personnel who have achieved "journeyman"
experience and factory authorized training in the maintenance & operations on
the various models of generators listed.
31. The Contractor is to provide comprehensive preventative maintenance service
as detailed by the City of Carlsbad Sanitation Operations division, along with
the ability to trouble shoot and make general repairs to the types of equipment
detailed in this agreement.
32. The Contractor will perform full system testing, maintenance and repairs in a
manner that will protect all associated equipment, and will perform these tests
on dates and times specified by the City of Carlsbad
33. The Contractor will use only manufacturers recommended parts for any
replacement or repairs necessary unless written direction from the Public Works
Supervisor or his designated representative is provided.
34. The cost of all materials, supplies and parts necessary for routine preventative
maintenance, as defined by these specifications, will be included in the bid item
for Quarterly and Annual preventative maintenance.
35. Contractor will provide the fuel and all other mandatory operating fluids
required to operate the City of Carlsbad's Backup Power Generators always
keeping the fluid levels to manufacturers specifications. Fuel may be billed
separately at the fair market value at time of delivery.
36. The Contractor will keep individual accurate records (including a set on site of
each generator) of all maintenance or repairs performed under this agreement.
37. Examples of Troubleshooting include, but are not limited to, investigating
failures on generators and associated electrical equipment and systems
maintained by the Sanitation Operations Division of City of Carlsbad using
standard and specialty diagnostic tools including electrical multi-meters, amp
probes, meg ohm meters, tick tracers, phase rotation meters and other
electrical diagnostic tools. Determining cause of failures and recommending
repairs or replacement of electrical equipment as detailed in the Electrical
City Attorney Approved Version #04.01.02
Scope of Work and Equipment List above as directed by the Public Works
Supervisor or his authorized representative.
38. Examples of New Installations include, but are not limited to, installation of new
equipment, conduits, wiring and associated electrical services or devices
necessary for the preservation or protection of a City facility as detailed in the
City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. After performing installations, the
Technician shall show changes and modifications to the system on plan sets
provided by the City of Carlsbad and submit them for review and approval. If
plan sets are not available the technician shall submit notes and line diagrams
of changes for City's review and approval.
39. Examples of Maintenance include but are not limited to maintenance of
equipment, conduits, wiring and associated electrical equipment or devices as
detailed in the City of Carlsbad Public Works Department, Sanitation
Operations Generator and Transfer Switch Inventory above. Maintenance
tasks include cleaning electrical cabinets, terminal and insulation inspection,
replacement of wire markers, electrical tape and wire nuts, replacement of wire
splices, replacement of contacts, replacement of other worn equipment to
prevent possible failure of associated electrical systems as directed by the
Public Works Supervisor or his authorized representative.
40. Examples of Demolition include but are not limited to removal of equipment,
conduits, wiring and associated electrical equipment or devices necessary for
the preservation or protection of a City facility as detailed in the City of Carlsbad
Public Works Department, Sanitation Operations Generator and Transfer
Switch Inventory above as directed by the Public Works Supervisor or his
authorized representative. This work may be required in the case of upgrades
of facilities, demolition of facilities or to remove obsolete equipment from
service.
41. Examples of Repairs include but are not limited to repair of equipment,
conduits, wiring and associated electrical equipment or devices as detailed in
the City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. This work may be made pursuant
to troubleshooting work identified by the Vendor or City Staff, as generated by
work order from other City Personnel, request from other users of City Facilities
or as identified during other routine maintenance activities.
42. The Vendor shall furnish all personnel, parts, materials, test equipment, tools
and services in conformance with the terms and conditions of this Agreement.
City Attorney Approved Version #04.01.02
43. City authorization is required prior to performing any repairs whose aggregate
parts and labor dollar amount exceeds one hundred and fifty dollars ($150.00).
The Vendor shall notify The City's Authorized Representative as designated by
Public Works Supervisor, Sanitation Operations, and receive authorization prior
to performing repairs in excess of $150.00.
City Attorney Approved Version #04.01.02
8
SPECIAL CONDITIONS
1. The Vendor's emergency service response system shall be a professionally
staffed telephone answering service. Automatic telephone answering/recording
machines, or home telephone numbers are not acceptable.
2. Annual Maintenance Service will be provided within sixty, (60) days following
the Notice to Proceed. Annual Maintenance Service will be provided within
sixty, (60) days following the execution of subsequent extensions to this
agreement.
3. The Vendor is required to provide emergency service within three (3) hours of
City's request, seven (7) days per week, twenty-four (24) hours per day. The
Vendor will be required to demonstrate this ability when requested by The City's
Authorized Representative as designated by the Public Works Supervisor,
Facilities.
4. The Vendor is required to provide uniformed service personnel. The Vendor's
staff will be required to work in a semi-autonomous manner. The Vendor's staff
will be required to interact in a businesslike and professional manner with City
staff and members of the public.
5. Normal working hours shall be Monday through Friday 8:00 AM through 5:00
PM excluding City holidays. Labor rates for work not included in the quarterly
or annual preventative maintenance portions of this agreement shall be as
detailed in the Vendor's proposal.
6. Payment for all work begins when the Technician reaches the City facility and
ends when the Technician completes the required service work. Portal to
portal pay is not included in this contract.
7. The City shall provide access to all devices to be serviced by the Vendor. The
Vendor shall not be held responsible for equipment malfunction or damage,
should access to equipment or the inability to start and stop primary equipment
incidental to the operation of the electrical system be denied or not provided by
the City.
8. The Vendor shall provide safe access and egress for City of Carlsbad
employees or members of the general public while work is in progress at City
facilities. The Vendor agrees to be responsible for providing and installing any
safety or cautionary equipment necessary to prevent unauthorized access to
work areas including common public areas.
9. The Vendor shall provide all hand tools, power tools, diagnostic tools and
equipment necessary to perform its work under this Agreement with the
City Attorney Approved Version #04.01.02
exception of the specialty equipment as detailed in item #9 of the Special
Conditions.
10. In the event that the Public Works Supervisor or his authorized representative
requests the Vendor to provide specialty equipment that would not normally be
supplied by field technicians including Heavy Equipment (all types), Cranes,
Scaffolds, Hydraulic Personnel Lifts and Aerial Work Platforms, and Pavement
Cutting Tools, the Vendor agrees that compensation for the specialty equipment
shall be as detailed in this section. Regardless of ownership, the rates to be
used in determining Vendor's equipment rental costs shall be the edition of the
"Labor Surcharge and Equipment Rental Rates" published by CALTRANS,
current at the time of the Vendor's actual use of the tool or equipment.
CALTRANS' equipment rates website can be found at the following web
address: http://www.dot.ca.gov/hq/construc/equipmnt.html. The labor surcharge
rates and right of way delay multipliers published therein are not a part of this
contract. Specialty Equipment shall be procured from sources within a fifty-mile
radius of the City of Carlsbad if possible. Delivery time will be compensated for
actual delivery time or a maximum of one (1) hour for delivery and one (1) hour
for equipment return regardless of where the equipment is actually located.
Specialty Equipment that is not available within this parameter will be
compensated for actual delivery time with prior approval by the City of
Carlsbad's authorized representative.
City Attorney Approved Version #04.01.02
10
e«
<^
(U
<uO
o "«J•J3 C
H
HZ
0U
~
1
: GUARDS / TIGHTEN IF NECESSARYAuUJXu
— 1 : OIL / WATER LEVELS / ADJUST AS NECESSARYAU
Xu
(N : FOR LOOSE BOLTS / TIGHTEN IF NECESSARYAUwXu
n-l : BELTS / ADJUST IF NECESSARYAUwXu
^r
PH
<I^l/J
W
z
UH
: BAITERY CONNECTIONS / CLEAN AND TIGHTEN IAUaXU
uo
§
0
W
O
HC*
r_J
00
>0 : SYSTEM FOR LEAKS / REPAIR LEAKS AS NEEDED^UWXu
r~~: FUEL SYSTEM / LEAKS / REPAIR AS NECESSARYAUWXu
oo
oo<r\WUwz
*: ENGINE GAUGES FOR PROPER OPERATIONS REPAWXu
OS
p3
I WATER PUMP / LEAKS REPAIR LEAKS IF NECESSA.*<
XU
0 : RADIATOR CAP / GASKET-iUWXu
—: RADIATOR FINS / LANCE W/AIR TO CLEAN-^U
Xu
(N : BATTERIES / CLEAN & TIGHT>*UWXu
m : ELECTROLYTE LEVEL / REPLACE IF LOWAUWXu
Tf : CLEAN BATTERY CHARGER-iUWXu
1^1 : / ADJUST BELT TENSION•^UwXu
*o : CONDITION OF WATER PUMP PULLEYSA
XU
r~-: CONDITION OF ALTERNATOR / PULLEYSAUWXu
oo : CONDITION OF CRANK SHAFT PULLEYSAUWXu
OS : HOSES FOR DEFECTS AND CLAMPSAUWXu
o : AIR FILTER / CLEANA
Xu
—WATER / SEDIMENT FROM FUEL TANK IF NECESSA$
Ka
(N N CRANK CASE BREATHERLU_J
O
fl : ENGINE PROTECTIVE DEVICE / ALARM'SA
XU
Tj-
uw
u
u
LLY CHECK ALL WIRING / SENSORS TO BE BROKE /D
h— <
>
HO
I
I
HZ
OU
H
^Wz
REPLACE OIL AND FILTER W/• — 'REPLACE FUEL FILTERS(N CLEAN FUEL INLET SCREENr-)
Hr/1W
OBTAIN ANTIFREEZE SAMPL^
§TRANSFER SWITCH INSPECTIi/~>LOAD BANK TEST\o
qc\iCNinico
g
Q.Q.
I
.b
oBH
H
— HU
tt!O
C/3
H
O
NO.l TO EXTEND AND AMEND AGREEMENT MAINTENANCE SERVICES
BAY CITY ELECTRIC WORKS INC.
FOR GENERATOR
This Amendment No. 1 is entered into and effective as of the day of July ,
2005, extending and amending the agreement dated July 9, 2004 (the “Agreement“) by
and between the City of Carlsbad, a municipal corporation, (“City”), and Bay City
Electric Works, (“Contractor”) (collectively, the “Parties”) for Generator Maintenance.
RECITALS
A. The Parties desire to alter the Agreement‘s scope of work to include
Sandshell Pump station to the existing contract; and
B.
C.
The Parties desire to extend the Agreement for a period of one year
The Parties have negotiated and agreed to a supplemental scope of work
and fee schedule, which is attached to and incorporated in by this reference as Exhibit
“A, Scope of Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
City will pay Contractor for all work associated with those services
described in Exhibit “A on a time and materials basis not-to-exceed Thirty Thousand six
Hundred Thirty Six dollars ($30,636.00). Contractor will provide City, on a monthly
basis, copies of invoices sufficiently detailed to include hours performed, hourly rates,
and related activities and costs for approval by City.
1.
2.
3.
Contractor will complete all work described in Exhibit “A by July 9, 2005.
All other provisions of the Agreement, as may have been amended from
time to time, will remain in full foice and effect.
4. All requisite insurance policies to be maintained by the Contractor
pursuant to the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
...
City Attorney Approved Version W5.22.01
1
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
*By:
(print namehitle) ATEST:
Smcc\crb-k ~n b, r.c- (e-mail address)
f
(sign here)
(print namekitle)
(e-hail address)
7-CL#4YcCwA@ A& 6d.UM
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
"Group A. Chairman, President, or .%Vice-President
**Group B.
:. Secretary, Assistant Secretary, CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oftker(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attbey
City Attorney Approved Version #05.22.01
2
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
Itemized List of what Contractor will do for City and at what price.
3
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SANITATION OPERATIONS GENERATOR MAINTENANCE SERVICES
SCOPE OF SERVICES
WIBatiquitos
P5IChinquapin
MOIUpper Faraday
Y13ISimsbury'
1. As needed routine, recurring and usual generator, transfer switch and associated
system maintenance required for the preservation or protection of all City of
Carlsbad facilities and any associated generator and transfer switch systems as
outlined within these specifications shall be provided by the Vendor. (Public
Contract Code Section 22002(d)).
2. Load bank test will be a one-hour test. All recorded voltage and amps
documented and report sent to the City of Carlsbad.
3. Transfer switch maintenance will include cleaning the ATS enclosure and remove
brushing or vacuuming dust and remove moisture, inspect transfer switch
contacts condition and replace if pitted or worn. As per manufacturer lubricate
any moving parts or linkages and check all cable connections & retighten, and
operate manual transfer level.
~ ~~~. ~. ~~
7382 Gabbiano Ln. Olympian/200Kw/2027503 Caterpillar/DieselI5TFO22862 129.9
66.5 401 0 Carlsbad OlyrnpianI25KwIFabL00024 CaterpillarIDieselICp50740
Blvd. 9
1711 Faraday Ave. KohlerI125Kw/234749 Cummings I Diesel I442283260 128.8
31 1.6 3086 Tamarack Kohler I94Kw I 172803 21550018HCH Ave.
Cummings I Diesel I
%ation ID #/Name IAddress I Generator typeIKWISerial # I Engine typeIfuelISerial # I Hour meter1
P14ILower Faraday
$1 5IPoinsettia
Y.1 6IKnots
PI8 Sand Shell
M&O Yard
M&O Yard
152.2
106.7
John Deere I Diesel I
T04039T369894
John Deere I Diesel I
RG6081T010644
2359 KholerI60KwI293428 Blvd. MIHome Plant
22IFox's t 4155 Harrison St. Kholer/l35Kw/380360
77.9 1507 Faraday Ave. Kohler I80Kw I367275
94 2425 Poinsettia Caterpiller I50Kw I Caterpillar I Diesel I
Lane 8DR00988 9NR02716
501 Knots Lane Generac I ZOKw I2045067 Diesel196954 48.3
John Deere I Diesel I
CD6059T220023
John
DeereIDiesellS#PE3029T210528
Caterpillar I Diesel I
66D15626
Sand Kohler 20/S#0740908
Kat0 I 125Kw I73998
Ave
5950 E'
Real
Real 5951 E' Libby I60Kw I4003864 White Eng. lnc.IDieselI699562 177.6
4. This specification covers preventative maintenance in all City facilities and
other City maintained properties in the City of Carlsbad, Public Works
Department, Sanitation Operations Generator and Transfer Switch Inventory,
including but not limited to the following:
3 City Attorney Approved Version #04.01.02
SANITATION OPERATIONS - GENERATOR INVENTORY
ation ID #/Name ~ Address MakelSeries Model Serial # ParVCat # Amps Volts
Fox's 14155 Harrison St. IASC017000 I 1159900 IE7ATS3400N5XI 4001 4801
Home Plant 12359 Carlsbad Blvd IKholer 1K39866 1K-166541-225 I 2251 480
)/Utmer Faradavh711 Faradav Ave. IKholer I 1K24650 1K166330-0225 1 2251 I
Batiquitos 7382 Gabbiano Ln. Olympian 96A02053-W 34281 600 480
j Knots 1501 Knots Lane IGenreac/GTS 198A06530-W 147524 I I I I
Chinquapin 14010 Carlsbad Blvd. IZenithlMX 200 /ZTS2L1 OEx-38/1329420.1.3 I 1001
Contractually required work on Sanitation Operations Inventory includes but is not
limited to troubleshooting of problems, new installation, maintenance, demolition and
repair of items associated with, contained within or attached to any City of Carlsbad,
Sanitation Operations owned or managed generators:
1. Ballasts
2. Generators
3ISimsbut-y'
3. Conduits
3086 Tamarack Ave. Russelectric RMT-1504CE 8723-1 150
4. Wiring
5. Lighting
6. Switches
7. Disconnects, Fused and Un-fused
VPoinsettia 12425 Poinsettia Lane IZenith IZTSDLGOEC-711305829.1.3 1
8. Transfer Switches, Automatic and Manual
9. Rheostats
6001
IO. Amplifiers and Speakers
11. Receptacles
3 Sand Shell
4
613 Sand Shell Ave Kohler 20/S#07409081M#20REOZJB 147524 100
City Attorney Approved Version #04.01.02
12. Meter Service Panels
13. Distribution Panels and Sub-panels
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Enclosures
Breakers
Contactors
Motor Starters and Controls
Transformers
Circuit boards
Alarms
High Voltage Systems
Low Voltage Systems
New Circuits
Dedicated Electrical Circuits
Engines
Fuel tanks and fuel systems
Block heaters
Cooling systems
Contractor shall provide all necessary tools, materials, knowledge and labor to
provide Backup Power Generator, Transfer Switch, and Control System
Preventative Maintenance Services to the City of Carlsbad Sanitation
Operations Division and any other associated systems maintained by the
Division in any way.
Contractor shall provide personnel who have achieved "journeyman"
experience and factory authorized training in the maintenance & operations on
the various models of generators listed.
The Contractor is to provide comprehensive preventative maintenance service
as detailed by the City of Carlsbad Sanitation Operations division, along with
City Attorney Approved Version #04.01.02
5
the ability to trouble shoot and make general repairs to the types of equipment
detailed in this agreement.
32. The Contractor will perform full system testing, maintenance and repairs in a
manner that will protect all associated equipment, and will perform these tests
on dates and times specified by the City of Carlsbad
33. The Contractor will use only manufacturers recommended parts for any
replacement or repairs necessary unless written direction from the Public Works
Supervisor or his designated representative is provided.
34. The cost of all materials, supplies and parts necessary for routine preventative
maintenance, as defined by these specifications, will be included in the bid item
for Quarterly and Annual preventative maintenance.
35. Contractor will provide the fuel and all other mandatory operating fluids
required to operate the City of Carlsbad’s Backup Power Generators always
keeping the fluid levels to manufacturers specifications. Fuel may be billed
separately at the fair market value at time of delivery.
36. The Contractor will keep individual accurate records (including a set on site of
each generator) of all maintenance or repairs performed under this agreement.
37. Examples of Troubleshooting include, but are not limited to, investigating
failures on generators and associated electrical equipment and systems
maintained by the Sanitation Operations Division of City of Carlsbad using
standard and specialty diagnostic tools including electrical multi-meters, amp
probes, meg ohm meters, tick tracers, phase rotation meters and other
electrical diagnostic tools. Determining cause of failures and recommending
repairs or replacement of electrical equipment as detailed in the Electrical
Scope of Work and Equipment List above as directed by the Public Works
Supervisor or his authorized representative.
38. Examples of New Installations include, but are not limited to, installation of new
equipment, conduits, wiring and associated electrical services or devices
necessary for the preservation or protection of a City facility as detailed in the
City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. After performing installations, the
Technician shall show changes and modifications to the system on plan sets
provided by the City of Carlsbad and submit them for review and approval. If
plan sets are not available the technician shall submit notes and line diagrams
of changes for City’s review and approval.
39. Examples of Maintenance include but are not limited to maintenance of
equipment, conduits, wiring and associated electrical equipment or devices as
City Attorney Approved Version #04.01.02 6
detailed in the City of Carlsbad Public Works Department, Sanitation
Operations Generator and Transfer Switch Inventory above. Maintenance
tasks include cleaning electrical cabinets, terminal and insulation inspection,
replacement of wire markers, electrical tape and wire nuts, replacement of wire
splices, replacement of contacts, replacement of other worn equipment to
prevent possible failure of associated electrical systems as directed by the
Public Works Supervisor or his authorized representative.
40. Examples of Demolition include but are not limited to removal of equipment,
conduits, wiring and associated electrical equipment or devices necessary for
the preservation or protection of a City facility as detailed in the City of Carlsbad
Public Works Department, Sanitation Operations Generator and Transfer
Switch Inventory above as directed by the Public Works Supervisor or his
authorized representative. This work may be required in the case of upgrades
of facilities, demolition of facilities or to remove obsolete equipment from
service.
41. Examples of Repairs include but are not limited to repair of equipment,
conduits, wiring and associated electrical equipment or devices as detailed in
the City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. This work may be made pursuant
to troubleshooting work identified by the Vendor or City Staff, as generated by
work order from other City Personnel, request from other users of City Facilities
or as identified during other routine maintenance activities.
42. The Vendor shall furnish all personnel, parts, materials, test equipment, tools
and services in conformance with the terms and conditions of this Agreement.
43. City authorization is required prior to performing any repairs whose aggregate
parts and labor dollar amount exceeds one hundred and fifty dollars ($150.00).
The Vendor shall notify The City’s Authorized Representative as designated by
Public Works Supervisor, Sanitation Operations, and receive authorization prior
to performing repairs in excess of $150.00.
City Attorney Approved Version #04.01.02 7
SPECIAL CONDITIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
The Vendor’s emergency service response system shall be a professionally
staffed telephone answering service. Automatic telephone answeringlrecording
machines, or home telephone numbers are not acceptable.
Annual Maintenance Service will be provided within sixty, (60) days following
the Notice to Proceed. Annual Maintenance Service will be provided within
sixty, (60) days following the execution of subsequent extensions to this
agreement.
The Vendor is required to provide emergency service within three (3) hours of
City’s request, seven (7) days per week, twenty-four (24) hours per day. The
Vendor will be required to demonstrate this ability when requested by The City’s
Authorized Representative as designated by the Public Works Supervisor,
Facilities.
The Vendor is required to provide uniformed service personnel. The Vendor’s
staff will be required to work in a semi-autonomous manner. The Vendor’s staff
will be required to interact in a businesslike and professional manner with City
staff and members of the public.
Normal working hours shall be Monday through Friday 8:OO AM through 500
PM excluding City holidays. Labor rates for work not included in the quarterly
or annual preventative maintenance portions of this agreement shall be as
detailed in the Vendor’s proposal.
Payment for all work begins when the Technician reaches the City facility and
ends when the Technician completes the required service work. Portal to
portal pay is not included in this contract.
The City shall provide access to all devices to be serviced by the Vendor. The
Vendor shall not be held responsible for equipment malfunction or damage,
should access to equipment or the inability to start and stop primary equipment
incidental to the operation of the electrical system be denied or not provided by
the City.
The Vendor shall provide safe access and egress for City of Carlsbad
employees or members of the general public while work is in progress at City
facilities. The Vendor agrees to be responsible for providing and installing any
safety or cautionary equipment necessary to prevent unauthorized access to
work areas including common public areas.
The Vendor shall provide all hand tools, power tools, diagnostic tools and
equipment necessary to perform its work under this Agreement with the
City Attorney Approved Version #04.01.02 8
exception of the specialty equipment as detailed in item #9 of the Special
Conditions.
IO. In the event that the Public Works Supervisor or his authorized representative
requests the Vendor to provide specialty equipment that would not normally be
supplied by field technicians including Heavy Equipment (all types), Cranes,
Scaffolds, Hydraulic Personnel Lifts and Aerial Work Platforms, and Pavement
Cutting Tools, the Vendor agrees that compensation for the specialty equipment
shall be as detailed in this section. Regardless of ownership, the rates to be
used in determining Vendor's equipment rental costs shall be the edition of the
"Labor Surcharge and Equipment Rental Rates" published by CALTRANS,
current at the time of the Vendor's actual use of the tool or equipment.
CALTRANS' equipment rates website can be found at the following web
address: http://www.dot.ca.uov/hu/construc/euuipmnt.html. The labor surcharge
rates and right of way delay multipliers published therein are not a part of this
contract. Specialty Equipment shall be procured from sources within a fifty-mile
radius of the City of Carlsbad if possible. Delivery time will be compensated for
actual delivery time or a maximum of one (1) hour for delivery and one (1) hour
for equipment return regardless of where the equipment is actually located.
Specialty Equipment that is not available within this parameter will be
compensated for actual delivery time with prior approval by the City of
Carlsbad's authorized representative.
9
City Attorney Approved Version #04.01.02
Generator Preventative Maintenance Plan
Unit Location:
1
2
3
4
5
6
Type EngineEenerator:
Serial No.: EVERY THREE MONTHS
24 I CHECK ENGINE PROTECTIVE DEVICE /ALARM’S I I
25 I VISUALLY CHECK ALL WIRING i SENSORS TO BE BROKE /CRACKED
EVERY 12 MONTHS
REPLACE OIL AND FILTER W/ NEW
REPLACE FUEL FILTERS
CLEAN FUEL INLET SCREEN
OBTAIN ANTIFREEZE SAMPLEKEST
TRANSFER SWITCH INSPECTION
LOAD BANK TEST
NOTE: ALL MAJOR REPAIRS NEED PRIOR CITY AUTHORIZATION
City Attorney Approved Version #04.01.02
10
AGREEMENT FOR SANITATION OPERATIONS GENERATOR MAINTENANCE
SERVICES
BAY CITY ELECTRIC WORKS INC.
is made and entered into as of the 4 d day of
BAY CITY ELECTRIC WORKS INC., a corporation,
, 20&, by and between the CITY OF CARLSBAD, a municipal
("Contractor").
DEFINITIONS
Repair: Authorized service work to equipment and systems required to preserve
and protect any City facility as specified in this Agreement.
Installations: Electrical equipment installation and adjustment required to
preserve and protect any City facility as specified in this Agreement.
Maintenance: Any routine, recurring, and usual services or preventative
maintenance on existing City systems necessary for the protection or
preservation of any City facility as specified in this Agreement.
Demolition: The removal of electrical equipment required to preserve and protect
any City facility as specified in this Agreement.
Emergency/After Hours Repair: Authorized equipment repairs that occur before
the hours of 8:OO AM or after 500 PM Monday through Friday or all day
Saturday, Sunday or during City holidays.
Service Report: Contractor's detailed report in City-approved computer-
generated format covering all work performed under this Agreement. Service
reports shall be separate documents, listed by facility and shall note all repairs or
service work performed, any pertinent electrical diagnostic equipment readings,
condition statements and any other pertinent information to aid the City in
determining future equipment repairs, maintenance or replacement.
RECITALS
A. City requires the professional services of an electrical generator
maintenance contractor that is experienced in providing routine, recurring and
usual commercial generator maintenance work necessary for the protection and
preservation of City facilities for their intended purposes.
Contractor has the necessary experience in providing professional
services and advice related to providing routine, recurring and usual commercial
generator electrical maintenance work necessary for the protection and
preservation of City generator equipment for their intended purposes.
Selection of Contractor is expected to achieve the desired results in
an expedited fashion.
B.
C.
City Attorney Approved Version #04.01.02
1
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render the
maintenance services described in the Scope of Work contained in the City’s
Request for Proposals and the Contractor’s proposal, which are incorporated by
this reference in accordance with this Agreement’s terms and conditions. The
Contractor will perform these services as needed and as authorized on a time
and materials basis.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable
professional care and skill customarily exercised by reputable members of
Contractor’s profession practicing in the Metropolitan Southern California Area,
and will use reasonable diligence and best judgment while exercising its
professional skill and expertise. Contractor shall maintain proper licensing as
required throughout the term of this Agreement.
3. TERM
The term of this Agreement will be effective for a period of one year from the date
first above written. The City Manager may amend the Agreement to extend it for
three additional one-year periods or parts thereof in an amount not to exceed
twenty-five thousand eight hundred eighty-eight dollars ($25,888.00) per
Agreement year. Extensions will be based upon a satisfactory review of
Contractor’s performance, City needs, and appropriation of funds by the City
Council. The parties will prepare a written amendment indicating the effective
date and length of the extended Agreement. Either the City or the Contractor
may decline to confirm the renewal of the contract for any reason whatsoever,
which shall render the renewal option null and void.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The Contractor’s electrical maintenance work will be by paid at an hourly rate
plus parts as indicated in the Contractor’s proposal. The total fee payable for the
Services to be performed during the initial Agreement term will not exceed
twenty-five thousand eight hundred eighty-eight dollars ($25,888.00). No other
compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. The City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in the Contractor’s proposal.
City Attorney Approved Version #04.01.02
2
The Contractor will perform work in accordance with all applicable Carlsbad
Municipal Code sections, California building codes, California electrical codes
and OSHA standards.
There will be no additional charges such as travel or trip costs allowed. Payment
for service starts when the technician arrives at the City of Carlsbad Facility, and
ends at the completion of required service work. Portal to portal payment is
not included in this Agreement.
1 All parts will be newly manufactured replacement parts or an equal approved by
the Public Works Supervisor. Pricing to City of Carlsbad will be from the
Contractor’s actual invoice from parts suppliers plus markup indicated in the
Contractor’s Proposal. Invoices must be submitted with request for payment.
The Contractor shall submit invoices to the Public Works Supervisor, Sanitation
Operations, by the 5th day of the month for work performed in the previous
month under this contract. The Contractor shall provide detailed records of all
work performed and include all required reports of systems and/or equipment@)
serviced or repaired. Failure to provide the required documents, invoices, and
reports will result in the City of Carlsbad withholding payment to the Contractor
until all the required documentation, including supplier invoices for parts, are
provided to the City.
Certified payroll documents shall be submitted to the City with each billing.
If an increase in compensation for service in succeeding option years is
requested, the Contractor must provide detailed supporting documentation to
justify the requested rate increase. The requested increase will be evaluated by
the City, and the City reserves the right to accept or reject the Contractor’s
requested compensation increase. This Agreement’s annual compensation
terms may be adjusted by a mutually agreeable amount based on and no greater
than the San Diego Consumer Price Index changes over the previous year.
Requests for price changes must be made by the Contractor in writing sixty (60)
days before the end of the then-current agreement year and is subject to
negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor’s own way as an independent
contractor and- in pursuit of Contractor’s independent calling, and not as an
employee of City. Contractor will be under control of City only as to the result to
be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered
employees of City for any purposes.
The payment made to Contractor
complete compensation to which
pursuant to this Agreement will be the full and
Contractor is entitled. City will not make any
City Attorney Approved Version #04.01.02
3
federal or state tax withholdings on behalf of Contractor or its agents, employees
or subcontractors. City will not be required to pay any workers' compensation
insurance or unemployment contributions on behalf of Contractor or its
employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be
required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City's
election, City may deduct the indemnification amount from any balance owing to
Contractor.
7.
The general prevailing rate of wages for each craft or type of worker needed to
PREVAILING WAGES TO BE PAID
execute the contract shall be those as determined by the Director of Industrial
Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code.
Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable
wage rates is on file in the Office of the City Engineer. The contractor to whom
the contract is awarded shall not pay less than the said specified prevailing rates
of wages to all workers employed by him or her in execution of the contract.
8. TECHNICIANS
The Contractor shall provide a minimum of two (2) dedicated qualified field
technicians to install maintain and repair electrical generator systems utilized in
the City of Carlsbad. The Contractor may provide more than two technicians at
its option.
If the Contractor wishes to replace or substitute an alternate technician, it must
submit a written request to the Public Works Supervisor, Sanitation Operations,
and include all information requested to insure qualifications and acceptability of
the substituted technician. This request must be submitted at least 30 calendar
days prior to substitution of any accepted technician to allow the City of Carlsbad
to review the request and perform a background check on the substitute
technician.
9. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written
approval of City. If Contractor subcontracts any of the Services, Contractor will
be fully responsible to City for the acts and omissions of Contractor's
subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and City.
Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of
this Agreement applicable to Contractor's work unless specifically noted to the
contrary in the subcontract and approved in writing by City.
City Attorney Approved Version #04.01.02
4
10. OTHER CONTRACTORS
Nothing in this agreement is intended to create an exclusive arrangement
between City and Contractor. The City reserves the right to procure commercial
electrical maintenance services from other vendors, as the City deems
appropriate.
11. PARTS
The City reserves the right to supply needed parts and equipment to the
Contractor for Services.
12. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers,
officials, employees and volunteers from and against all claims, damages, losses
and expenses including attorneys fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent
act or omission of the Contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense
City incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for
the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
13. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any
and all amendments, insurance against claims for injuries to persons or damage
to property which may arise out of or in connection with performance of the
services by Contractor or Contractor's' agents, representatives, employees or
subcontractors. The insurance will be obtained from an insurance carrier
admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VI'.
13.1 COVERAGES AND LIMITS.
Contractor will maintain the types of coverages and minimum limits indicated
below, unless the City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is
inadequate, Contractor will obtain such additional insurance coverage, as
Contractor deems adequate, at Contractor's sole expense.
City Attorney Approved Version #04.01.02
5
13.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE
$1,000,000 combined single-limit per occurrence for bodily injury, personal injury
and property damage. If the submitted policies contain aggregate limits, general
aggregate limits will apply separately to the work under this Agreement or the
general aggregate will be twice the required per occurrence limit.
13.1.2 AUTOMOBILE LIABILITY
If the use of an automobile is involved for Contractor's work for City, $1,000,000
combined single-limit per accident for bodily injury and property damage.
13.1.3ANY AUTO COVERAGE
Insurance must cover any vehicle used in the performance of the contract, used
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or
non-scheduled. The auto insurance certificate must state the coverage is for
"any auto" and cannot be limited in any manner.
13.1.4 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY.
Workers' Compensation limits as required by the California Labor Code and
Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers'
Compensation and Employer's Liability insurance will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration
stating this.
13.1.5 ADDITIONAL PROVISIONS.
Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
13.2.1 The City will be named as an additional insured on General Liability.
13.2.2 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written
notice to City sent by certified mail pursuant to the Notice provisions of this
Agreement.
13.2.3
certificates of insurance and endorsements to City.
Prior to City's execution of this Agreement, Contractor will furnish
13.3 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in
breach, or may purchase replacement insurance or pay the premiums that are
due on existing policies in order to maintain the required coverages. Contractor is
responsible for any payments made by City to obtain or maintain insurance and
City may collect these payments from Contractor or deduct the amount paid from
any sums due Contractor under this Agreement.
City Attorney Approved Version #04.01.02
6
13.4 SUBMISSION OF INSURANCE POLICIES.
City reserves the right to require, at anytime, complete and certified copies of any
or all required insurance policies and endorsements.
14. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the
term of the Agreement, as may be amended from time-to-time.
15. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs
incurred under this Agreement. All records will be clearly identifiable. Contractor
will allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of records and any other documents
created pursuant to this Agreement. Contractor will allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a
period of three (3) years from the date of final payment under this Agreement.
16. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and
subcontractors pursuant to this Agreement is the property of City. In the event
this Agreement is terminated, all documents related to services performed
produced by Contractor or its agents, employees and subcontractors pursuant to
this Agreement will be delivered at once to City. Contractor will have the right to
make one (1) copy of the work product for Contractor‘s records.
17. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in
City and Contractor relinquishes all claims to the copyrights in favor of City.
18. NOTICES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of City and on behalf of Contractor under this Agreement:
For Citv: For Contractor:
Name: John L. (“Louie”) Montanez
Title: Public Works Swervisor
Department: Public Works/M&O
Address: 5950 El Camino Real
Carlsbad. CA 92008
c
93k-Cwi9 &XZf Phone No. :/760) 434-2949 Phone No. lLb/S)
City Attorney Approved Version #04.01.02 7
19. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and City's Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents, or
subcontractors. Should it be determined that disclosure is required, Contractor or
Contractor's affected employees, agents, or subcontractors will complete and file
with the City Clerk those schedules specified by City and contained in the Statement
of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that
they have no interest, present or contemplated, in the projects affected by this
Agreement. Contractor further warrants that neither Contractor, nor Contractor's
agents, employees, subcontractors and consultants have any ancillary real property,
business interests or income that will be affected by this Agreement or, alternatively,
that Contractor will file with the City an affidavit disclosing this interest.
20. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances
and regulations which in any manner affect those employed by Contractor, or in any
way affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control
Act of 1986 and will comply with those requirements, including, but not limited to,
verifying the eligibility for employment of all agents, employees, subcontractors and
consultants that the services required by this Agreement.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and
regulations prohibiting discrimination-and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not
otherwise settled by agreement between the parties. Representatives of Contractor
or City will reduce such questions, and their respective views, to writing. A copy of
such documented dispute will be forwarded to both parties involved along with
recommended methods of resolution, which would be of benefit to both parties. The
representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager and/or designee. The City Manager and/or designee will
consider the facts and solutions recommended by each party and may then opt to
City Attorney Approved Version #04.01.02
8
direct a solution to the problem. In such cases, the action of the City Manager and/or
designee will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, City may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and
all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to
City in having the Agreement completed. Based upon that finding City will determine
the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver
it to City. Contractor will be paid for work performed to the termination date;
however, the total will not exceed the lump sum fee payable under this Agreement.
City will make the final determination as to the portions of tasks completed and the
compensation to be made.
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure
this Agreement, and that Contractor has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon, or resulting from, the
award or making of this Agreement. For breach or violation of this warranty, City will
have the right to annul this Agreement without liability, or, in its discretion, to deduct
from the Agreement price or consideration, or otherwise recover, the full amount of
the fee, commission, percentage, brokerage fees, gift, or contingent fee.
25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted
to City must be asserted as part of the Agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation.
Contractor acknowledges that if a false claim is submitted to City, it may be
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et sea, the False
Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false
claims made with deliberate ignorance of the false information or in reckless
City Attorney Approved Version #04.01.02
9
disregard of the truth or falsity of information. If City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney’s fees. Contractor acknowledges that the filing of a false claim may subject
Contractor to an administrative debarment proceeding as the result of which
Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five (5) years. Contractor acknowledges
debarment by another jurisdiction is grounds for City to terminate this Agreement.
26. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the
parties waive all provisions of law providing for a change of venue in these
proceedings to any other county.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City
and Contractor and their respective successors. Neither this Agreement or any part
of it nor any monies due or to become due under it may be assigned by Contractor
without the prior consent of City, which shall not be unreasonably withheld.
28.
During a state of emergency as determined by the City Council or City Manager
including, but not limited to states of emergency defined by Government Code
Section 8558, the Contractor agrees to provide the services specified in this
Agreement under the terms and conditions herein.
SERVICES DURING STATE OF EMERGENCY
29. ENTIRE AGREEMENT
This Agreement, the City’s Request for Proposal, the Contractor’s Proposal, and the
Specifications, together with any other written document referred to or contemplated
by these documents, along with the purchase order for this Agreement and its
provisions, embody the entire Agreement and understanding between the parties
relating to the subject matter of it. In case of conflict, the terms of the Agreement
supersede the purchase order. Neither this Agreement nor any of its provisions may
be amended, modified, waived or discharged except in a writing signed by both
parties.
City Attorney Approved Version #04.01.02
10
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Agreement.
BAY CITY ELECTRIC WORKS INC. CITY OF CARLSBAD, a municipal
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the off icer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, Qty Attorney
By:-
eputy City Atto ney
11
City Attorney Approved Version #04.01.02
EXHIBIT "A"
SANITATION OPERATIONS GENERATOR MAINTENANCE SERVICES
SCOPE OF SERVICES
#2/Fox's
#4/Batiquitos
1. As needed routine, recurring and usual generator, transfer switch and associated
system maintenance required for the preservation or protection of all City of
Carlsbad facilities and any associated generator and transfer switch systems as
outlined within these specifications shall be provided by the Vendor. (Public
Contract Code Section 22002(d)).
2. Load bank test will be a one-hour test. All recorded voltage and amps
documented and report sent to the City of Carlsbad.
3. Transfer switch maintenance will include cleaning the ATS enclosure and remove
brushing or vacuuming dust and remove moisture, inspect transfer switch
contacts condition and replace if pitted or worn. As per manufacturer lubricate
any moving parts or linkages and check all cable connections & retighten, and
operate manual transfer level.
~
106.7 41 55 Harrison St. Kholer/l35Kw/380360
7382 In Gabbiano Olympian/200Kw/2027503 Caterpillar/DieseV5TF022862 129.9
John Deere / Diesel /
RG6081T010644
John Deere / Diesel /
T04039T369894 #l/Home Plant I E!) Carlsbad I Kholer/60Kw/293428 I
#5/Chinquapin
#1 O/Umer Faradav
66.5 401 0 Carlsbad Olympian/25Kw/FabL00024 CaterpiIlar~DieseVCP50740
Blvd. 9
171 1 Faradav Ave. Kohler/l25Kw/234749 Cumminas / Diesel / 442283260 128.8
#1 WLower Faraday
Cummings / Diesel /
21 55001 8HCH #13/Simsbury' I 3086 Tamarack I Kohler / 94Kw / 172803 I
77.9 John Deere / Diesel /
CD6059T220023 1507 Faraday Ave. Kohler / 80Kw /367275
I 311.61
#1 5/Poinsettia
#16/Knots
94 2425 Poinsettia Caterpiller / 50Kw / Caterpillar / Diesel /
Lane 8DR00988 9NR02716
501 Knots Lane Generac / 20Kw / 2045067 DieseV96954 48.3
5950 El
Real
5951 El
Real
M&O Yard
M&O Yard
Caterpillar / Diesel /
66D15626 Kat0 / 125Kw / 73998
Libby / 60Kw / 4003864 White Eng. lnc./Diese1/699562 177.6
City Attorney Approved Version #04.01.02
12
SANITATION OPERATIONS - TRANSFER SWITCH INVENTORY
#l/Home Plant
#2/Fox's
2359 Carlsbad Blvd. Kholer K39866 K-166541-225 225 480
41 55 Harrison St. ASCOnOOO 159900 E7ATS3400N5X 400 480
#4/Batiquitos
#5/Chinquapin
~~
7382 Gabbiano Ln. Olympian 96A02053-W 34281 600 480
401 0 Carlsbad Blvd. Zenith/MX 200ZTS2Ll OEx-38 1329420.1.3 100
I#16/Knots 1501 Knots Lane IGenerac/GTS 198A06530-W 147524 I I lO0l I
#1 O/Upper Faraday
#13/Simsbury'
#15/Poinsettia
GENERATOR MAINTENANCE SCOPE OF WORK AND EQUIPMENT LIST
171 1 Faraday Ave. Kholer K24650 K166330-0225 225
3086 Tamarack Ave. Russelectric RMT-1504CE 8723-1 150
2425 Poinsettia Lane Zenith ZTSDLGOEC-7 1305829.1.3 600
Contractually required work on Sanitation Operations Inventory includes but is not
limited to troubleshooting of problems, new installation, maintenance, demolition and
repair of items associated with, contained within or attached to any City of Carlsbad,
Sanitation Operations owned or managed generators:
1. Ballasts
2. Generators
3. Conduits
4. Wiring
5. Lighting
6. Switches
7. Disconnects, Fused and Un-fused
8. Transfer Switches, Automatic and Manual
9. Rheostats
10. Amplifiers and Speakers
11. Receptacles
12. Meter Service Panels
13. Distribution Panels and Sub-panels
City Attorney Approved Version #04.01.02
13
14. Enclosures
15. Breakers
16. Contactors
17. Motor Starters and Controls
18. Transformers
19. Circuit boards
20. Alarms
21. High Voltage Systems
22. Low Voltage Systems
23. New Circuits
24. Dedicated Electrical Circuits
25. Engines
26. Fuel tanks and fuel systems
27. Block heaters
28. Cooling systems
29. Contractor shall provide all necessary tools, materials, knowledge and labor to
provide Backup Power Generator, Transfer Switch, and Control System
Preventative Maintenance Services to the City of Carlsbad Sanitation
Operations Division and any other associated systems maintained by the
Division in any way.
30. Contractor shall provide personnel who have achieved “journeyman”
experience and factory authorized training in the maintenance & operations on
the various models of generators listed.
31 . The Contractor is to provide comprehensive preventative maintenance service
as detailed by the City of Carlsbad Sanitation Operations division, along with
the ability to trouble shoot and make general repairs to the types of equipment
detailed in this agreement.
City Attorney Approved Version #04.01.02 14
32. The Contractor will perform full system testing, maintenance and repairs in a
manner that will protect all associated equipment, and will perform these tests
on dates and times specified by the City of Carlsbad
33. The Contractor will use only manufacturers recommended parts for any
replacement or repairs necessary unless written direction from the Public Works
Supervisor or his designated representative is provided.
34. The cost of all materials, supplies and parts necessary for routine preventative
maintenance, as defined by these specifications, will be included in the bid item
for Quarterly and Annual preventative maintenance.
35. Contractor will provide the fuel and all other mandatory operating fluids
required to operate the City of Carlsbad’s Backup Power Generators always
keeping the fluid levels to manufacturers specifications. Fuel may be billed
separately at the fair market value at time of delivery.
36. The Contractor will keep individual accurate records (including a set on site of
each generator) of all maintenance or repairs performed under this agreement.
37. Examples of Troubleshooting include, but are not limited to, investigating
failures on generators and associated electrical equipment and systems
maintained by the Sanitation Operations Division of City of Carlsbad using
standard and specialty diagnostic tools including electrical multi-meters, amp
probes, meg ohm meters, tick tracers, phase rotation meters and other
electrical diagnostic tools. Determining cause of failures and recommending
repairs or replacement of electrical equipment as detailed in the Electrical
Scope of Work and Equipment List above as directed by the Public Works
Supervisor or his authorized representative.
38. Examples of New Installations include, but are not limited to, installation of new
equipment, conduits, wiring and associated electrical services or devices
necessary for the preservation or protection of a City facility as detailed in the
City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. After performing installations, the
Technician shall show changes and modifications to the system on plan sets
provided by the City of Carlsbad and submit them for review and approval. If
plan sets are not available the technician shall submit notes and line diagrams
of changes for City’s review and approval.
39. Examples of Maintenance include but are not limited to maintenance of
equipment, conduits, wiring and associated electrical equipment or devices as
detailed in the City of Carlsbad Public Works Department, Sanitation
Operations Generator and Transfer Switch Inventory above. Maintenance
tasks include cleaning electrical cabinets, terminal and insulation inspection,
City Attorney Approved Version #04.01.02
15
replacement of wire markers, electrical tape and wire nuts, replacement of wire
splices, replacement of contacts, replacement of other worn equipment to
prevent possible failure of associated electrical systems as directed by the
Public Works Supervisor or his authorized representative.
40. Examples of Demolition include but are not limited to removal of equipment,
conduits, wiring and associated electrical equipment or devices necessary for
the preservation or protection of a City facility as detailed in the City of Carlsbad
Public Works Department, Sanitation Operations Generator and Transfer
Switch Inventory above as directed by the Public Works Supervisor or his
authorized representative. This work may be required in the case of upgrades
of facilities, demolition of facilities or to remove obsolete equipment from
service.
41. Examples of Repairs include but are not limited to repair of equipment,
conduits, wiring and associated electrical equipment or devices as detailed in
the City of Carlsbad Public Works Department, Sanitation Operations Generator
and Transfer Switch Inventory above as directed by the Public Works
Supervisor or his authorized representative. This work may be made pursuant
to troubleshooting work identified by the Vendor or City Staff, as generated by
work order from other City Personnel, request from other users of City Facilities
or as identified during other routine maintenance activities.
42. The Vendor shall furnish all personnel, parts, materials, test equipment, tools
and services in conformance with the terms and conditions of this Agreement.
43. City authorization is required prior to performing any repairs whose aggregate
parts and labor dollar amount exceeds one hundred and fifty dollars ($150.00).
The Vendor shall notify The City’s Authorized Representative as designated by
Public Works Supervisor, Sanitation Operations, and receive authorization prior
to performing repairs in excess of $150.00.
City Attorney Approved Version #04.01.02
16
SPECIAL CONDITIONS
1. The Vendor's emergency service response system shall be a professionally
staffed telephone answering service. Automatic telephone answeringlrecording
machines, or home telephone numbers are not acceptable.
2. Annual Maintenance Service will be provided within sixty, (60) days following
the Notice to Proceed. Annual Maintenance Service will be provided within
sixty, (60) days following the execution of subsequent extensions to this agreement.
3. The Vendor is required to provide emergency service within three (3) hours of
City's request, seven (7) days per week, twenty-four (24) hours per day. The
Vendor will be required to demonstrate this ability when requested by The City's
Authorized Representative as designated by the Public Works Supervisor,
Facilities.
4. The Vendor is required to provide uniformed service personnel. The Vendor's
staff will be required to work in a semi-autonomous manner. The Vendor's staff
will be required to interact in a businesslike and professional manner with City
staff and members of the public.
5. Normal working hours shall be Monday through Friday 8:OO AM through 5:OO
PM excluding City holidays. Labor rates for work not included in the quarterly
or annual preventative maintenance portions of this agreement shall be as
detailed in the Vendor's proposal.
6. Payment for all work begins when the Technician reaches the City facility and
ends when the Technician completes the required service work. Portal to
portal pay is not included in this contract.
7. The City shall provide access to all devices to be serviced by the Vendor. The
Vendor shall not be held responsible for equipment malfunction or damage,
should access to equipment or the inability to start and stop primary equipment
incidental to the operation of the electrical system be denied or not provided by
the City.
8. The Vendor shall provide safe access and egress for City of Carlsbad
employees or members of the general public while work is in progress at City
facilities. The Vendor agrees to be responsible for providing and installing any
safety or cautionary equipment necessary to prevent unauthorized access to
work areas including common public areas.
9. The Vendor shall provide all hand tools, power tools, diagnostic tools and
equipment necessary to perform its work under this Agreement with the
City Attorney Approved Version #04.01.02 17
exception of the specialty equipment as detailed in item #9 of the Special
Conditions.
10. In the event that the Public Works Supervisor or his authorized representative
requests the Vendor to provide specialty equipment that would not normally be
supplied by field technicians including Heavy Equipment (all types), Cranes,
Scaffolds, Hydraulic Personnel Lifts and Aerial Work Platforms, and Pavement
Cutting Tools, the Vendor agrees that compensation for the specialty equipment
shall be as detailed in this section. Regardless of ownership, the rates to be
used in determining Vendor’s equipment rental costs shall be the edition of the
“Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the Vendor’s actual use of the tool or equipment.
CALTRANS’ equipment rates website can be found at the following web
address: http://www.dot.ca.qov/hg/construc/equipmnt.html. The labor surcharge
rates and right of way delay multipliers published therein are not a part of this
contract. Specialty Equipment shall be procured from sources within a fifty-mile
radius of the City of Carlsbad if possible. Delivery time will be compensated for
actual delivery time or a maximum of one (1) hour for delivery and one (1) hour
for equipment return regardless of where the equipment is actually located.
Specialty Equipment that is not available within this parameter will be
compensated for actual delivery time with prior approval by the City of
Carlsbad’s authorized representative.
City Attorney Approved Version #04.01.02
18
Y 2 0 # c 0 ._ F? 3
1. c is