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Global Power Group Inc; 2021-03-09; PSA21-1401FAC
PSA21-1401FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CITYWIDE GENERATOR PREVENTATIVE MAINTENANCE SERVICES GLOBAL POWER GROUP, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, but effective March 16, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Global Power Group, Inc., a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in generator preventative maintenance services. B.Contractor has the necessary experience in providing professional services andadvice related to generator preventative maintenance services. C.Contractor has submitted a proposal under RFP21-1246FAC to the City and hasaffirmed 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years from the date first abovewritten. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will beforty five thousand four hundred thirty-five dollars ($45,435) per year. No other compensation forthe Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty fivethousand four hundred thirty-five dollars ($45,435) per year. The City reserves the right to withholda ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E 9thMarch PSA21-1401FAC City Attorney Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. 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 pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 3 recklessness, or willful misconduct 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. 11. 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-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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. 14. 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 work product 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. 15. 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. /// /// /// DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Bill Havrilla Title Public Works Superintendent Title Project Manager Department Public Works Address 12060 Woodside Avenue City of Carlsbad Lakeside, CA 92040 Address 405 Oak Ave. Phone No. 619-579-1221 Carlsbad, CA 92008 Email bhavrilla@gpgpower.com Phone No. 760-434-2944 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☐ No ☒ 18. 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 whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. The DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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. 22. 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. 23. 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 seq., 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 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. 24. 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 DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 7 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. 25. 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 nor 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. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, 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. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 8 27. 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California GLOBAL POWER GROUP, INC., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Salvatore Ceballos, CFO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Salvatore Martorana, President (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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 1 EXHIBIT “A” SCOPE OF SERVICES VENDOR’S PROPOSED COST OF SERVICES: The numbers listed in the “Quantities of Units” category of the matrix below are estimates only. The actual payments made to the Vendor will be based on the Vendor’s actual work performed for the City consistent with the terms and conditions of the contract documents. Item No. Description Unit Price Quantity of Units Annual Total 1 Generator Preventive Maintenance (Initial, Monthly, Quarterly and Annual tasks per Exhibit A) 1.a CALAVERA COMMUNITY CENTER Generator Preventive Maintenance $195.00 Lump Sum per Month X 12 $2,340.00 (Extended Amount) 1.b CITY HALL Generator Preventive Maintenance $210.00 Lump Sum per Month X 12 $2,520.00 (Extended Amount) 1.c DOVE LIBRARY Generator Preventive Maintenance $225.00 Lump Sum per Month X 12 $2,700.00 (Extended Amount) 1.d FARADAY CENTER Generator Preventive Maintenance $250.00 Lump Sum per Month X 12 $3,000.00 (Extended Amount) 1.e FLEET OPERATIONS Generator Preventive Maintenance $200.00 Lump Sum per Month X 12 $2,400.00 (Extended Amount) 1.f FIRE STATION #1 Generator Preventive Maintenance $175.00 Lump Sum per Month X 12 $2,100.00 (Extended Amount) 1.g FIRE STATION #2 Generator Preventive Maintenance $175.00 Lump Sum per Month X 12 $2,100.00 (Extended Amount) 1.h FIRE STATION #3 Generator Preventive Maintenance $225.00 Lump Sum per Month X 12 $2,700.00 (Extended Amount) 1.i FIRE STATION #4 Generator Preventive Maintenance $175.00 Lump Sum per Month X 12 $2,100.00 (Extended Amount) 1.j FIRE STATION #5 Generator Preventive Maintenance $200.00 Lump Sum per Month X 12 $2,400.00 (Extended Amount) DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 2 Item No. Description Unit Price Quantity of Units Annual Total 1.k FIRE STATION #6 Generator Preventive Maintenance $200.00 Lump Sum per Month X 12 $2,400.00 (Extended Amount) 1.l SAFETY CENTER Generator Preventive Maintenance $250.00 Lump Sum per Month X 12 $3,000.00 (Extended Amount) 1.m SENIOR CENTER Generator Preventive Maintenance $200.00 Lump Sum per Month X 12 $2,400.00 (Extended Amount) 1.n STAGECOACH COMMUNITY CENTER Generator Preventive Maintenance $200.00 Lump Sum per Month X 12 $2,400.00 (Extended Amount) 2. Annual Load Bank Testing Service 2.a CALAVERA COMMUNITY CENTER Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.b CITY HALL Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.c DOVE LIBRARY Load Bank Testing Service $450.00 Annual Lump Sum X 1 $450.00 (Extended Amount) 2.d FARADAY CENTER Load Bank Testing Service $500.00 Annual Lump Sum X 1 $500.00 (Extended Amount) 2.e FLEET OPERATIONS Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.f FIRE STATION #1 Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.g FIRE STATION #2 Load Bank Testing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) 2.h FIRE STATION #3 Load Bank Testing Service $380.00 Annual Lump Sum X 1 $380.00 (Extended Amount) 2.i FIRE STATION #4 Load Bank Testing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) 2.j FIRE STATION #5 Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 3 Item No. Description Unit Price Quantity of Units Annual Total 2.k FIRE STATION #6 Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.l SAFETY CENTER Load Bank Testing Service $450.00 Annual Lump Sum X 1 $450.00 (Extended Amount) 2.m SENIOR CENTER Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 2.n STAGECOACH COMMUNITY CENTER Load Bank Testing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 3. Annual Diesel Fuel Polishing Service 3.a CALAVERA COMMUNITY CENTER Diesel Fuel Polishing Service $145.00 Annual Lump Sum X 1 $145.00 (Extended Amount) 3.b CITY HALL Diesel Fuel Polishing Service $145.00 Annual Lump Sum X 1 $145.00 (Extended Amount) 3.c DOVE LIBRARY Diesel Fuel Polishing Service $200.00 Annual Lump Sum X 1 $200.00 (Extended Amount) 3.d FARADAY CENTER Diesel Fuel Polishing Service $300.00 Annual Lump Sum X 1 $300.00 (Extended Amount) 3.e FLEET OPERATIONS Diesel Fuel Polishing Service $145.00 Annual Lump Sum X 1 $145.00 (Extended Amount) 3.f FIRE STATION #1 Diesel Fuel Polishing Service $145.00 Annual Lump Sum X 1 $145.00 (Extended Amount) 3.g FIRE STATION #3 Diesel Fuel Polishing Service $165.00 Annual Lump Sum X 1 $165.00 (Extended Amount) 3.h FIRE STATION #5 Diesel Fuel Polishing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) 3.i FIRE STATION #6 Diesel Fuel Polishing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) 3.j SAFETY CENTER Diesel Fuel Polishing Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 3.k SENIOR CENTER Diesel Fuel Polishing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 4 Item No. Description Unit Price Quantity of Units Annual Total 3.l STAGECOACH COMMUNITY CENTER Diesel Fuel Polishing Service $150.00 Annual Lump Sum X 1 $150.00 (Extended Amount) 4.0 Automatic Transfer Switch Maintenance Service Outside of regular business hours between 6:00 a.m. to 5:00 p.m., Monday through Friday 4.a CALAVERA COMMUNITY CENTER Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.b CITY HALL Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.c DOVE LIBRARY Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.d FARADAY CENTER Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.e FLEET OPERATIONS Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.f FIRE STATION #1 Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.g FIRE STATION #3 Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.h FIRE STATION #5 Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.i FIRE STATION #6 Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.j SAFETY CENTER Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.k SENIOR CENTER Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) 4.l STAGECOACH COMMUNITY CENTER Automatic Transfer Switch Maintenance Service $350.00 Annual Lump Sum X 1 $350.00 (Extended Amount) PROPOSED COST OF SERVICE PER AGREEMENT YEAR Total $45,435.00 DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 5 MANNER OF PERFORMING SERVICES PART I GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. “BID ITEM” – Individual items of work in the CONTRACTOR’S bid at an agreed price for the work. B. “CITY” - The CITY of Carlsbad, California. C. “CITY MANAGER” - The fully appointed CITY MANAGER of the CITY or their authorized representative. D. “CONTRACT ADMINISTRATOR” – The DEPUTY CITY MANAGER OF PUBLIC WORKS designee for bidding, awarding and administering the CONTRACTOR’S work under this agreement. E. “CONTRACTOR” - The managing individual of the contracting entity or their authorized employees or representatives. F. “FULLY OPERATIONAL” – In a condition to undertake the function to adequately run as a standby Generator. G. “PERIODIC INSPECTION” – Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. “PREVENTATIVE MAINTENANCE” – Work specified in the preventative maintenance schedule of this agreement that consist of work performed by the Contractor at a fixed price cost. I. “DEPUTY CITY MANAGER OF PUBLIC WORKS” - The official designated as the Deputy City Manager of Public Works for the CITY, or any of their authorized representatives. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the CITY is provided with reliable and high-quality Generator Preventative Maintenance services at all times. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 6 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, parts and materials necessary, unless specifically excluded herein, to perform PREVENTATIVE MAINTENANCE at the BID ITEM price. 1.03 The CONTRACTOR’S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Generator Preventative Maintenance shall be performed in accordance with accepted industry standards to the satisfaction of the CONTRACT ADMINISTRATOR or their designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.05 The CONTRACTOR shall maintain individual maintenance logs listing all work performed under this agreement. These maintenance logs shall be kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the technician performing service and any other information that may affect current or future operation of the generators. The CONTRACTOR shall report these locations, by address, to CITY’S CONTRACT ADMINISTRATOR, or designee, within 24 hours. (Deductions may be made from the CONTRACTOR’S payments if maintenance tasks are not reported to CITY within the time allowed.) 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within three (3) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 The CONTRACTOR shall prepare and submit an annual schedule for PREVENTATIVE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The PREVENTATIVE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 2.00 GENERATORS TO BE MAINTAINED 2.01 The service areas, hours of operation, and frequencies of service under the provisions of this CONTRACT are detailed in Exhibit “A”. 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 7 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR’S monthly invoices for PREVENTATIVE MAINTENANCE shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed with the date and time the work was completed and correctly extended totals for each individual BID ITEM or separate item of work. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or designee. 3.03 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at their discretion, add new generators to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a negotiated bid. Bid costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced. An amendment to the agreement with the CONTRACTOR shall be written and fully executed prior to any service changes. 3.04 Additional compensation may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 8 4.02 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR’S equipment, at any time for the purpose of verifying CONTRACTOR’S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or their appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the generators. 6.00 REGULATORY AGENCY COMPLIANCE 6.01 The CONTRACTOR shall assist the CITY with administering the requirements of the County of San Diego Air Pollution Control District Permit to Operate. 6.02 The CONTRACTOR shall assist the CITY with administering the requirements of the County of San Diego Department of Environmental Health Unified Program Facility Permit. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 9 6.03 The CONTRACTOR shall advise the CITY of required inspections, maintenance and repairs required to satisfy all regulating agencies requirements to ensure uninterrupted services of the CITY’S Generators. 6.04 The CONTRACTOR shall maintain all logs and records as required by the regulatory agencies. These logs shall be kept at each site and shall contain all necessary information as may be required by each regulatory agency. The CONTRACTOR shall be responsible for paying any and all fines or penalties to regulatory agencies caused by failure to maintain complete and accurate records as required by law. In addition to any fines levied, the CONTRACTOR agrees to pay the CITY or have withheld from payments, a sum equaling 15% of any levied fine to compensate the CITY for administrative costs due to the CONTRACTOR’S failure to comply with this provision. 6.05 The CONTRACTOR shall provide these services as PREVENTATIVE MAINTENANCE at the BID ITEM price for each individual location and no additional compensation will be provided. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense. 8.00 SAFETY 8.00 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his/her duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR’S employees, agents of the CITY, Contractors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potential hazards at said sites and provide a report indicating date inspected and action taken. Said report shall be delivered to the CONTRACT ADMINISTRATOR in electronic format within thirty (30) days upon completion of the inspection. 8.01 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 8.02 The CONTRACTOR shall provide safe access and egress for City of Carlsbad DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 10 employees or members of the general public while work is in progress at CITY facilities. The CONTRACTOR 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. 8.03 The CONTRACTOR is required to maintain a comprehensive safety program for all of its staff members. Additionally, all Generator Maintenance Service staff must receive electrical safety training as specified in the NFPA 70E. The CONTRACTOR is responsible for maintaining records supporting all safety training activities and must provide documentation of such to the CONTRACT ADMINISTRATOR upon request. 8.04 The CONTRACTOR is responsible to ensure all staff wear the appropriate Personal Protective Equipment (PPE) as circumstances dictate. 9.00 HOURS AND DAYS OF MAINTENANCE SERVICES 9.01 The acceptable hours of service for routine monthly generator preventive maintenance shall be 6:00 a.m. to 5:00 p.m., Monday through Friday excluding City holidays, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 9.02 The acceptable hours of service for Automatic Transfer Switch Maintenance shall be outside of regular business hours 6:00 a.m. to 5:00 p.m., Monday through Friday. 9.03 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 11 10.00 PREVENTATIVE MAINTENANCE SCHEDULES 10.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. An Annual Calendar shall include all required operations that occur less than monthly. A Routine Operations Schedule shall include all tasks required at least monthly. 10.02 The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 11.0 CONTRACTOR'S STAFF AND TRAINING 11.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 11.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, Live Scan fingerprinting and background checks on all personnel providing electrical services for this CONTRACT. In the event such fingerprinting and or/background checks reveal an item, which Carlsbad Police deems a security problem, CITY may request that such individual be removed from the list of personnel authorized to provide services to the CITY. Throughout the life of the Contract, the CITY reserves the right to require the CONTRACTOR to have fingerprinting and background checks updated or completed upon request at the CONTRACTOR’s cost. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. 11.03 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR a list of the CONTRACTOR’S staff that will work at all CITY facilities over the course of the CONTRACT. Upon satisfactorily completing the background check referenced in 10.02, CONTRACTOR’S staff may be issued a CITY RFID badge which will allow limited access to some CITY facilities during normal business hours. If the CONTRACTOR wishes to amend the list to add additional staff, the required background check must be completed and approved by the CONTRACT ADMINISTRATOR prior to any new staff members commencement of work at CITY facilities. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 12 In the event a CONTRACTOR’S employee has lost their CITY issued keys or RFID badge, the CONTRACTOR must notify the CONTRACTOR ADMINISTRATOR immediately. In the event a CONTRACTOR’S staff member, who was issued keys or an RFID badge has their employment terminated, the CONTRACTOR must notify the CONTRACT ADMINISTATOR immediately of the separation, and retrieve the CITY issued keys/RFID badge from the from the former employee. The CONTRACTOR shall return the keys/badge to the CONTRACT ADMINISTRATOR within twenty-four (24) hours of separation. Any loss, or damages to CITY facilities as a result of the CONTRACTOR’S staff misuses, or failure to report a lost badge will be at the CONTRACTOR’S expense. 11.04 The CONTRACTOR’s staff will be required to work in a semi-autonomous manner. The CONTRACTOR’s staff will be required to interact in a businesslike and professional manner with City staff and members of the public. 11.05 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. “Local” in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this CONTRACT, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR’S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7 AM. to 5 PM, Monday through Friday). 11.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 11.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of City staff, its contractors and the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR’S employees will not be detrimental to the interest of City staff, its contractors and, the public patronizing the premises. The CONTRACT DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 13 ADMINISTRATOR may at any time order any of the CONTRACTOR’S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR’S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 11.08 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR’S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR’S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 12.00 NON-INTERFERENCE - NOISE 12.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 12.02 In the event that the CONTRACTOR’S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 13.00 ASSIGNMENT OF CONTRACT 13.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 14.00 NEGOTIATED BID AND ACCEPTANCE 14.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated bid and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor’s Proposed Cost of Services chart. 14.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written bid including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR’S bid by the CONTRACT ADMINISTRATOR. This bid is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC 14 14.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 15.00 FUEL, FLUIDS AND FILTERS 15.01 The CONTRACTOR shall provide oil, coolant and all other mandatory operating fluids required to perform PREVENTATIVE MAINTENANCE. Fluids required for PREVANTATIVE MAINTENANCE are included in the BID ITEM price for each location and no other compensation shall be allowed. 15.02 The CONTRACTOR shall provide #2 Diesel Fuel (Bio Diesel and other alternative fuels shall not be allowed) to refill the generator fuel levels to the maximum level allowed by manufacturers specifications when fuel level drops below 80%. Fuel may be billed separately at the CONTRACTOR’S actual invoiced cost at the time of delivery. 15.03 The CONTRACTOR shall provide all air filters, fuel filters and oil filters required to perform PREVENTATIVE MAINTENACE. Filters required for PREVENTATIVE MAINTENANCE are included in the BID ITEM price for each location and no other compensation shall be allowed. 16. STORM WATER POLLUTION PREVENTION PLAN 16.01 The CONTRACTOR shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 15 MANNER OF PERFORMING SERVICES PART II CITY OF CARLSBAD TECHNICAL PUBLICATION GENERATOR MAINTENANCE SERVICES PREVENTATIVE MAINTENANCE FREQUENCIES AND QUALITY STANDARDS MAINTENANCE QUALITY STANDARD THEORY APPEARANCE MACHINE ROOMS GENERATOR ENCLOSURES TRANSFER SWITCHES AND ELECTRICAL ENCLOSURES SAFETY TASKS FOR GENERATOR PREVENTATIVE MAINTENANCE SERVICES ON EACH VISIT MONTHLY QUARTERLY ANNUALLY MAINTENANCE QUALITY STANDARDS MAINTENANCE THEORY Quality maintenance includes all the necessary tasks required to keep equipment in a safe and dependable operation. Scheduled routine preventative maintenance on standby power generation and transfer equipment will not only prolong the life of the equipment, but will greatly reduce the overall outlay of financial resources by both the owner and the Generator company. Eventually all equipment will wear out or be replaced by new technology. However, the Generator contractor has a responsibility to maximize the life and reliability of the equipment and safety of each facility. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 16 APPEARANCE MACHINE ROOMS: The machine rooms and equipment are to be painted, kept free of dust, lint, oil residue and debris. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of generators in the machine rooms. Oil spills shall be cleaned up immediately in accordance with acceptable BMPs and reported to the Contract Administrator. Spare parts, lubricants and wiring diagrams will be kept orderly in storage cabinets provided for the job by the service contractor. Metal rag pails with covers will be provided for the storage of clean rags only. All waste materials will be removed for the area immediately and disposed of properly. Up to date service charts, callback logs, and Safety Data Sheets will be readily accessible and protected from the elements. All chemicals must be properly labeled. Equipment room doors shall be locking, and these rooms shall be kept locked to prevent unauthorized access. GENERATOR ENCLOSURES: The outdoor generator enclosures and equipment are to be painted, kept free of dust, lint, oil residue and debris. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of generators in the enclosures. These enclosures must be kept free of debris and accumulation of storage of materials such as parts, lubricants, etc. Oil spills shall be cleaned up immediately in accordance with acceptable BMPs and reported to the Contract Administrator. All covers shall be secured in place. Cleaning these areas will be performed in accordance with the contractor’s maintenance guide. TRANSFER SWITCHES AND ELECTRICAL ENCLOSURES: The transfer switches and electrical enclosures and equipment are to be painted, kept free of dust, lint, oil residue and debris. Code authorities prohibit the storage of equipment and parts not relative to the operation and maintenance of generators in the enclosures. These enclosures must be kept free of debris and accumulation of storage of materials such as parts, lubricants, etc. All covers and accessory boxes shall be secured in place and if lockable, locked at all times. All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating panels, indicators and markings shall be maintained as installed. Defaced components will be reported to the Contract Administrator. SAFETY Safety awareness is of the utmost importance when working on standby generator equipment, not only for the mechanic and City staff but also the casual observer who may wander into a work area unannounced. Barricades, proper tools and safety equipment will be proved by the service contractor to minimize risk of exposure to danger to employees and public. Under no circumstances should work be performed in un-barricaded, open areas. If continuous work is performed, doors and enclosures shall be closed when the immediate area unattended. Strict adherence to the Lockout/Tagout procedure shall be enforced. All safety devices and circuits shall operate as intended. They shall not be overridden and must operate in compliance with applicable codes. Unsafe equipment or conditions will be corrected or reported to the proper personnel immediately. Under no circumstances DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 17 shall unsafe equipment be put into operation. The service contractor shall perform periodic checks to ensure proper operation of all safety devices. Lighting in the work areas shall be sufficient so as not to endanger maintenance personnel. Unique or adverse job conditions and deviation for the prevailing codes with respect to the workspaces or work areas shall be documented and discussed with the Contract Administrator. Environmental conditions must be suitable for the safe operation of equipment by City employees. GENERATORS / TRANSFER SWITCHES AND OTHER EQUIPMENT Generators, transfer switches and other operational apparatus will be kept clean, properly lubricated and adjusted as required; Generator sets and associated equipment shall be kept clean, free of accumulated dirt, oil, rodents, insects, birds or other deleterious contamination. All fuel lines, oil lines, batteries, or other associated fluid bearing assemblies shall be tight and leak free. All hoses, belts, mechanical devices shall be kept in proper condition. Components showing signs of deterioration shall be repaired or replaced as necessary. The service contractor is to verify that critical parts are in stock locally or shall verify access to spares for overnight delivery. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, relays and resistors showing signs of deterioration shall be repaired or replaced as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards. The service contractor is to verify that critical circuit boards and electrical components are in stock locally or shall verify access to spares for overnight delivery. All modes, programs and operations shall be maintained as originally intended, engineered, and manufactured. ROUTINE PREVENTATIVE MAINTENANCE TASKS FOR GENERATORS INITIAL • Check in with the Contract Administrator. Thoroughly inspect generators and automatic transfer switches. Note any pre-existing issues and report overall condition and suggested corrective actions to the Contract Administrator. Record all undocumented run times in the log at each visit as “emergency run time”. • Place copies of approved maintenance and repair checklists in each generator machine room or enclosure. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 18 MONTHLY • Check in with the Contract Administrator. Note and correct all complaints. • Check and record all fluid levels. Adjust as necessary. • Visually inspect all critical generator and transfer switch components for leaks, wear, arcing, improper operation, and rodent/avian or insect infestation. • Check batteries for proper electrolyte level. Adjust as necessary. • Check battery connections. Tighten connections as necessary. • Check battery charger for proper operation. • Visually examine belts for wear and check belt tension. Visually check sheaves and bushings. • Start engine and test transfer. Run generator under load for 30 minutes. • Visually inspect all components for leaks and proper operation. • Check engine protection devices and alarms. • Check all gauges for proper operation. • Visually inspect water pump for leaks. • Visually inspect all wiring and sensors. • Check fuel level. Refill tank to the maximum level recommended by manufacturer when fuel level drops below 80%. • Record all un-logged run times in the log at each visit as “emergency run time”. Completely fill in the log onsite and report findings immediately to the Contract Administrator. • Complete a monthly service report of al work performed. A copy must be kept on site and the duplicate submitted with the monthly payment invoice. Any deficiencies or recommended repairs shall be noted on the monthly service report, and a repair proposal shall be provided to the Contract Administrator within 7 days. QUARTERLY In addition to the monthly services: • Thoroughly clean machine room equipment. Wipe dust from inside and top of control panels. Sweep or mop floor. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 19 • Thoroughly clean generator enclosures (Inside and outside). Wipe dust from inside and top of control panels. Sweep or mop raised equipment pad. • Check all machine guards. Adjust and tighten as necessary. • Check bolts. Tighten as necessary. • Check belt condition and tensioning devices. Tighten as necessary. • Inspect and pressure test radiator cap and gasket. • Inspect radiator fins and coils. Clean fins and coils with air or appropriate cleaning methods that will not damage fins and coils. • Inspect and tighten water pump, alternator and crankshaft pulleys. • Inspect hoses and clamps for defects. • Inspect & clean air filter. • Drain water from all fuel water separators. • Clean crankcase breather. • Check specific gravity of battery electrolyte. Adjust as necessary. • Visually inspect fuel for contaminants or biological growth. Add biocide agent as needed. • Visually Inspect automatic transfer switch. ANNUALLY Or eleven (11) Months after Contract Award: In addition to the monthly and quarterly services: • Replace oil and filter(s). • Replace fuel filter(s). • Replace air filter(s). • Clean fuel inlet screen(s). DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 20 • Completely flush cooling system. Add anti-freeze as needed to ensure coolant meets manufacturer’s specifications. • Tighten mainline connections and check fuse sizing. • Clean fuses and fuse holders. Ascertain that the proper fuse is installed. ANNUAL LOAD BANK TESTING SERVICE (Separate Bid Item Budget) • Conduct a resistive load bank test for a minimum of one hour or as required by applicable NFPA 110 standard. ANNUAL DIESEL FUEL POLISHING SERVICE (Separate Bid Item Budget) • Conduct fuel polishing to remove all water, debris and other contaminates from diesel fuel tanks. Refill tank to maximum level recommended by manufacturer (Bio Diesel or other alternative fuels shall not be used). Add diesel fuel stabilizer and biocide. ANNUAL AUTOMATIC TRANSFER SWITCH PREVENTIVE MAINTENANCE SERVICE (Separate Bid Item Budget) • Conduct Annual Automatic Transfer Switch Preventive Maintenance Service outside of regular business hours between 6:00 a.m. to 5:00 p.m., Monday through Friday. Contractor to perform a manual functional check, lubricating and cleaning of the mechanical linkage, main contacts and interlocks between normal and alternate sources. 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. Service to be performed at the following locations Calavera Community Center, City Hall Complex, Dove Library, Faraday Building, Fire Station 1, Fire Station 3, Fire Station 5, Fire Station 6, Fleet Maintenance, Safety Center, Senior Center and Stagecoach Community Center. DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 21 Location Address Generator / Engine Fuel Automatic Transfer Switch Equipment Calavera Community Center 2997 Glasgow Drive Carlsbad, 92010 Onan 40 KW / Cummins Diesel Engine Model #4B3.9-G2 SN#4587225 #2 Diesel - 70 gal Onan OTA – 3371896 3 Phase 70 Amps City Hall Complex 1200 Carlsbad Village Drive Carlsbad, 92009 CAT 100 KW / Cat Diesel Engine Model #CAT 3116DI SN#2SG00399 #2 Diesel - 90 gal GE Zenith ZTG000A00022E 3 Phase 225 Amps Dove Library 1775 Dove Lane Carlsbad, 92011 Kohler 288 KW Model 230 RODZ / Detroit Diesel Engine Model #80637305 SN#4ZRC5509 #2 Diesel - 400 gal KOHLER K-566541-104 3 Phase 104 Amps KOHLER K-566541-400 3 Phase 400 Amps Faraday Center 1635 Faraday Ave Carlsbad, 92008 CAT 350 KW / Cat Diesel Engine Model #3406 SN#4ZRC5509 #2 Diesel - 300 gal Zenith ZTSL60FC-7 3 Phase 600 Amps Fire Station #1 1250 Carlsbad Village Drive Carlsbad, 92008 Generac 12 KW Model 95A04369-S / Generac (Mazada R2 Diesel) Model #52057 #2 Diesel - 65 gal Generac 95A04369-W 3 Phase 105 Amps Fire Station #2 1906 Arenal Road Carlsbad, 92009 Honda 5 KW Model #ES6500 Gasoline - 4 gal Manual Transfer Fire Station #3 3465 Trail Blazer Way Carlsbad, 92010 Kohler 150 KW / John Deere Diesel Engine Model #6068HF285 SN#6068L277788 #2 Diesel - 200 gal KOHLER KCS-ACWB-0400S 3 Phase 400 Amps Fire Station #4 6885 Batiquitos Lane Carlsbad, 92010 Honda 5 KW Model #ES6500 Gasoline - 4 gal Manual Transfer Fire Station #5 2540 Orion Way Carlsbad, 92010 Spectrum 35 KW / Model #30DS60 / Perkins Diesel Engine Model #30DS60 SN #391950 #2 Diesel - 100 gal Caterpillar TCD2E6PE 3 Phase 300 Amps Fleet Maintenance 2480 Impala Drive Carlsbad, 92010 Onan 40 KW / Cummins Diesel Engine Model 4B3.9-G2 SN #45845105 #2 Diesel - 70 gal Onan OTA – 3371896 3 Phase 70 Amps DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E PSA21-1401FAC City Attorney Approved Version 6/12/18 22 Equipment to be Maintained *All generator run times are not to exceed 20 hours per year for testing and preventive maintenance Safety Center 2560 Orion Street Carlsbad, 92010 CAT 300 KW / Caterpillar Diesel Engine Model #3406DIT SN #2WB03078 #2 Diesel - 500 gal Zenith ZTSL60FC-7 3 Phase 600 Amps Senior Center 799 Pine Ave Carlsbad, 92008 Onan 40 KW / Cummins Diesel Engine Model #4B3.9-G2 SN #45845093 #2 Diesel - 70 gal Onan OTB – 3371898 3 Phase 150 Amps Stagecoach Community Center 3420 Camino de los Coches Carlsbad, 92009 Onan 40 KW Model #40DGBC-3371895E / Cummins Model # 4B3.9-G2 SN #45845097 #2 Diesel - 70 gal Onan OTA – 3371897 3 Phase 70 Amps DocuSign Envelope ID: B944DE20-7A5B-48CD-94C0-DD53C4B3EB0E © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2524712 4/16/2020 Willis of Greater Kansas City Inc.844-290-49085700 W 112th Street, Ste. 100 Overland Park, KS 66211 BBSIcerts@locktonaffinity.com Ace American Insurance Co.22667 Barrett Business Services, Inc.L/C/F GLOBAL POWER GROUP, INC.12060 WOODSIDE AVELAKESIDE, CA 92040 A X C66396460 5/1/2020 5/1/2021 X 2,000,000 2,000,000 2,000,000 Policy State = CA Blanket Waiver of Subrogation in favor of certificate holder when requred by written contract 30 day notice of cancellation provided when possible. City Of Carlsbad/CMWD C/o EXIGIS Insurance Compliance ServicesP.O. Box 4668 - ECM #35050New York, NY 10163-4668 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Policy Number Symbol: Number: Policy Period TO Effective Date of Endorsement Issued By (Name of the Insurance Company) Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization: ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3. Premium: The premium charge for this endorsement shall be percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Minimum Premium: _______________________________________ Authorized Agent WC 99 03 22 Barrett Business Services, Inc. L/C/F GLOBAL POWER GROUP, INC. 12060 WOODSIDE AVE LAKESIDE, CA 92040 C66396460 5/1/2020 5/1/2021 5/1/2020 Ace American Insurance Co. X INCLUDED INCLUDED