HomeMy WebLinkAboutDuthie Electric Service Corporation dba Duthie Power Services; 2021-08-31; PSA22-1560UTILPSA22-1560UTIL
General Counsel Approved Version 6/12/18 1
AGREEMENT FOR GENERATOR PREVENTATIVE MAINTENANCE SERVICES DUTHIE ELECTRIC SERVICE CORPORATION DBA DUTHIE POWER SERVICES
THIS AGREEMENT is made and entered into as of the _____________________ day of
_________________________________, 2021, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Duthie Electric Service Corporation, a California
corporation dba Duthie Power Services, ("Contractor”). RECITALS CMWD requires the professional services of a consultant that is experienced in generator
preventative maintenance. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement.
2. TERM This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION The total fee payable for the Services to be performed will be five thousand dollars ($5,000). No
other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit “A.” 4. 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.
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5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD 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, 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 CMWD incurs or makes to or on behalf of an injured employee under the CMWD’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. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD.
The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD’s execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD For Contractor
Name Andrew Wilson Name Kyle Michael
Title Utilities Supervisor Title Sales Engineer
Carlsbad Municipal Water District Address 2335 E. Cherry Industrial Circle
Address 5950 El Camino Real Long Beach, CA 90805
Carlsbad, CA 92008 Phone 562-743-5540
Phone 760-802-5720 E-mail kyle@duthiepower.com
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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.
9. 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
10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement.
13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of CMWD.
15. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. ///
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16. 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 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911,
and a Subsidiary District of the City of Carlsbad
DUTHIE ELECTRIC SERVICE CORPORATION, a California corporation dba DUTHIE POWER SERVICES
By: By:
(sign here) Vicki V. Quiram, General Manager, as authorized by the Executive Manager
Erik Duthie, Vice-President
(print name/title)
By:
(sign here)
(print name/title)
If required by CMWD, 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, General Counsel By: _____________________________ Assistant General Counsel
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor to provide preventative maintenance services for two auxiliary power generators.
DESCRIPTION
QUANTITY
UNIT PRICE EXTENDED
PRICE
Outdoor portable MultiQuip, Isuzu model BB-4JG1T, 5950 El Camino Real
35 KW, October 2021, April, July 2022 3 $250.00 $750.00
35 KW, January 2022 1 $503.66 $503.66
Indoor Cummins, model KTA19G3, 5200 Sunny Creek Rd.
450 KW, January 2022 1 $751.10 $751.10
ATS transfer test with annual service 1 $120.00 $120.00
450 KW, October 2021, April, July 2022 3 $275.00 $825.00
Annual 2-hour load test with a quarterly service 1 $850.00 $850.00
SUBTOTAL $3,799.76
Extra Work – all services and parts needed beyond this listed scope of work REQUIRES a quote and prior approval by CMWD project manager or his designee before proceeding with the work, parts or service $700.24
Extra Work – CMWD project manager will determine and schedule when a 2-hour load test with a quarterly service is needed for the outdoor portable MultiQuip, Izuzu model BB-
4JG1T at 5950 El Camino Real 1 $500.00 $500.00
TOTAL*
$5,000*
*Includes taxes, fees, expenses and all other costs. Notes: CMWD responsible for Contractor’s access to CMWD yard and Maerkle Reservoir sites.
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Notes Continued:
Contractor’s responsibilities:
• Warranty(s): one year on labor and Contractor to extend manufacturers’ warranty(s) on materials used.
• Safely and responsibly remove hazardous wastes (lube oil, anti-freeze, fuel, etc.) for proper disposal.
• Provide detailed service report form after each scheduled service. Contractor’s Services: SEMI ANNUAL SERVICE (QUARTERLY OR SEMIANNUAL) 1. Check fuel and oil levels. Check for leaks. Add oil as required for safe engine operation. 2. Inspect air cleaner elements. Clean as required. Inspect crankcase breathers and note any excessive blow-by. 3. Inspect turbocharger rotation and end play. 4. Inspect hoses for security, brittleness, cracking, leaks and weakness. Check all hose clamps and tighten as required. 5. Inspect fan and alternator belts for proper tension and condition. Adjust as required. 6. Inspect day tank, piping, motors and levels. Check for leaks. Service fuel/water separators.
7. Inspect batteries, cables and lugs for tightness. Clean battery and fill cells as required. Record battery cells specific gravities. Check for correct electrolyte level. Record DC voltage power supply. Inspect battery charger.
8. Inspect engine control panel for loose connections. Tighten as required. 9. Inspect jacket water heater for correct operation. 10. Inspect water pump for leaks and/or unusual noises.
11. Inspect governor and engine controls. Inspect controls and linkage for proper operation. Add lube oil as necessary. 12. Test all engine safety shutdown pre-alarms and alarms. 13. Inspect radiator for leaks and clogged fins. Check cooling system anti-freeze and Nalcool protection. Add water as required for safe engine operation. 14. Start engine and warm up. Record operation. Adjust RPM as required. Check for fluid leaks. Check all instruments for proper operation. ANNUAL SERVICE (INCLUDES STEPS LISTED UNDER SEMI ANNUAL SERVICE PLUS:) 1. Change oil and oil filters at 200 service meter hours or yearly. 2. Take oil sample for analysis.
3. Change fuel filters at 200 service meter hours or yearly. 4. Inspect junction box for loose connections. Tighten as required. 5. Inspect generator brushes for proper setting and clean slip rings. Lubricate generator
bearings. 6. Inspect and clean generator exciter and regulator. Check for loose connections. ADDITIONAL STEPS INCLUDED FOR GAS UNITS DURING ANNUAL SERVICE 1. Clean and adjust spark plugs. 2. Clean and adjust ignition condensers and points. Check timing and set when necessary.
3. Inspect distributor cap rotor for cracks, corrosion, and wear. 4. Inspect ignition wires for cracks, insulation breakdown, and corrosion.
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ADDITIONAL SERVICES PERFORMED AT CUSTOMER’S REQUEST AT ADDITIONAL COST
1. Change anti-freeze, yearly. 2. Load bank test or test run under load with customers connected load. 3. Test automatic transfer switch. Check automatic transfer switch for proper operation and
clean as required. 4. Fuel scrubbing (cleaning). 5. Instruct owner’s personnel on operating procedures and upkeep between regular service calls. Annual Auto Transfer Switch Maintenance: The automatic transfer switces (ATS) will receive an annual maintenance service. NOTE: POWER TO SWITCH NEEDS TO SHUT OFF APPROXIMATELY TWO TO THREE
HOURS TO SERVICE UNLESS AUTO TRANSFER SWITCHES ARE ISOLATION BYPASS TYPE.
I. MAINTENANCE WORK PROCEDURES: • Complete visual and mechanical inspection. • Inspect for Physical damage, anchorage and grounding. • Clean, lubricate and inspect transfer mechanism, check alignment and manually operate in accordance with manufacturer’s instructions. • Check switch to ensure positive interlock between normal and alternate sources. • Check bypass and isolation features, if applicable. • Check tightness of all de-energized cable connections and bus and joints. • All arc chutes & pole covers are removed and cleaned. Main current carrying contacts inspected for wear. • Inspect Solid State Controls for cleanliness and serviceability.
• Control wiring is inspected, and all electrical connections checked for tightness. II. ELECTRICAL TESTS:
• Perform contact resistance tests with switch in both source positions. • Monitor and verify correct operation and timing for the following:
• Normal voltage sensing relays, if any.
• Engine start sequence.
• Time delay upon transfer.
• Alternate voltage sensing relay.
• Automatic transfer operation.
• Interlocks and limit switch function. • Timing delay and retransfer upon normal power restoration.
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