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HomeMy WebLinkAboutContracts & Agreements_129-2020NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of generator repair service and preventative maintenance ( `Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and On Power Industries ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contamed herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 Effective July 1, 2020, City hereby engages Contractor to perform generator repair service and preventative maintenance services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor m performing the Services 3 2 City designates Christopher Boatman, Facilities and Community Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing wntten notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any 1 L Icaldjm\Agreements\On Power Industries Agreement NPS 2 1 doe jn Extended Tenn The Initial Term and the herein as the "Term" of this Agreement 4 2 If Contractor's Services include deliverable materials shall be delivered m a form, and City Council adopted policy for the same obtain a copy of such policy from City staff NPS -2 1 (2/26/20) Extended Terms are collectively referred to electronic visual presentation materials, such made available to the City, consistent with It shall be the obligation of Contractor to ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the first Extended Term, and Thirty Thousand Five Hundred Thirty Dollars ($30,530) for the second Extended Tenn, bringing the total possible amount of compensation to a not -to -exceed amount of Ninety One Thousand Five Hundred Ninety Dollars ($91,590) For the Initial Term and each Extended Term, City shall pay Contractor on a time and matenals basis up to the not to not -to -exceed amount m accordance with the rates specified in Exhibit "B," titled "Pnce and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed dunng the preceding month Contractor's invoices shall mclude a bnef description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's mvoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery m person, (n) five (5) days after deposit in first class registered mail, with return receipt requested, (in) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropnate address set forth below, or such other address as a Party may provide notice m accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L 1ca\djm\AgreementslOn Power Industries Agreement NPS 2 1 doc jn Contractor Andrew Clapp Owner On Power Industries 1451 Road Runner Drive Corona, CA 92881 Andrew@onpowenndustnes com (951) 395-0408 NPS 2 1 (2/26/20) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractoi for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance pnor to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City m the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contnbutmg to any insurance or self insurance maintamed by City C Busmess Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-msurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, ansmg from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 - CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest m any real property that may be the subject of this Agreement or any other source of income, interest m real property or investment that would be affected m any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that m the performance of its duties hereunder, no person havmg any such mterest shall perform any Services under this Agreement 3 L•1caldjm\Agreementsl0n Power industries Agreement NPS 2 1 doe in NPS 2 1 (2/26/20) 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (i) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, m that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified m City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Comimssion Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the wntten mstructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wntten consent may, m the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City m any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 4 L1ca\djm'Agreementslon Power industries Agreement NPS 2 1 doc jn NPS -2 1 (2/26/20) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior wntten notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summanes and such other information and materials as may have been accumulated by Contractor m performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, mcludmg the Exhibits incorporated herem by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any pnor negotiations, wntten proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herem, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depnve a Party of a matenal benefit of its bargain under this Agreement 5 LIca\djm1AgreementslOn Power Industries Agreement NPS 2 1 doc.in Firefox about blas NPS -2 1 (2126/20) IN WITNESS WHEREOF, duly authonzed representatives of City and Contractoi have signed m conformation of this Agreement CITY OF REDLANDS ON POWER 1 i STRIES By Paul W Foster, Mayor Andrew C pp, Owner ATTEST e Donaldson City Clerk 6 L.tcedjm\Agreements\On Power Industries Agreement NPS--2.4.doc..in Fof11 h/A,/WW1 Qd76 NPS 2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES These services include but are not limited to performing complete mechanical and electrical repairs, PM A, PM B, 2 hr load bank testing, and after hours emergency response repair services PM SERVICES SCOPE OF WORK *PM A Service will include. • Check air filters • Check condition of hoses, clamps, lines & fittings • Check & adjust belts • Load test batteries & check condition of cables and chargers Check block heater • Check level and condition of coolant • Check for oil/coolant Teaks • Check for worn or damaged components • Check operation of control panel • Check ATS control panel for alarms • Check operation of engine & generator • Check for active fault codes, warning lights • Grease fan hub if needed • Grease generator beanng (If needed) • Take fuel samples from tanks • Advise City of all additional needed repairs *PM B Service will include. • Check air filters • Check condition of hoses, clamps, lines & fittings • Check & adjust belts • Load test batteries • Check condition of battery cables and charger • Check engine block heater • Check level and freeze protection level of coolant • Check for fluid leaks • Check for worn or damaged components • Check for operation of control panel • Check ATS control panel for alarms • Check operation of engine & generator • Check for active fault codes and warning lights • Grease fan hub (If needed) • Grease generator beanng (If needed) • Change engine oil • Change oil filter(s) • Change fuel filter(s) • Change fuel/water separator (If applicable) • Change coolant filter (If applicable) 7 L 1caldjm\AgreemtntslOn Power Industries Agreement NPS 2 1 doc.jn NPS -2 1 (2/26/20) • Take oil and coolant samples for laboratory analysis • Take fuel samples from tanks to check for debris • Advise City of all additional needed repairs 2 hour Load Bank Test Procedure will include • Travel to and from site • Transport load bank and cables • Test generator using resistive load bank at 25% of nameplate rating for 30 minutes, followed by 50% of nameplate rating for 30 minutes, followed by 75% of nameplate rating for 60 minutes for a total of 2 continuous hours After hours emergency response. • Repairs to stationary generators due to failures preventing start up, not generating power, and failure to switch over to building • Call back response in 1 hour or less • On-site within 3 hours • After proposers normal weekday hours • All hours on weekends (Friday — Sunday) • All hours over holidays 8 L Icaldjm\AgreementslOn Power lndustnes Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) EXHIBIT "B" (Price and Fee Bid) 9 L Ica\djm\AgreementslOn Power Industries Agreement NPS 2 1 doe in On Power Industries LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 1 Crafton College (trailer) 11711 San Canyon Rd 300 KW Generator PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 625 00 2 hr load bank 2 hrs Once a year $ 525 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 1 subtotal $ 1,460 00 LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 2 Fire Station #1 525 E Citrus 84KW Generator 225 AMP ATS PM -A Manor Once a year $ 450 00 PM -B Major Once a year $ 870 00 3 Fire Station #2 1716 Garden St 2 hr load bank 2 hrs Once a year $ 790 00 Fuel Tank Dipping /Samples Twice a year $ 170 00 Locations 2 & 3 Subtotal (totals x 2 locations) $ 2,280 00 LOCATION(S) EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 4 Fire Station #3 10 W Pennsylvania 15KW Generator 105 AMP ATS PM -A Minor Once a year $ 450 00 PM -B Major Once a year $ 770 00 5 Fire Station 114 1270 W Park Ave 2 hr load bank 2 hrs Once a year $ 610 00 Fuel Tank Dipping /Samples Twice a year $ 170 00 Locations 4 & 5 Subtotal (totals x 2 locations) $ 2,000 00 9 L Ica\djm\AgreementslOn Power Industries Agreement NPS 2 1 doe in NPS 2 1 (2/26/20) 10 L lealdjmlAgreementslOn Power Industnes Agreement NPS 2 1 doc.jn LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 6 Henry Tate Water 3050 Mill Creek 325 KW Generator 150 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 700 00 2 hr load bank 2 hrs Once a year $ 750 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 6 Subtotal. $ 1,760 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 7 Highland Water Co 955 Parkford Dr 400 KW Generator 600 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 700 00 2 hr load bank 2 hrs Once a year $ 750 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 7 Subtotal: $ 1,760 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 8 Hinkley Water Treatment 1604 Crafton Ave 200 KW Generator ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 585 00 2 hr load bank 2 hrs Once a year $ 525 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 8 Subtotal. $ 1,420 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 9 Police Station Bldg #C 1270 W Park Ave 100 KW Generator 400 AMP ATS PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 525 00 2 hr load bank 2 hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 10 L lealdjmlAgreementslOn Power Industnes Agreement NPS 2 1 doc.jn NPS 2 1 (2/26/20) 11 L Icaldjm\Ag'eements\On Power Industries Agreement NPS 2 1 doc.in Location 9 Subtotal: $ 1,260 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 10 City Corporate Yard 1270 W Park Ave 125 KW Generator PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 525 00 2hr load bank 2hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 10 Subtotal. $ 1,260 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 11 City Corporate Yard Fuel Island 1270 W Park Ave 75 KW Generator 30 AMP ATS PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 475 00 2 hr load bank 2 hrs Once a year $ 425 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 11 Subtotal $ 1,210 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 12 Waste Water Treatment Plant (trailer) 1950 Nevada St 450 KW Generator 450 KW Generator 450 KW Generator PM -A Mmor Once a year $ 675 00 PM -B Major Once a year $ 2,295 00 2 hr load bank 2 hrs Once a year $ 1,980 00 Fuel Tank Dipping /Samples Twice a year $ 255 00 Location 12 Subtotal (totals x 3 generators) $ 5,205 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 13 Waste Water Treatment Plant (trailer) 1950 Nevada 1100 KW Generator PM -A Mmor Once a year $ 225 00 PM -B Major Once a year $ 1,380 00 2 hr load bank 2 hrs Once a year $ 1,260 00 11 L Icaldjm\Ag'eements\On Power Industries Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) 12 L 1caldjmlAgreemcnts\On Power Industries Agreement NPS 2 1 doc jn St Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 13 Subtotal: $ 2,950 00 LOCATION EQUIP DESCRIPTION TYPE OF SERVICE SERVICE INTERVAL TOTAL 14 Data Center 1270 W Park Ave 125 KW Generator PM -A Minor Once a year $ 225 00 PM -B Major Once a year $ 485 00 2 hr load bank 2 hrs Once a year $ 485 00 Fuel Tank Dipping /Samples Twice a year $ 85 00 Location 14 Subtotal. $ 1,280 00 ADDITIVES SERVICE INTERVAL ESTIMATED QTY TOTAL 15 Rental rate for generator 75 0 DYB-15R (include delivery & hookup fee) per week Weekly Rental One Week $ 985 00 16 Emergency call out rate Hourly Rate 20 hrs per year $ 2,100 00 (hourly rate x 20) 17 Replacement parts Bid on your parts mark-up percentage (i e 5%, 10 % ) Example of calculating the bidder's total amount If a bidder's mark-up is 5% the total price of 53,150 will be placed in the "total" column Example. (S3,000 x 5% = S150 + S3,000 = S3,150) $3,000 p/year $ 3,600 00 Additives #15, #16 & #17 Subtotal $ 6,685 00 Grand Total (add Subtotals #1 to #17) $ 30,530 00 12 L 1caldjmlAgreemcnts\On Power Industries Agreement NPS 2 1 doc jn Firefox about bk. NPS 21 (2/26/20) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employee except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securnig from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employee, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that inay become due to his or her employees CHECK ONE II am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be Insured against liability for Workers' Compensation or to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) 1 afrnr that at all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any tune, if I employ any person such that 1 become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and represent. is made m this certificate are true and correct ON POWE IND STRIES By Andres app, Owner 13 L oaldim\Agreements\On Power Industries Agreement NPS 2.i.doejn Date 11 of11 F'Anton 041 1