2013/04/09 City Council Resolution 2013-064RESOLUTION NO. 2013 -064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AWARDING THE CONTRACT FOR GENERATOR MAINTENANCE, LOAD
TESTING AND REPAIRS TO LEETE GENERATORS
WHEREAS, the City currently has ten (10) standby generators located throughout the
City at various well sites, pump stations and Public Safety Fire Stations that require annual
maintenance, load testing and repairs; and
WHEREAS, these standby generators are critical to City operations in that they provide
back -up power to keep pumps, wells and fire stations operating so that critical resources, such as
water, are readily available when needed; and
WHEREAS, proposals were solicited by the City Council for Generator Maintenance,
Load Testing and Repairs; and
WHEREAS, two (2) proposals were received by the City Manager and reviewed with the
City Council; and
WHEREAS, contract period will be for three (3) years, beginning May 1, 2013 through
April 30, 2016, and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the contract of the aforementioned Generator
Maintenance, Load Testing and Repairs to the most responsive bidder, compatibility and other
factors considered, to wit:
Annual Annual Load Repairs/
Contractor Name Maintenance Testing Extra Work
Leete Generators $4,620.00 $5,060.00 $125.00/hr
Santa Rosa, CA
Total cost of a three year contract is $29,040.00. Contract pricing does not include necessary
repairs, which are billed on an as needed basis.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 9th day of April 2013.
oAnne Buergler, City Clerk
CITY OF ROHNERT PARK
Pain Stafford, Mayor
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City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the 9th day of April, 2013 , by and between the
CITY OF R01 NERT PARK ( "City "), a California municipal corporation, and Leete Generators
( "Contractor "),
Recitals
WHEREAS, City desires to obtain generator maintenance, load testing and repair services
in connection with a Generator Maintenance; and
WHEREAS, Contractor hereby warrants to the City that Contractor is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Contractor pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his /her designee, shall represent City for all
purposes under this Agreement. The Public Works Department is hereby designated as the
Project Manager. The Project Manager shall supervise the progress and execution of this
Agreement.
B. Contractor. The Contractor shall assign Leete Generators to have overall
responsibility for the progress and execution of this Agreement for Contractor.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Contractor shall perform the services set
out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference.
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B. Time of Performance. The services of Contractor are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. The services of Contractor are to be completed during the
contract term. Contractor shall perform its services in accordance with the schedule attached
hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in either
this Section 3 or Exhibit A must be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of Contractor
as a material inducement to entering into this Agreement. All work performed by Contractor
under this Agreement shall be in accordance with all applicable legal requirements and shall
meet the standard of quality ordinarily to be expected of competent professionals in Contractor's
field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Contractor, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. However, in no event shall
the amount City pays Contractor exceed twenty -nine thousand and forty dollars ($29,040.00),
repair work to be billed as needed. Payment by City under this Agreement shall not be deemed a
waiver of unsatisfactory work, even if such defects were known to the City at the time of
payment.
Timing of Payment. Billing for said services shall be made once at the conclusion of
the work and submittal of the records and any appropriate report. City shall review Contractor's
billing statement and pay Contractor for services rendered within 45 days of receipt of a complete
billing statement that meets all requirements of this Agreement.
Changes in Compensation. Contractor will not undertake any work that will incur
costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment to this
Agreement.
B. Taxes. Contractor shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Contractor.
C. No Overtime or Premium Pay. Contractor shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non - standard business hours, such as in the evenings
or on weekends. Contractor shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Contractor shall not receive paid time off for days not worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
D. Litigation Support. Contractor agrees to testify at City's request if
litigation is brought against City in connection with Contractor's work product. Unless the
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action is brought by Contractor or is based upon Contractor's negligence, City will compensate
Contractor for the preparation and the testimony at Contractor's standard hourly rates, if
requested by City and not part of the litigation brought by City against Contractor.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Contractor. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Contractor shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Contractor to secure City's
written authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties and
shall continue in full force and effect until completed, amended pursuant to Section 21, or
otherwise terminated as provided herein.
7. Inspection. Contractor shall furnish City with every reasonable opportunity for
City to ascertain that the services of Contractor are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Contractor of any of its obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Contractor under the Agreement shall be vested in City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained under the Agreement shall be made available, upon request, to City without
restriction or limitations on their use. Contractor may retain copies of the above - described
information but agrees not to disclose or discuss any information gathered, discussed or
generated in any way through this Agreement without the written permission of City during the
term of this Agreement, unless required by law.
9. Employment of Other Contractors, Specialists or Experts. Contractor will not
employ or otherwise incur an obligation to pay other Contractors, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. Contractor covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Contractor's performance of services under this Agreement, or be
affected in any manner or degree by performance of Contractor's services hereunder. Contractor
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Contractor agrees to at all times avoid conflicts of interest, or the
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appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Contractor is not a designated employee within the meaning of the
Political Reform Act because Contractor:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Contractor or otherwise in the event of any default or breach of the City, or for any amount which
may become due to Contractor or any successor in interest, or for any obligations directly or
indirectly incurred under the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, Contractor hereby agrees to
defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its
officers, elected officials, employees, agents, and volunteers from and against any and all claims,
demands, damages, costs, liabilities, or obligations brought on account of or arising out of any
acts, errors, or omissions of Contractor, its officers, employees, agents, and subcontractors
undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful
misconduct of City. The City has no liability or responsibility for any accident, loss, or damage
to any work performed under this Agreement whether prior to its completion and acceptance or
otherwise. Contractor's duty to indemnify and hold harmless, as set forth herein, shall include
the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation
is not limited in any way by any limitation on the amount or type of damages or compensation
payable by or for Contractor under Worker's Compensation, disability or other employee benefit
acts or the terms, applicability or limitations of any insurance held or provided by Contractor and
shall continue to bind the parties after termination /completion of this agreement. This
indemnification shall be regardless of and not in any way limited by the insurance requirements of this
contract. This indemnification is for the full period of time allowed by law and shall survive the
termination of this agreement.
13. Contractor Not an Agent of City. Contractor, its officers, employees and agents
shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Contractor, in the performance
of the work and services agreed to be performed by Contractor, shall act as and be an
independent contractor and not an agent or employee of City; and as an independent contractor,
Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Contractor hereby expressly waives any claim it may have to any such rights.
15. Compliance with Laws.
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A. General. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Contractor represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Contractor to practice its profession. Except as
otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have
acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the
Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the
Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is
not responsible or liable for Contractor's failure to comply with any or all of the requirements
contained in this paragraph.
B. Workers' Compensation. Contractor certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and Contractor certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. Contractor and Contractor's subcontractors (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D. Iniury and Illness Prevention Program. Contractor certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for Contractor's
failure to comply with any and all of its requirements under this section and Agreement.
F. Waiver of Subrogation. Contractor and Contractor's insurance company
agree to waive all rights of subrogation against City, its officers, elected officials, employees,
agents and volunteers for losses paid under Contractor's workers' compensation insurance policy
which arise from the work performed by Contractor for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Contractor in performance of this Agreement are confidential and
not to be disclosed to any person except as authorized by the City, or as required by law.
17. Assignment;. Subcontractors; Employ
A. Assi ng ment. Contractor shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
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B. Subcontractors; Employees. Contractor shall be responsible for employing
or engaging all persons necessary to perform the services of Contractor hereunder. No
subcontractor of Contractor shall be recognized by the City as such; rather, all subcontractors are
deemed to be employees of the Contractor, and Contractor agrees to be responsible for their
performance. Contractor shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Contractor fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
18. Insurance. Without limiting Contractor's indemnification provided herein,
Contractor shall comply with the requirements set forth in Exhibit C to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon 5 -days' written notice to Contractor.
B. If Contractor fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this Agreement
immediately upon written notice. In such event, Contractor shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred hereunder, an amount
which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Contractor bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
Contractor.
C. In the event this Agreement is terminated by City without cause,
Contractor shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Contractor
shall turn over to the City Manager immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared by Contractor or its
subcontractors, if any, or given to Contractor or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Contractor,
however, shall not be liable for the City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Contractor to perform any provision of
this Agreement. Contractor will be paid for satisfactory Services performed through the date of
temporary suspension.
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21. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and Contractor and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Contractor. All provisions of
this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth below. Either party may change its
address by notifying the other party of the change of address. Notice shall be deemed
communicated within 72 hours from the time of mailing if mailed as provided in this section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Contractor: Leete Generators
3360 McMaude Place
Santa Rosa, CA 95407
26. Contractor's Books and Records.
A. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
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upon, the records shall be available at Contractor's address indicated for receipt of notices in this
Agreement.
C. The City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and documents be
maintained in the City Manager's office.
27. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
28. Equal Employment Opportunity. Contractor is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Contractor will not discriminate against any employee or applicant for employment
because of race, age, sex, creed, color, sexual orientation, marital status or national origin.
Contractor will take affirmative action to ensure that applicants are treated during such
employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or
national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay -offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Contractor further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than the Contractor.
30. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
31. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
32. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
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when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
34. News Releases /Interviews. All Contractor and subcontractor news releases,
media interviews, testimony at hearings and public cornment shall be prohibited unless expressly
authorized by the City.
35. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
36. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
37. STATEMENT OF ECONOMIC INTEREST. If City determines Contractor
comes within the definition of Contractor under the Political Reform Act (Government Code
§87100), Contractor shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Contractor and /or such other person's financial interests.
IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK CONTRACTOR
By:
City Manager
Date:
Per Resolution No. 2013- adopted by the Rohnert
Park City Council at its meeting of April 9, 2013.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
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By: _
Title:
Date:
CONTRACTOR
By:
Title:
Date:
EXHIBIT A
Scope of Work and Schedule of Performance
SPECIAL PROVISIONS & SPECIFICATIONS
PURPOSE: Provide maintenance, load testing and repairs of miscellaneous generators
throughout the City of Rohnert Park.
SCOPE OF ESTIMATED WORK: This Request for Sealed Proposals is for a three (3) year
contract that includes the engine maintenance, load testing and all electrical components of the
following generators:
1. Public Safety Main Station, 500 City Hall Dr., Generac 250 KW
2. Sewer Lift Station, 201 J. Rogers Lane, ONAN 600 KW
3. Sewer Lift Station, 201 J. Rogers Lane, CAT 250 KW
4. Water Tank 45, 4999 Snyder Lane, ONAN 180 KW
5. Public Safety Northern Station, 5200 Country Club Dr., Kohler 50 KW
6. Tank #6, 1230 Maple Ave., 43 KVA Detroit Spectrum
7. Tank #7, 599 Martin Ave., 69 KVA Detroit Spectrum
8. Well 1, 600 Enterprise Drive, 35 KW Dayton Generac
9. Southern Station, 1316 Maurice Avenue, 12 KW Generac
10. Sewer Lift Station #3, 8661 Camino Colegio, Kohler 60 KW
RESPONSIBILITY OF CONTRACTOR: The following are the minimum functions to be
performed:
Check engine performance and perform general PM service to include:
1. Change oil.
2. Change all filters (oil, fuel, air and water if one is present).
3. Check all electrical wiring, connections, etc., and make sure all electrical /electronic functions
are performing correctly.
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4. Load test the generator.
ADDED WORK: To be approved by City's Project Manager:
Inform Public Works Senior Equipment Mechanic, in writing, of the general condition of the
generator. All added work must be pre- approved by City. Added work includes but is not
limited to, replacing batteries, battery charger, replace water heating unit, exhaust system leaks,
oil leaks, defective or worn belts or hoses and the condition of engine coolant, or any other
repairs deemed necessary and approved by the City's Project Manager.
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EXHIBIT B
Compensation
(See Attached)
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EXHIBIT C
INSURANCE REQUIREMENTS for Contractor Services Agreement
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in
conformance with the requirements set forth below. Contractor will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. Limits are subject to review
but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol I (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If Contractor or Contractor's
employees will use personal autos in any way on this project, Contractor shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverage's. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self - insured retention for liability not covered by primary but covered by the
umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition
to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is
determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to
City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
[ 13]
1208604v1 80078/0012v2012 -09
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Best's rating ofA- or better and a minimum financial
size VII.
General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City
agree to the following with respect to insurance provided by Contractor.
1. Contractor agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insured's the City, its officers, elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Contractor also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor,
or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss.
Contractor agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
5. None of the coverage's required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so- called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Contractor shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverage's required and an additional insured endorsement to Contractor's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
[ 14]
1208604v1 80078/0012x2012 -09
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Contractor or deducted from sums due Contractor, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation
of coverage. Contractor agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply
with the requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to City.
11. Contractor agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Contractor, provide the same minimum insurance
coverage required of Contractor. Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Contractor agrees not to self - insure or to use any self - insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self - insure its obligations to City. If
Contractor's existing coverage includes a deductible or self - insured retention, the deductible or
self - insured retention must be declared to the City. At that time the City shall review options with
the Contractor, which may include reduction or elimination of the deductible or self - insured
retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
[ 15]
1208604v] 80078/0012x2012 -09
17. Contractor shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate
of insurance and /or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration of the
coverage's.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other- requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this
Section.
22. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Contractor for the cost of additional
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
[ 16]
1208604vl 80078/0012v2012 -09
CERTIFICATE OF CONTRACTOR
I HEREBY CERTIFY that I am the and a
duly authorized representative of the firm of
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above Contractor) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
ernploy or retain the services of any firm or person in connection with
carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above Contractor) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
[171
1208604vl 80078/0012v2012 -09
City of Rohnert Park
man
Generator Maintenance P c 1 1014, ..,;
2013 -2016
3360
McMaude Place • Santa Rosa, CA 95407si
a
Pb: 800- 649 -0484 • Fax.' 707-545-8930
n� ',�
rnC�
Attachment "A — Option
One"
bW��
Bid Proposal/Contract for Generator Maintenance
�' }
I ppol
The undersigned contractor hereby agrees to provide all labor, materials, tools and equipment necessary for maintenance,
load testing and repairs
of miscellaneous generators. The following
prices should be in accordance
with terms,
conditions
and work specifications contained herein:
Annual Load
Annual Load
City Generator
Annual Engine Testing
Testing
Account
Equipment
Locations
Maintenance Two -Hour
One -Hour
number
ID
_
Public Safety Main,
500 City Hall Dr.
$695 $635
$525
2510 -5310
SG -3
Generac 250kW
Sewer Lift Station,
201 J. Rogers Lane
$1200 $1000
$890
7200.5310
SG -2
Onan 600kW
Sewer Lift Station,
201 J. Rogers Lane
$550 $560
$430
7200 -5310
SG -1
CAT 250kW
Water Tank #5,
4999 Snyder Lane
$525 $510
$400
7100 -5310
SG -6
Onan 180kW
Public Safety Northern
Station
5200 Country Club Dr.
$300 $400
$290
2600 -5310
SG -5
Kohler 50kW
Tank #6
1230 Maple Ave,
43 KVA Detroit
$300 $400
$290
7100-5310
SG 10
Spectrum
Tanks #7
599 Martin Ave,
$300 $400
$290
7100 -5310
SG -11
69 KVA Dayton Generac
Well 1
600 Enterprise Dr,
$255 $400
$290
7100 -5310
PG -7
35kW Dayton Generac
Southern Station
1316 Maurice Ave.
$175 $355
$245
2610 -5310
SG -4
Generac 12kW
Sewer Lift Station #3
8661 Camino Colegio
$320 $400
$290
7200 -5310
SG -12
Kohler 60kW
Total Annual Cost:
" $4,620 $5,060
$3,940
Repairs /Extra Work Hourly
Rate: $125
City of Rohnert Park
MM Generator Maintenance Proposal
2013 -2016
66th ►c viallri� Place is 11 Rosa, CA 9�,4c37
Ph: Soo- 649 -0484 • Fax: 707-545 -8930
Bid Proposal /Contract for Generator Maintenance
A parts list with estimated prices must be submitted to the City's Purchasing Department at the
beginning of each contract year.
LOCAL VENDOR PREFERENCE CLAIMED: YES X NO
(See LOCAL VENDOR PREFERENCE, in GENERAL PROVISIONS and attach copy of your City
Business License.)
WILL YOU, AS SUCCESSFUL BIDDER, EXTEND THE PRICES OFFERED IN THIS BID PROPOSAL
TO OTHER CITY, COUNTY AND /OR OTHER GOV%NMENTAL AGENCIES?
YES NO t�E'� tO b� ekeP_MjOeC� be L)f) t 'Sl 2,e. }1CN 1
CONTRACT PERIOD: Proposal to cover a three -year (3) period beginning March 1, 2013 and ending
February 28, 2016.
Proposal Announcement Date: February 5, 2013
Proposal Due Date: February 21, 2013, no later than 10:00 a.m.
City of Rohnert Park,
Attn: Angie Smith Purchasing Agent
130 Avram Avenue, Rohnert Park, CA
In compliance with the above, the undersigned offers and agrees, if this Bid Proposal is accepted,
within sixty (60) days from date of opening, to furnish any or all of the above items upon which prices
are offered at the price set opposite each item, delivered at the designated point(s) within
percent, 10 calendar days; /W 20 calendar days; percent, 30 calendar days.
Name and Address of Bidder: nature f Person m orized to Sign:.
U A-It7t�
Leete Generators
3360 McMaude PI Santa Rosa CA 95407 -8120 ContactorVicense No, 657760
Phone Number:
707- 545 -0484 or 800 - 649 -0484
Date of Bid Proposal: 2/21/13
Please Type Signer's Name and Title
Joe Netter, V.P. of Operations