Item 3 - Award of Agmt. to Bay City Equipment Industries Inc. dba Bay City Electric Works for Generator and Switchgear Maint. Svc, RFP 21-031August 3, 2021, Item #3,., l.,1' I ' ·~-.: ~~+' Hf ' DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway August 3, 2021 Honorable Mayor and Members of the City Cou~cil Eric Heidemann, Director of Public Works f CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities 1'\)\' · (858) 668-4750 or tdepriest@poway.org ~ Will Wiley, Assistant Director of Public Works for Maintenance Operatio / (858) 668-4705 or wwiley@poway.org Award of Agreement to Bay City Equipment Industries Inc. dba Bay City Electric Works for Generator and Switchgear Maintenance Services, RFP No. 21-031 A Request for Proposals (RFP) for Generator and Switchgear Maintenance Services was duly advertised on May 27, 2021, and June 10, 2021. Three proposals were received and opened on June 21, 2021. Bay City Equipment Industries Inc. dba Bay City Electric Works (Bay City) was found to be responsive to the criteria in the proposal. The first term of the agreement is two (2) years beginning August 1, 2021, through July 31, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Generator and Switchgear Maintenance Services, RFP No. 21-031, to Bay City Equipment Industries Inc. dba Bay City Electric Works and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway (City) maintains twenty-six portable and stationary generators and transfer switches. The majority of the generators are designated to provide emergency power for City water pumping stations, sewage lift stations and other facilities in the event of a power outage or catastrophic event. The remaining stationary generators provide emergency backup power to City facilities, such as the Lester Berglund Water Treatment Plant, City Hall, City fire stations and the Poway Sheriff's sub-station. On May 27 and June 10, 2021, the City advertised an RFP for generator and switchgear maintenance services in support of the Public Works Department. The RFP was advertised on the City's website and local newspaper and posted to eBidboard (the City's eProcurement system). On June 21, 2021, the City received three proposals. Evaluation criteria for the proposals included: qualifications and 1 of 36
August 3, 2021, Item #3experience affirm, staff qualifications and experience, additional knowledge or abilities that add value outside of the scope and cost. The recommended contractor is highlighted in bold in the table below. Table 1: Award Summary for Generator and Switchgear Maintenance Services, RFP No. 21-031 Contractor Annual Annual Quarterly Remote Total PM Service Service Monitoring Bay City Electric $15,801.45 $18,658.00 $8,892.00 $7,050.00 $50,401.45 Works Duthie Power $18,752.99 $28,674.50 $20,220.00 $10,890.00 $78,537.49 Services Global Power $16,790.32 $13,485.00 $7,875.00 $14,676.00 $52,826.32 Group, Inc. The agreement's scope of work includes the costs to perform quarterly and annual inspections and service, remote monitoring, as well as preventative maintenance, testing, and repairs on an as-needed basis. Bay City met the City's specifications and provided additional value by offering technicians of varying levels and qualifications, as well as an office within City limits with a dedicated service team. Additionally, as the City's current contractor for generator and switchgear maintenance services, Bay City has a proven history of providing reliable service to the City. The term of the agreement will be from August 1, 2021, through July 31, 2023, and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the: Water Supply, Treatment and Storage (402060-43080); Sewer Pumping/Disposal (403070-43080); and Vehicle and Equipment Maintenance (413010-41200) Fiscal Year 2021-22 budgets for Generator and Switchgear Maintenance. Public Notification: None. Attachments: A. Agreement with Bay City Equipment Industries Inc. dba Bay City Electric Works. Reviewed/ Approved By: Wendyaserman Assistant City Manager 2 of36 Reviewed By: Alan Fenstermacher City Attorney City Manager
August 3, 2021, Item #3City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of August, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Bay City Equipment Industries Inc. dba Bay City Electric Works (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private contractor to perform comprehensive maintenance services for City-owned portable and stationary generators and transfer switchgears in support of the Public Works Department; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the 3 of36 ATTACHMENT A
August 3, 2021, Item #3failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it 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 the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 4of36 2
August 3, 2021, Item #39. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. 5 of 36 3
August 3, 2021, Item #3DISCLOSURE DETERMINATION: ~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 6 of36 4
August 3, 2021, Item #314. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees, committed in performing any of the professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies 7 of36 5
August 3, 2021, Item #3Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of36 6
August 3, 2021, Item #319. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of36 7
August 3, 2021, Item #324. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 36 8
August 3, 2021, Item #3IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:----------Chris Hazeltine, City Manager Date: __________ _ ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: By:-----------Alan Fenstermacher, City Attorney 11 of 36 9 Bay City Equipment Industries Inc. dba Bay City Electric Works By:-----------Jeff Allan, Service Sales Executive Date: ------------
August 3, 2021, Item #3A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform portable and stationary generator and transfer switchgear maintenance services as required by City, further described in the agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on June 21, 2021, which is included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing August 1, 2021 and ending July 31, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than August 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 12 of 36 10
August 3, 2021, Item #3D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. 13 of 36 11
August 3, 2021, Item #3E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 14 of 36 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 9207 4 Bay City Equipment Industries Inc. d/b/a Bay City Electric Works 13625 Danielson Street Poway, CA 92064 (Remainder of page intentionally left blank) 12
August 3, 2021, Item #3ATTACHMENT 1 TECHNICAL SPECIFICATIONS 1. Purpose: The purpose of this Agreement is to provide comprehensive maintenance services for City-owned portable and stationary generators and transfer switchgear. 2. Technical Specifications: The City of Poway currently maintains a variety of portable and stationary generators and transfer switchgear ranging from 20KW to 81 0KW. A list of City-owned portable and stationary generators and transfer switchgear is included at the end of these specifications for reference. The Contractor shall be responsible for the repair, maintenance, and service of portable and stationary generators and manual/automatic transfer switchgear. The Contractor shall also perform quarterly inspections/service, annual inspections/service, preventive maintenance (PM), annual load bank testing, annual fuel polishing, provide fueling services, perform annual transfer switchgear testing and service, and provide remote monitoring equipment and services. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten ( 10) days of award of Agreement. 3. Personnel: Contractor will perform all work in a timely and workmanlike manner, using only qualified technicians with a minimum of five (5) years of experience with equipment identified in the Agreement, and will adhere to all code standards of the City, EPA and any other state and federal requirements. 4. Method of Performing Work: a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval by the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7 a.m. to 3:30 p.m., Monday through Thursday, and 7 a.m. to 2:30 p.m. alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City offices are closed. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee. (Maintenance and testing on Generators located within 1000ft. of any school will be scheduled outside of school hours) 15 of 36 13
August 3, 2021, Item #3c. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. d. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this agreement. 5. Work Order Records: Contractor shall complete the maintenance service within 15 business days from the date of the manufacturer's recommended maintenance time frame. Oil changes will be performed once each calendar year where required for APCD compliance. Contractor shall provide City with a copy of the Contractor's maintenance work order record, including the record of oil change showing appropriate filters and materials used. 6. Hazardous Waste Disposal: The Contractor shall be responsible for the proper transport and disposal of all hazardous and non-hazardous fluids and materials resulting from maintenance performed. Contractor shall provide manifest to the City as proof of removal and proper disposal. a. Hazardous Waste Hauler Permit: Waste shall be hauled by a licensed hazardous waste hauler and disposed of at an approved landfill. The Contractor shall furnish evidence of a current hazardous waste hauler permit. Permit(s) shall be available to City staff anytime throughout the duration of the contract. The Contractor shall be responsible for providing this document for any subcontractor. The Contractor shall be responsible for the EPA Uniform Hazardous Waste Manifest to track waste from generator(s) location(s) to the site of its disposition. 7. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this Agreement. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 16 of 36 14
August 3, 2021, Item #38. Sound Control: Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this contract. Operations that generate excess noise, e.g. running any type of power equipment, would not be allowed before 8 a.m. so as not to disturb the residents of the area. Any internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. 9. Unfavorable or Hazardous Maintenance Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from her or his operation. Any hazardous conditions noted by the Contractor that is or is not a result of her or his operation shall immediately be reported to the City of Poway Public Works Department. During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 10. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, he will be responsible for making the necessary repairs at his own expense. Contractor will notify the City within two (2) hours of any damage that occurs. 11. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director of Public Works shall be deducted from the contract payment to cover costs. 12. Litter Control: All debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of by Contractor. Should Contractor not be able to self-haul, Contractor must contact the City's exclusive franchise hauler (presently EDCO Waste and Recycling Services) for 17 of 36 15
August 3, 2021, Item #3services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler. Hazardous materials (e.g., chemicals, oils, other fuels,) used in the performance of work required in these specifications shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. 13. Project Inspections: The City will periodically inspect each project location for compliance with these specifications. 14. Maintenance Service General Requirements: a. The Contractor is to provide all necessary labor, materials, equipment, and supervision to perform the work. b. Contractor's technicians performing maintenance or repairs will be required to check in with the Fleet Maintenance Supervisor or the Utility Systems Supervisor or their designee prior to and upon completion of service. Payment for service will require a signed field worksheet. c. The Contractor is to provide for continuous protection of the City of Poway's equipment, property and personnel from the work performed. The Contractor shall be responsible for protection of the work until finished work has been accepted. d. All work shall be subject to the approval of the Director of Public Works or Director's representative, and any work in need of correction because of improper preparation or workmanship shall be corrected by the Contractor to the satisfaction of and at no cost to the City of Poway. e. The areas are to be left clean and in as good a condition at the end of the job. The Contractor shall remedy all damage caused by this work to the satisfaction of and at no cost to the City of Poway. 15. Mechanical Repairs/Replacements: a. Repairs made to equipment will be logged on the inside of the equipment panel adjacent to the wiring diagram. Repairs will be dated and the defective components will be returned to the Fleet Maintenance Supervisor or the Utility Systems Supervisor or their designee. b. Costs for non-emergency repairs for equipment will be submitted in advance via a written quote to the Public Works representative. 18 of 36 16
August 3, 2021, Item #3c. Technician(s) will respond by telephone to all service calls on a 24-hour, 7-days-a-week basis within 30 minutes of call-out. d. On-site response time will be within two (2) hours of an emergency call-out, unless notified by the Utility Systems Supervisor or the Duty Responder or the Water Treatment Plant Duty Operator. Failure to respond within the two-hour window may cause a deduction of $100 for every hour or part of an hour that the Contractor's technician is non-responsive. e. The technician is to check-in and checkout with the Fleet Maintenance Supervisor or Utility Systems Supervisor or their designee. In the event of an emergency call-out, the technician is to check-in and checkout with the Duty Responder or the Water Treatment Plant Duty Operator. 16. Repair Parts and Replacement Equipment/Warranties: a. The Contractor will supply all repair and replacement parts, to be billed separately as an additional item on an invoice to the City of Poway. The cost of parts shall be Contractor's cost plus 15% markup, subject to approval by the City's Public Works representative. b. Parts replaced under warranty shall be provided through the Contractor, and the Contractor is responsible to assure all parts covered under warranty are procured as such on behalf of the City of Poway. The Fleet Maintenance Supervisor or Utility Systems Supervisor or their designee shall intervene should the manufacturer not honor said warranty. c. Parts and labor shall be considered under Contractor's warranty for a minimum of 90 (ninety) days after any repairs have been completed. The Contractor shall represent the City of Poway for all other manufacturer warranties as stipulated in the above paragraph. 17. Maintenance and Call-Out Reports: The Contractor shall provide a Preventive Maintenance Report (PMR) for each piece of equipment being serviced under the provisions of these contract specifications. The report will consist of the following: a. Service Technician's name b. Date of service, including generator run time, start and shut down time when engine is operating in compliance with the APCD c. The technician's signed checklist indicating all items inspected, tested, replaced, or serviced in accordance with the provisions of these contract specifications d. A list of all deficiencies found, recommended repairs, and replacements needed 19 of 36 17
August 3, 2021, Item #3e. A statement on the signature line of the checklist to attest the items checked off were completed The Contractor shall provide a Repair Call-Out Report (RCOR) for each service call performed, with the exception of preventive maintenance services. The report will include, at a minimum, the following information: a. Date and time of service call b. Time and method of call-out notice c. Complaint that initiated the call-out d. Cause for fault condition e. Action taken to restore service, items repaired or replaced including the reason, and service time incurred f. Other items as may be determined by the Contractor or requested by the City Contractor shall log maintenance related run hours in generator logbook located on-site. 18. Invoicing: The Contractor shall submit a separate invoice for each preventive maintenance or repair call-out service, and each invoice shall include at a minimum: a. Labor and contract cost -all costs broken down and billed separately by line item as per contract agreement unit pricing b. A signed copy of the technician's PMR or the RCOR associated with the work 19. Inspection and Maintenance Scope: a. Quarterly Visual and Operational Inspection and Maintenance: Performed every 250 hours of operation or every three (3) months, whichever comes first. Contractor shall refer to manufacturer's recommendations. Visual and Operational Inspection and Maintenance service includes, but is not limited to, the following: i. Inspect enclosure for obstructions or debris ii. Inspect enclosure for corrosion or openings iii. Check all belts for proper tension and alignment; check for signs of 20 of 36 18
August 3, 2021, Item #321 of 36 age/wear iv. Check engine supports and connections v. Check engine block heater(s) and associated plumbing for proper operation vi. Check engine gauges for proper operation and readings; check panel lights vii. Check engine governor system and linkage (if equipped) for binding and proper operation viii. Check batteries for proper electrolyte levels and specific gravity ix. Load test each battery x. Check battery charger for proper operation xi. Check electrical connections and wiring for abrasion or chaffing xii. Check generator voltage and frequency output xiii. Check for abnormal vibration or noises xiv. Check air cleaner element and manifolds xv. Check engine for oil, fuel, or coolant leaks; tighten all bolts as necessary xvi. Inspect above-ground diesel fuel tanks and lines for defects xvii. Check all fluid levels and top off as necessary (fuel not included) xviii. Check radiator externally for debris, leaks or corrosion xix. Test coolant for proper mixture with a coolant test strip; check radiator cap for proper seal xx. Check and tighten cooling system hoses and clamps xxi. Check and tighten all electrical connections xxii. Clean starting batteries xxiii. Visually inspect automatic transfer switches xxiv. Check switchgear panel lights and displays 19
August 3, 2021, Item #3xxv. Inspect fuel vessels for leaks or defects; inspect fuel lines for cracks and wear xxvi. Record lube oil level xxvii. Record coolant level xxviii. Record fuel level xxix. Simulate commercial power failure AS REQUESTED BY STAFF ONLY xxx. Record start time xxxi. Record engine and generator gauge readings xxxii. Check circuit breaker or transfer switch operation xxxiii. Record total run time Contractor shall submit a written report of any deficiencies noted during each inspection. Contractor shall submit a completed check-off list with all items checked and signed by technician within one week of inspection. The checklist shall include all items listed for each inspection. 20. Annual Preventive Maintenance (PM Service): Performed every 250 hours or every 12 months, whichever comes first. Contractor shall refer to manufacturer's recommendations. Lubrication and Maintenance service includes, but is not limited to, the following: a. Start engine and check lubricating oil level and pressure, coolant level, condition and temperature b. Take lube oil sample for laboratory analysis c. Take fuel sample for laboratory analysis d. Take coolant sample for laboratory analysis e. Change engine lubricating oil and oil filters f. Change engine fuel filter g. Clean engine primary fuel filter h. Change air cleaner element or clean as needed 22 of 36 20
August 3, 2021, Item #3i. Lubricate fan drive pulleys j. All other maintenance recommended by the manufacturer on an annual basis Contractor shall submit a written report of any deficiencies noted during each inspection. Results of the oil, fuel, and coolant sample tests will be provided, along with recommendations when appropriate. Contractor shall submit a completed check-off list with all items checked and signed by technician within one week of inspection. The checklist shall include all items listed for each inspection. Contractor shall log maintenance related run hours in generator logbook located on-site. 21. Annual Load Bank Testing: Service performed annually. Contractor shall refer to manufacturer's recommendations. Annual Load Bank Testing includes, but is not limited to, the following: a. Simulated power failure with specified load requirements provided with a load bank which includes run time both start and stop b. Elapsed time from start to assuming load will be recorded, plus voltage fluctuation and governor response c. All operating gauges will be read and recorded to prevent thermal overload d. Use a handheld, infrared, thermal imagining monitor to prevent buss/breaker thermal overload e. A written report indicating results of the test f. Run time and load bank testing must adhere to the following or as directed: • 25% 30 minutes • 50% 30 minutes • 75% 30 minutes • 100% 30 minutes • Total 2 hours Contractor shall submit a written report of any deficiencies noted during each inspection, along with recommendations when appropriate. Contractor shall submit a completed check-off list with all items checked and signed by technician within one week of inspection. The checklist shall include all items listed for each inspection. Contractor shall log maintenance related run hours in generator logbook located on-site. 23 of 36 21
August 3, 2021, Item #322.Annual Fuel Polishing: Service performed annually. Contractor shall refer to manufacturer's recommendations. Annual Fuel Polishing includes, but is not limited to, the following: a. Diesel fuel will be circulated through an adequate polisher, three times the capacity of the supply tank b. Treatment chemicals shall be added as necessary to control microbial contamination Contractor shall submit a written report of any deficiencies noted during each inspection, along with recommendations when appropriate. Contractor shall submit a completed check-off list with all items checked and signed by technician within one week of inspection. Checklist shall include all items listed for each service. 23. Annual Manual/Automatic Transfer Switchgear Service: Service performed annually. Contractor shall refer to manufacturer's recommendations. Power Outages: Where a facility will be affected by a power outage during the service work, the work will be scheduled after business hours. Annual Manual/Automatic Transfer Switchgear Service includes, but is not limited to, the following: a. Maintenance programs for transfer switches include checking of connections b. Inspection or testing for evidence of overheating and excessive contact erosion c. Removal of dust and dirt, and replacement of contacts when required d. The maintenance procedure and frequency shall follow those recommended by the manufacturer 24. Fuel Top-Off Service (As Requested by City Only): Service consists of refueling or top-off of a diesel fuel storage/main tank or day tank. Fuel Top-Off Service includes the following: a. Time and materials visit to refuel or top-off generator(s)' diesel fuel storage/main tank or day tank b. Diesel fuel delivered is treated with a diesel fuel stabilizer c. Fuel delivered is GARB-approved diesel fuel 24 of 36 22
August 3, 2021, Item #325 of 36 d. The cost of the fuel is based on the Contractor's current charge rate at the time of the request for this service plus 15% markup (Remainder of page intentionally left blank) 23
August 3, 2021, Item #3N CJ\
0
-ti w CJ\
Line
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Unit
Numbe
r
755
756
757
758
759
760
761
762
663
706
705
750
563
564
566
662
741
763A
562
753
752
751
754
NIA
NA
NA
Location Legend:
WTP = Water Treatment
Plant
LS = Lift Station
PS = Pump Station
WTP
WTP
WTP
WTP
WTP
WTP
WTP
PS-6 high valley
WTP
Old Coach LS-1
PS-1
Martincoit
Fire Station 3
PCPA
Fire Station 2
City Hall
Sheriffs Station
MQ Wisperwatt
Vehicle Maintenance
PS-5
PS14
PS15
LS-3
Public Work Admin
Transfer Switch
Operations Transfer
Switch
Mickey Cafagna Center
Manual Transfer Switch
CITY OF POWAY -LIST OF PORTABLE AND STATIONARY GENERATORS AND TRANSFER SWITCHES
Stationary Tier Voltage Voltage Address or kW (Single Engine Model Engine Serial Trailer Serial# Transfe Transfer Switch Model
Portable Rating or Multi) Output Number r Switch
14521 Lake Poway Rd Portable 250 Tier3 Single 480 Caterpillar C-9 S9102029 4AGEU 15288C04228 No NA 8
14521 Lake Poway Rd Portable 250 Tier 3 Single 480 Caterpillar C-9 S9102030 4AGEU 15288C04229 No NA 0
14521 Lake Poway Rd Portable 250 Tier 3 Single 480 Caterpillar C-9 S9102031 4AGEU 15288C04228 No NA 7
14521 Lake Poway Rd Portable 250 Tier3 Single 480 Caterpillar C-9 S9102033 4AGEU 15288C04228 No NA 9
14521 Lake Poway Rd Portable 350 Tier 3 Single 480 Caterpillar C-15 S9102032 4AGEU15288C04228 No NA 6
14521 Lake Poway Rd Portable 80 Tier 3 Single 208 Caterpillar D80-6 C4.4 ESM00586 4AGEU 15288C04228 No NA 5
14521 Lake Poway Rd Portable 80 Tier 3 Single 480 Caterpillar D80-6 C4.4 ESM00578 4AGEU 15288C04228 No NA 4
14521 Lake Poway Rd Stationary 350 Tier3 Single 480 Caterpillar C-15 FSE03408 NIA yes ZENITH Model: ZS5DB10033-07E601X Serial#
1596008-1
14521 Lake Poway Rd Stationary 300 Tier2 Single 480 Caterpillar 3406B 4RG00747 NIA Yes ZENITH Model: ZS5DB0624N-07S601X Serial:
1594911-1
17710 Old Coach Rd Stationary 85 Tier1 Single 480 Cummins 6BT5.9 G6 8990944840 NIA Yes GE Spectra/Order# 17752468 400 amp
14445 Lake Poway Rd Stationary 20 NIA Single 240 Spectrum 20DS60 371013 NIA Yes Spectrum s-564243-0070
Old pump station site Portable NIA Tier 3 NIA NA Caterpillar C-15 JRE07921 16MPF19328D051836 No NIA
14322 Pomerado Road Stationary 200 Tier2 Single 1901600 John Deere 6081AF001J RG6081A16276 NIA Yes Detroil Diesel SCP-ACVA-0600S 0
15498 Espola Rd Stationary 55 Tier2 Multi 1201240 John Deere 404TF270E PE4045T 415956 NIA Yes Detroit Diesel MPV GM2655
16914 Wesling Court Stationary 26 Tier 2 Single 208 John Deere T04045D894472 NIA Yes Spectrum RLS-168643-0100 4045DF 150Dl158
13325 Civic Center Drive Stationary 810 Tier2 Multi 1391240 Detroit Diesel 16V-2000 5362002695 NIA Yes Kohler Model KBT-AMWA-1000S R1637K35
13100 Bowron Rd Stationary 300 NIA Multi 1391240 Kohler 300ROZD 132476 NIA Yes Cutler Hammer SPB65
14415 Lake Poway Rd Portable 40 NIA Multi 48012401120 40SSKV No NA
14415 Lake Poway Rd Stationary 100 Tier3 Single NIA Caterpillar C4.4 D100 EM01493 NIA Yes ASCO Series 300 Cat No E003000030400N10F
14090 Northcrest Ln Stationary 350 Tier3 Single 480 Caterpillar c-15 FSE03063 NIA Yes CUTLER HAMMER Model: A TC3C3X40600XRU serial:
GO#SSN0230814
14710 valley view Stationary 100 Tier3 Single 480 Caterpillar C4.4 D100 N3R01903 NIA yes THOMPSON TECT Model:
TS874A0150B1AM3AMMAA Serial: W-070420
18130 sunset point Stationary 100 Tier3 Single 480 Caterpillar C4.4 D100 N3R01905 NIA yes THOMPSON TECT Model:
TS874A015081AM3AMMAA Serial: W-070419
12910 Camino del Valle Stationary 175 Tier 3 Single 480 CaterpillarC6.6 D175 E6M01893 NIA Yes EA TON TYPE: 69C2990G03 Serial #
20110519F010027
14467 Lake Poway Rd NA NA NA NA NA NA NA NA Yes Russelectric Model RMTDMAN -2254E
14445 Lake Poway Rd NA NA NA NA NA NA NA NA Yes Russelectric Model RMTDMAN -4004E
13094 Civic Center NA NA NA NA NA NA NA NA Yes PSI Control Solutions Model STS800N3RNF3
24
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• .,.,,,~,. N • ..,.,,,,op,-1na c,ntract•tCPlsn,e•JnSJJ Bay City Equipment Industries Inc. OBA Bay City El~ctri_c: Works
Authoria:•d .A9enl or Qffler:; Jeff Allan
11t••: Service Sales fxea,tive
26
C4olollll'lhr(■)
l.,_'N/A
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Pd,.:l7.14 J-'1N/A
._,Napa 1""''N/A
IN:3270 !Hl: N/A
:cr.1 8.05 Piled N/A
-Napa -.NIA
"'"'601000 PIH:N/A
Plkt:I 29,78 ,-sN/A
•-Napa it,...'N/A
PIN: 3751 l'IN:N/A
P,ld:131.70 ..,...,, NIA
1•-Napa •-=NIA
l'IN: 601000 l'IN:N/A
_,,.. ._...Coola c--,_~----
Cad-125,00
"""'1100.00
011:S
,u11:,100.oo
Oll;S 25 00
c.,olaftts 25.00
-"1100.00
Ool:I 25.00
C.oiMtl 25.00
f"'l:$100.00
OitS 25.00
t'441a•tl 25.00
,.11:,100.00
Oil:I 25,00
~•25,00
F,111:1100.00
oi:t25.00
Coelentl 25.00
-"1100,00
c»:1 25.00
~ L\IMl'IUM :--~rt.r_ ... .f:
,I 2.2_0_.QO_
TOTAUI
• 464.I8
1.462.66
I 906~39
Fifteen Thousand Eight Hundred One Donar and Forty Five Cents $ 15,801.45
August 3, 2021, Item #3Annual Service -Fuel Polishing, Load Test, Transfer Switch Line Thln■ftr Tron1ltr Swllcl\ Anl\llal l'wl Polshl111 lwloMi Lead BMk Tttllnll Annual Transfer SWllch Service ANMIAL 58'11/ICES 'IOTAL --Unl.......,, cSwilch· Mocltl LUM'-SUM SBIVICE LUMP SUM SEIIYICE LUMP SUM SERVICE FUEL POUSHINO ♦ UMD IIAIIK ♦ (M~ralaa) C,,•"-'1ratu) (nolio.u,lyratH) TMNSl'Ell SIIIITC:H 755, WfP, 1<4521 L ... ,-Y Rd No .:. • 200.00 I 563.00 763.00 Porwbllt2501tw 75C. WTP, 1◄ 521 llb-y Rd Na ' 563.00 $ 763.00 l'alt-2IOIM 757. WTP, 1◄521Lall•-•1Ad Ho s 200.00 • 563.00 • 763.00 Por\oblo25Cll<w 751, Wl'P, 1◄521 ..... ~ Rd Ho '563.00 • 763.00 ""'1aW.25011w 15g, WTP, 14521 lake "-Y Rd ... 200.00 • 625.00 -llle3501rw 711. WTP, 14521 Lthl P-y Rd ... 200.00 s 445.00 l'O!falalolOll111 710, WTP, 1◄52' Lalc• Poway Rd Ho s 445.00 . • 645.00 Potlable .... 712, High V..,,, Punc, Slallon GE Zenith Enlolll• s 200.00 '625.00 1.c521lAk•~Rd Yes awllch 25G Slaliora,y◄50kW HJ.WTP 14521 ltlall'llwayRd Yn GEZ.IIIU.f:nloll-• 200.00 • 625.00 • 250.00 • 1,075.00 SlaUDrwy~• O'#llchZ5G 7011, Old Coach LS-1 GE Sp .. lra/0-, , 845.00 IQ 1n1DOIIIC-"Rd Yu • 150.00 s 445.00 s 250.00 Sldt>na<y1511111 17752411 4GG a111p 705,PS-1 Sp1et1um 1.s&◄za. s 400.00 s 250.00 11 1444i Lake P""'•1 Rd Yu s 200.00 I 850.00 S11done,y20llw GG70 12 750.115111Martlncoil No 200.00 I NIA f'QflaUoWalerPUmp 513, Rnr Slllon 3 Deltvit Dlesol SCP, • 200.00 s 250.00 13 1◄322....,...-doRd YH • 563.00 I 1,013.00 Slallullaly ZOVIIW ACVA-41GGS 514.PCPA DotroltD!aallll'V 14 11411 Espolll Rd Vos 1150.00 • 400.00 s 250.00 • 800.00 Slallona,y5,..., GM2155 511il'hSlallan2 5,-:ln>mRI.S-15 1Hf4WullngCl Yes s 100.00 • 400.00 • 250.00 • 750.00 StaClo,ayZIIIW 11UtJ.01GG IIIZClyHal Kahltr Modal KIT• • 300.00 • 1,750.00 16 13325 CMc C-r Dr YH AIIWA, 1GaGS '1,150.00 • 300.00 siaoor..,11111<w 741,ShlriflaSlallon Cullorltlln1111or s 1,175.00 17 1311111■-Rd Yos • 300.00 • 625.00 • 250.00 SlalonaY3Dlllw Sl'815 763A,MQ~t 475.00 111 1◄415 l.Ho "-1 Rd No I 400.00 l'altabla30bl Fleol Mailllonanco ASCOSa<IHlOGC■I 19 14415l■tltc,._yRd Vu Ho s 200.00 s 445.00 • 250.00 • 895.00 SlallaraytllOlow EGD3GGOOJG400HfGf 20 PS-5, 14090 Norl!lcrnt ln v .. Ealon CUiiar Hemme •200.00 • 625.00 • 250.00 11,075.00 s-...,.JSOl<w ATC.;JOG 21 LS-3, 12110 Camino dol Vallo Yes Eaton CUiier Hommor I 200.00 • 563.00 I 250.00 • 1,013.00 Slallona,yf75kw ATC-30G Publc-Acl-Uon RUHeleetrlc Medal '250.00 22 14417 l.ah1 Pt,,nyRd Yu RNTtlMAN • 2U4E T,__h RuallllclTI, Nodal 22 Pllbtlc:"""""Oporallons v .. • 250.00 • 250.00 14445 la•-., Rd RMTDMAN • 4"4E Transl• s..lol• PSIContn,f 23 MlclreyCal19MC-r Yos Solu1lon1Modol 250.00 • 250.00 f30l4CM:C..r STSlaoHlRHFl TOTAL THIS PROPOSAL SHEET .................... , 18,658.00 El teen Thousand Six Hundred Fin · Ei hi Dollars and Zero cenls NOTI!! The City AH,.,.• Ill• rl9ht to -rd tho pr■poHI hi whola or In part .. tho .. ,,..,i.,i contractor. ■ustness N•-•!!l!osl!!I Contractor (elease er1nt!: Bai Citi EguiE!!!!ent Industries Inc. OBA Bai Ci~ Electric Works Authatfud A9ent ... Offtcar: Jeff Allan TIU•: Service Sales Executive 27
August 3, 2021, Item #330 of 36 Une llem 11 11 1Z 13 14 15 11 17 11 2G 21 22 u 23 Equlpm■nt ID 755, WfP, 1.C521 Lak■ Poway Rd Par1abl■250kw 75&, WrP, 1"521 Uk■ Poway Rd Portable 25Gkw 7!f1, WrP, 1.C511 Lake Poway Rd Ponable Z5Gkw 758, WTP, 1◄521 Lake Poway Rd Porlable 250kw 759, WTP, 1"521 I.Ilk■ Pow■y Rd Pari.ble J50kw 711, WTP, 14521 Lake Poway Rd Pot1abl■ 10kW 7110, WTP, 1.C521 Lekw Poway Rd Port.Irle IOkw 762, 1.C211111 High Valley Rd. Stationary .CSOkw 4113, WTP, 1.C511 Lak■ Poway Rd Stationary, 300kw 701, Old CDKh LS-1 17710OIdCaachRd Stationary 15kw 7115,PS-1 14445 lake Poway Rd Siatlanary 20kw 750, 11H1 MM11ncall Parlabl■ WIiiet P11mp Sil, Fin Station l 14322 Pom.rada Rd Statlona1y 200kw 564, PCPA 15'411Espol■Rd Stationary 5511w 511, fir. Station 2 111114 Wisting Ct Stalonary Zlkw 112 Cllytl■ll 1JJZ5ClwlcC■nlerDr Sllltlonary 110kw 7-41, Sheriff's Slatlan 13100 Bawran Rd Stationary~ 713A, 14.C15 Lake Poway Rd, Poltalrle30kw Flaet Malnlananc:■ 14415 Lake Poway Rd Sta Ilona 1 OOkw 753: PS..S, 1"090 Norther.al Ln Statlonaoy JSOkw 754: LS..:J, 12910 Camino d■I Vale Stationary 17:illw Tnrn1far Switch Pubic 'Worb Admlnl■traUon 14417 Lake Pow■ Rd Tnrn■f■r SWl!dl Pubic Wcirkll Opar~an 14"5 uk■Pow Rd Tnrnafw Switch Mickey c.r.gna Center C Quarterly Service Table TrallSflll' SWlldl Model G■Z■nllh Enlall-swllch 250 G■Zenllh Enle■•-ftch GE SpeclralOrd■rlf 1n524A400 ... Q11,1rterlyVlsual and Op■ratlonal Inspection and Maintenance LUMP SUM SERVICE PER GENERATOR / TRANSFER SWlfCH (nollourly,.t■ s) 426.00 426.00 426.00 426.00 s 426.00 420.00 420.00 '426.00 • 426.00 • 420.00 Sp■cltllffl s..s&424J .. 70 S 420. 00 Detroit Dl::~:CP-ACVA S 426 • 00 O■tnltt DleHIMPV GM21S5 t 420.00 SpKtnan RLS-1&1143-01IO Kahler Model KBT• AMWA-10005 ZanllhZBTS Eaton CUiiar .._.t ATC..:100, IOO Alllp Eaton Cullar Hamon■ r ATC~N. 400 Afflp Russ■l■ctric: llodll IUITDMAN ,225<4E Rusa■lactrfc: Model RMTDIIAN -4111ME PSI Control Soliallons Model STSIIIDHJRNFl 420.00 • 426.00 1 426.00 , 426.00 • 426.00 TOTAL THIS PROPOSAL SHEET •••••• -•• ······-·-----$ P. ~~o.H<Jnd e· h{ Hundred Nine(· Two Dollars and Zero Cents NOTE• The City,.. • .,.,.,, the lf ... t lo award the pr■posal In wh■I• or Ill pa,t f• 11,e sefecled eMlraGl■r. Busf11ess Name/Propo■tng Contractor (please print): Bay City Equipment Industries Inc. OBA Bay City Electric Works Authorized A,ent or Ofllcar: Jeff Allan Tltt•: Service Sales Executive 28
August 3, 2021, Item #3U11ti 11am 1a 11 1Z 1l u 15 11 17 ,. 1t H 21 22 23 24 E.,tpmonrlO 755, WIP, 14521 l.alle l'oWlly ltd PombleHOl<w 751, WrP, 1◄'2f Loire P-•yltd ,_,.~ 7S7, WTl', 1"21 L .. a,.....,ltd PorllMeJSllrw 751, WTl', 14521 l.llle l'-.y Rd Po'11111e2SOIIW 751,WTI', 14521 ulat-,yltd PorllbloJIOkw 711, WTJ', 14Qf l1llt P-•Y ltd Poll.W. IOllw 710, WTJ', 14521 Loll• J'-.y ltd l'orlablel-712. WrP, f41Z1 Lila,._.., Rd Po,t1llleJSOllw HJ, WTJ', ·14521 like P-y Rd s1111o .... y,-70S. Old Couh LS-1 17710 Old Cuch Rd Sr,,llou,y, ISlrw 70S, PS-1, 14445 like Powoy ltd Slall.nuy20kw 750, 1U.1 M11ll11eok J'orllbleW1ler,._p HJ, Fl19 51111011 J 14JUJ'-tldoltd Slollon"'Y200kw H4,J'CPA 15411 Eapolo Rd Slodonary SSkw Hf, Fire St10on 2 11914 WnlNIIII Cowt 5r,,11on,ry2111w Ml,CllyHall 13321 Civic Ctlller Or sr,,11-y11otrw 741, Slulflll'• Sladon 13100 Bowran Rd S1ollon11)1 J0Olcw 71JA, MQ Wb,-111 14415 l•• Poway ltd Portdle2-513, Fl■-1 Malnlenenc:a ~11 uillo P-y ltd Slallo1111Y10lkw 7SJ, J'$0
S, 14010 Not1hcrul ln sr,,11orwry JSokw 7 .. , LS-J, 12910 c-lno d•l VIiie Stallonal)l 17-Trarn,r,rSwll.,, PullllcWorlls Adml.ist,.lion 1◄417 l•k• Powll// Rd TronsferSwllch P.tlc Warila OpoRl!on t4441Lab~ltd Tr1naforSwllch Mlckl)I C.t-s,H canter 1lD14 Ct.le Cont• Remote Monitoring Equipment and Service No · NA No No No No No No Ho Yu Yd v .. No Delroll Dlaet SCP• s 525.00 25.00 Yu s 625.00 l ACVA~IOOS Delroll Dlenl MPV 625.00 25.00 Yu s 525.00 $ $ GM2155 YH Spac1t1111~:ii,s.1111◄l 5 525.00 $ 625.00 , 25.00 Kohler Mocltl IC8T0 s 525.00 25.00 Yu AMWA-fOOOS 625.00 s y .. Cutler H-mer SPll15 s 525.00 s 625.00 25.00 No Yes Yu Yu Yu Yu YH NOTE: The City reserves the rfght to award the proposal In whole or In part to the selected contractor. s 1,175.00 s 1,175.00 1,175.00 1,175.00 1,175.00 •swla■H Hemetemee1ln1 Gonlc1sloc(e•■---ednf)• Ra)( Git¥ fQI •iproeot loci, 15trjes lac QBA Bay Git¥ Electr;c Works . Jeff Allan T1t1e: Service Sales Executive 31 of 36 29
August 3, 2021, Item #3EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE> Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 32 of 36 (1) Notwithstanding subdivision ( c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior 30
August 3, 2021, Item #3to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 33 of 36 (1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. 31
August 3, 2021, Item #3(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i) This section shall not apply to (1) a subordinate judicial officer whose position. upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 34 of 36 32
August 3, 2021, Item #3GUARANTY To the City of Poway, City Council, for: PORTABLE AND STATIONARY GENERATORS AND TRANSFER SWITCHGEAR MAINTENANCE SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. Contractor Signature Date **TO BE SUBMITTED WITH EXECUTED AGREEMENT** 35 of 36
August 3, 2021, Item #3WORKERS' COMPENSATION INSURANCE CERT/FICA TE Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Consultant By: Title Date Section 3700 of the State Labor Code reads in part as follows: "Every employer 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 securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, 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 may become due to his employees." **TO BE SUBMITTED WITH EXECUTED AGREEMENT** 36 of 36