HomeMy WebLinkAbout25J - GENERATOR
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2008
TITLE:
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
AGREEMENT FOR GENERATOR
PREVENTIVE MAINTENANCE AND
REPAIRS
i2A~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve and authorize the City Manager and the Clerk of the Council to
execute the attached agreement with Dixie Diesel and Electric Inc., for
maintenance and repair services, for a two-year period with provision for
three one-year renewals in an annual amount not to exceed $40,000, subject
to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Building Maintenance Division of the Finance and Management Services
Agency (FMSA) maintains approximately 50 buildings and is tasked with
ensuring that power will be available for essential operations during an
emergency. A critical component of the emergency operation plan are 17
diesel and gas powered backup generators, strategically located at City
Hall, the Corporation Yard, the Police Administration Building, the
Regional Transportation Center, and ten fire stations. To maintain good
working condition, the generators require inspection and service semi-
annually by factory-trained technicians.
Due to the critical nature of the service, staff determined that basing
selection solely on cost was not in the City's best interest. Therefore,
requests for proposals for preventive maintenance were solicited on June
16, 2008 and four proposals were received. Staff from both the Police
Department Facilities Division and the Building Maintenance Division of
the FMSA evaluated the proposals in the areas of proposal completeness,
technical expertise, strength stability, references and customer service.
The evaluation results are as follows:
25J-1
Agreement for Generator Maintenance
October 6, 2008
Page 2
Pts. Dixie Diesel Duthie Power Quinn Generator
Avail & Elec. Services Power Services
Proposal 20 16.33 13.67 10.00 8.67
completeness
Technical 20 16.00 11. 33 06.33 07.00
Expertise
Strength 20 14.67 18.00 16.00 11. 00
Stability
References 20 16.67 16.67 03.33 18.33
Customer Service 20 15.00 05.67 04.67 07.67
Total 100 78.67 65.34 40.33 52.67
The proposal received from Dixie Diesel and Electric, Inc . received the
highest ranking from the evaluation team. A contingency of $10 ,000 is
included to cover repairs identified during inspections.
FISCAL IMPACT
Funds are available in the Finance Agency Building Maintenance account
(no. 73 - 1 0 5 - 62 91) .
i.;~ Francisco
Executive
Finance &
~
~ ~'\\.~'\. ~ .I. ) ~ ~~ /0 ^-J
Gutierrez
Director
Mgmt. Services Agency
fJ
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AGREEMENT
for Maintenance and Repair
of Emen!ency Power Generators
THIS AGREEMENT, made and entered into this 6th day of October, 2008 by and
between DIXIE DIESEL & ELECTRIC, INC., a California corporation (hereinafter
"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
generator maintenance and repair.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform maintenance and repair services for City's emergency power
generators, as set forth in Contractor's Proposal, attached hereto as Exhibit A, and incorporated
by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $40,000.00, annually, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
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3. TERM
This Agreement shall commence on the date first written above and terminate on October
5,2010, unless terminated earlier in accordance with Section 12, below. The City is hereby
granted an option to renew this Agreement for up to three additional one-year terms at the
current pricing.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Contractor shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
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d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
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7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent ofthe other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
ofthe Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Finance and Management Services Agency
Building Maintenance
City of Santa Ana
20 Civic Center Plaza (M-II)
P.O. Box 1988
Santa Ana, California 92702
Fax 714-647-5421
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And City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Contractor: Dixie Diesel & Electric, Inc.
Mr. Terry Smith
11552 E. Washington Blvd #E
Whittier, California 90606
Fax 562-695-4800
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any ofthe services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
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12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property ofthe City unless prohibited by law, and Contractor consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any ofthe clauses ofthis Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each ofthe terms ofthis Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
PATRICIAE. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: 'Ii-I', ,1.'I.t.c.---cl' /
Laura Sheedy . ,A
Assistant City Attorney
DIXIE DIESEL & ELECTRIC, INC.
JAMES SKAFF
President
Tax ID#
7
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EXHIBIT A
SCOPE OF SERVICES
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,5peci:fi9ations for Emergency Generators Preventive Maintenance
LOCATION
ANNUAL
COMPREHENSIVE
( 1 ) l"fa j J 1 vi si t
Santa Ana Police Dept
Caterpillar Standby Generator # 1
$ Inclnoeo
Caterpillar Standby Generator #2
$ Included
Caterpillar Diesel Fire Pump
$ Included
" Santa Ana Corporate Yard
Kohler Standby 400KV A Generator $ In c 1 u d e d
MQ Power Diesel 220KV A Generator $ Tn c 1 u de d
Santa Ana City Hall
Kohler Standby 600KV A Generator $ In c 1 u d e d
Santa Ana Fire Stations
Station 1 Olympian Diesel
$ Included
Station 2 Gemac 2000 Diesel
$ Included
Station 3 MQ Power Diesel
$ Included
Station 4 Onan Diesel
$ Tn,...' 110ed
Station 5 Caterpillar Diesel
$ Inr111npn
Train Station
Included
21 of22
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SEMI-ANNUAL
PREVENTIVE
(l)Semi Visit
$1.977.45x2
$1.977.4"ix2
$931.96 x2
$1.146.I:)?x2
$ 1 . 1 4R qn x 2
$1,425.00x2
$1,056.10x2
$818.17 x2
$817.30 x2
$R11 F\1 x2
$QQn 06 x2
$ 820.85
ELECTRICAL
LOAD TEST
$ 1 .250.00
$ 1 , ) "in nn
$ Nonp
$ nnn nn
$ 600 (00
$ 7"i0 .nn
$ 600.00
$ F\nn nn
$ 600.00
$ nnn nn
$ Finn nn
$ 600.00
TOTAL ANNUAL
PRICE
(l)Year $Cost
$ 3,227.45
$3.22745
$ q11 4"i
$ 1.746.52
$1.748 qO
$) J 7 '5 00
.
$il,656.10
$ 1,<11S 1'7
$ 1.417 1n
$ ',4'163
$ 1,590 06
$ 1,420.85
E.x~'RJT A 1
....~
~pecifi"'ations for Emergency Generators Preventive Maintenance
Station 6 Orran Diesel $ TnrllldRd $813.63 x2 $ 600.00 $ 1,413.63
Station 7 Genrac Diesel $ Included $818 . 1 7 x2 $ 600.00 $ 1,418.17
Station 8 MQ Power Diesel $ Included $ 817.30 x2 $ 600.00 $ 1,417.30
Station 9 Genrac Diesel $ Included $1,022.09x2 $ 600.00 $ 1,622.09
Station 10 Kohler Gas $ Tnrlllc1pn $681:) 83 x2 $480.00 $ 1.161:).83
TOTAL COST $ 29.010.41
Per Year
NOTE: All reference exhibit A proposals are additional parts and labor
to this Agreement. All ATS PM services are additional to this Agreement
All megging of Generatmr units are additional to this Agreement
All the above must be added into your Purchase Oder when issued.
R~f2rence Maintenance Agreement for breakdown of additional service
options offered per unit
* 2nd Year Renewal Option at same pricing
3rd Year Renewal is sub;ect to a 20% increase
Labor rates offered: ST $ 95.00 aT $142.50 DT $ 190.00 (2 Years
ONLY)
COMPANY NAME
Dixie Diesel & Electric Inc
(Return this page with your RFP)
22of22
NOTE: 24/7 365 Days a year on call service. Response
time within (4) hours all repairs performed have
a 6-month warranty parts and labor.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
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