HomeMy WebLinkAboutAGENDA REPORT 2023 0621 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 21, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
H. Consider Agreement with Quinn Company dba Quinn Power Systems for
Generator Preventative Maintenance and Repairs. Staff Recommendation:
Approve Agreement with Quinn Company, Inc. dba Quinn Power Systems for a
three-year term for a not-to-exceed amount of $60,000, and authorize the City
Manager to sign the Agreement, subject to final language approval of the City
Manager. (Staff: Jessica Sandifer, Community Services Manager)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 06/21/2023 Regular Meeting
SUBJECT: Consider Agreement with Quinn Company dba Quinn Power Systems
for Generator Preventative Maintenance and Repairs
BACKGROUND AND DISCUSSION
The City maintains three emergency generators which require annual maintenance to
ensure that they remain in working order. Quinn Company, dba Quinn Power Systems
(Quinn), has maintained the City’s generators for the last 18 months. The Agreement
was approved by the City Manager in December 2021 and expires on June 30, 2023.
Quinn has done a satisfactory job maintaining the City’s equipment and is always
responsive when there is an issue that needs to be taken care of. Staff is recommending
extending a new Agreement to Quinn for a three-year term. The not-to-exceed
Agreement value for the three-year term will be $60,000, which includes $39,267 for
regular preventative maintenance activities, with the remaining $20,733 being used for
as-needed repairs. Since the value of the Agreement exceeds the City Manager’s signing
authority it is being presented to the City Council for approval.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
Sufficient funding exists in the Fiscal Year (FY) 2023/24 budget for preventative
maintenance and repair for the generators. Funds will be budgeted in subsequent years
to also cover these costs. No appropriation is being requested.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
Item: 10.H.
276
Honorable City Council
06/21/2023 Regular Meeting
Page 2
STAFF RECOMMENDATION
Approve Agreement with Quinn Company, Inc. dba Quinn Power Systems for a
three-year term for a not-to-exceed amount of $60,000, and authorize the City Manager
to sign the Agreement, subject to final language approval of the City Manager.
Attachment: Agreement with Quinn Company, Inc.
277
ATTACHMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
QUINN COMPANY DBA QUINN POWER SYSTEMS, FOR EMERGENCY
STANDBY GENERATOR MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of
____________________________, between the City of Moorpark, a municipal
corporation (“City”) and Quinn Company, a corporation, dba Quinn Power Systems
(“Contractor”). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for preventative maintenance services and repairs
for the City emergency stand-by generators at Moorpark Civic Center, 799 Moorpark
Avenue: Moorpark Police Services Center, 610 Spring Road; and Ruben Castro Human
Services Center, 612 Spring Road; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated May 26, 2023,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2026
unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a contractual
capacity to provide emergency stand-by generator maintenances services, as set forth in
Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit C. Contractor
shall complete the tasks according to the schedule of performance, which is also set forth
in Exhibit C.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of sixty-thousand dollars ($60,000), which includes a contingency of twenty
thousand seven hundred thirty-three dollars ($20,733), without a written amendment to
the agreement executed by both parties. Payment by City to Contractor shall be in
accordance with the provisions of this Agreement.
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City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Contractor
agrees to comply with and be bound by all the terms, rules and regulations described in
(a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code, including without limitation Labor Code Section 1771 and (b) the rules and
regulations established by the DIR implementing such statutes, as though set forth in full
herein, including any applicable amendments made thereto during the term of this
Agreement. For every subcontractor who will perform work on this project, Contractor
shall be responsible for subcontractor’s compliance with (a) and (b), and Contractor shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be _________________________, and no other individual may
be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed sixty-thousand dollars ($60,000)
which includes a contingency of twenty thousand seven hundred thirty-three dollars
($20,733) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
Contractor shall not be compensated for any additional services rendered in
connection with its performance of this Agreement, unless such additional services and
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compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. If the City disputes any of
Contractor’s fees or expenses it shall give written notice to Contractor within thirty (30)
days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Contractor will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall
not be considered a default.
If the City Manager or the City Manager’s designee determines that the Contractor
is in default in the performance of any of the terms or conditions of this Agreement,
designee shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Contractor fails
to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
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and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of fifty dollars
($50) per day for each calendar day the work, or portion thereof, remains uncompleted
after the above specified completion date. Liquidated damages shall be deducted from
any payments due or to become due to the Contractor under the terms of this Agreement.
Progress payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City, at
the Contractor’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all causes
of action, claims, liabilities, obligations, judgments, or damages, including reasonable
legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s
performance of its obligations under this Agreement or out of the operations conducted
by Contractor, including the City’s active or passive negligence, except for such loss or
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damage arising from the sole negligence or willful misconduct of the City. In the event the
City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Contractor’s performance of this Agreement, the Contractor shall provide a
defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees
their costs of defense, including reasonable legal counsels’ fees incurred in defense of
such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is entitled
to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any
monies to the Contractor under this Agreement for the purpose of resolving such claims;
provided, however, City may release such funds if the Contractor provides City with
reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Contractor or any of Contractor’s officers, employees, or agents, except as set forth in
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this Agreement. Contractor shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers, employees, or agents of
the City. Contractor shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City and Contractor shall comply with Exhibit B, California Public
Contract Code Section 9204, when applicable. The City, and its officers and employees,
shall not be liable at law or in equity occasioned by failure of the Contractor to comply
with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Contractor, or any officer, employee or
agent of Contractor, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
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16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subcontractor. Contractor further
covenants that Contractor has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Attn:_______________
Quinn Company dba Quinn Power Systems
3500 Shepherd Street
City of Industry, CA 90601
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
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25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK QUINN COMPANY DBA QUINN POWER
SYSTEMS
__________________________________ By:_______________________________
Troy Brown, City Manager
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Contractor or Contractor’s employees will use personal autos in any
way on this project, Contractor shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Contractor also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
the City regardless of the applicability of any insurance proceeds, and to require
all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
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by the City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of
any cancellation or reduction of coverage. Contractor agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation or reduction of coverage imposes
no obligation, or that any party will “endeavor” (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Contractor, provide the
same minimum insurance required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Contractor 90 days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
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Quinn Company Page 14 of 18
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specification
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
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Quinn Company Page 15 of 18
to monitor the handling of any such claim or claims if they are likely to involve the
City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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Quinn Company Page 16 of 18
EXHIBIT B
PUBLIC CONTRACT CODE SECTION 9204
9204. (a) The Legislature finds and declares that it is in the best interests of the state
and its citizens to ensure that all construction business performed on a public works
project in the state that is complete and not in dispute is paid in full and in a timely
manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing
with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section
19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part
3, this section shall apply to any claim by a contractor in connection with a public works
project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties
for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on
behalf of, the contractor pursuant to the contract for a public works project and payment
for which is not otherwise expressly provided or to which the claimant is not otherwise
entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B),
a state agency, department, office, division, bureau, board, or commission, the
California State University, the University of California, a city, including a charter city,
county, including a charter county, city and county, including a charter city and county,
district, special district, public authority, political subdivision, public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out
the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that
department.
(ii) The Department of Transportation as to any project under the jurisdiction of that
department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of
that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under
its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part
3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
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(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions Code
who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the
claim applies shall conduct a reasonable review of the claim and, within a period not to
exceed 45 days, shall provide the claimant a written statement identifying what portion
of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and a contractor may, by mutual agreement, extend the time period provided in
this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a
written statement identifying the disputed portion and the undisputed portion of the
claim, and the governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly noticed meeting of the governing body after the 45-day
period, or extension, expires to provide the claimant a written statement identifying the
disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity
fails to respond to a claim issued pursuant to this section within the time prescribed, the
claimant may demand in writing an informal conference to meet and confer for
settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the public entity shall schedule
a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the public entity
shall provide the claimant a written statement identifying the portion of the claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the claim shall be processed and made within 60 days after the
public entity issues its written statement. Any disputed portion of the claim, as identified
by the contractor in writing, shall be submitted to nonbinding mediation, with the public
entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed
portion of the claim has been identified in writing. If the parties cannot agree upon a
mediator, each party shall select a mediator and those mediators shall select a qualified
neutral third party to mediate with regard to the disputed portion of the claim. Each party
shall bear the fees and costs charged by its respective mediator in connection with the
selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim
remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an independent
third party or board assists the parties in dispute resolution through negotiation or by
issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this
section.
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Quinn Company Page 18 of 18
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program, if mediation
under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of this
section shall result in the claim being deemed rejected in its entirety. A claim that is
denied by reason of the public entity’s failure to have responded to a claim, or its failure
to otherwise meet the time requirements of this section, shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the
claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at
7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against a public entity because privity of contract does not exist, the contractor may
present to the public entity a claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on their own behalf or on
behalf of a lower tier subcontractor, that the contractor present a claim for work which
was performed by the subcontractor or by a lower tier subcontractor on behalf of the
subcontractor. The subcontractor requesting that the claim be presented to the public
entity shall furnish reasonable documentation to support the claim. Within 45 days of
receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original
contractor did not present the claim, provide the subcontractor with a statement of the
reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or
specifications for any public works project that may give rise to a claim under this
section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a claim, the parties may mutually agree to
waive, in writing, mediation and proceed directly to the commencement of a civil action
or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or
grants available through a competitive application process, for the failure of an awardee
to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes
or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020.
Repealed as of January 1, 2027, by its own provisions.)
295
Customer # :442890e
Agreement # :4210
DATE:
PARTIES:First Party:QUINN COMPANY, a California corporation, dba QUINN POWER SYSTEMS
hereinafter referred to as "QUINN"; and
Second Party:City Of Moorpark
hereinafter referred to as "OWNER".
RECITALS:
1 .Quinn is a factory authorized Caterpillar dealer.
2 .Owner owns certain equipment and Owner desires to retain Quinn to perform periodic preventive maintenance
on such equipment, and Quinn is willing to perform such periodic preventive maintenance, on the terms and
subject to the conditions set forth in this Agreement.
AGREEMENT:
The parties hereto do hereby agree as follows:
1 .The Equipment. Owner now owns the following described engines and related equipment:
Please see complete list of EQUIPMENT on Exhibit C ('PREVENTIVE MAINTENANCE SCHEDULE' - Page 5)
All of the above-described item(s) are hereinafter collectively referred to as "the Equipment" and covered under
this agreement.
2 .Term. Starting from:to
above and shall continue until the end of the coverage term as stated above or terminated by either party giving
the other party thirty (30) days written notice of termination. The provisions of this Agreement relating to
indemnification and limitation of Quinn’s liability shall survive any termination of this Agreement.
3 .The Services. Owner hereby engages Quinn to render certain maintenance services to the Equipment
during the term of this Agreement as indicated below and described on Exhibit "A" attached hereto
("CSA PM LEVEL DESCRIPTIONS"-Page 3). Additional PM coverage may be added anytime at customer's request.
PM
PM
PM
PM Level 5 - Load Bank 2 hours test duration One (1) visit per year.
The following part(s) shall be replace for the above scope of work.
Engine Oil, Oil Filter(s), Fuel Filter(s). Air Filters are not included (additional cost if needed)
MAINTENANCE AGREEMENT
CSA & Support Services (800) 789-9774
ANNUAL FEE
$3,845.00
$12,447.00
(562) 463-7150 Fax
FREQUENCY
$8,737.00One (1) visit per year.
5/26/2023
5/26/2023
One (1) visit per year.Level 1 - Multi Point Inspection
Level 2 - Annual Service
5/25/2026
Level 11 - ATS Maintenance
$9,738.00
This agreement shall be for a period of three (3) years commence on the date first written
GUARANTEED PERFORMANCE
One (1) visit per year.
Page 1
EXHIBIT C
296
Customer # :442890e
CONT.Agreement # :4210
4 .
Fee. During the term of this Agreement, owner shall pay Quinn:
Total fee excluding optional LOADBANK TEST:I Accept [ ] initial
Total fee including optional LOADBANK TEST:I Accept [ ] initial
Quinn will invoice Owner in accordance with provisions of this Agreement, including all taxes, after each
visit and Owner will pay each invoice within thirty (30) days of receipt. A service charge of one and one half percent
(1.5%) per month (18% per annum) will accrue on any invoice that remains unpaid for more than thirty (30) days.
Charges for labor performed after the first year of this Agreement shall be adjusted to reflect changes in Quinn’s
standard labor charges as in effect from time to time. At each twelve (12) month interval after the date on this
document a 3% to 5% increase may be effective. If Quinn personnel arrive at the job site to perform the Maintenance
Services, and are prevented from doing so through no fault of Quinn, Owner will be charged for the serviceman’s
time and mileage in each such instance.
This Maintenance Agreement includes travel and mileage charges to and from the job site during normal business hours.
Weekend and Off-Hours requests will incur additional Labor Charges according to Exhibit "B"
Parts are estimated at time of quote and price may be subject to change at time of service.
5 .
Standards of Performance. Quinn shall perform the Maintenance Services in accordance with the standard
of care customarily employed in the heavy equipment maintenance industry. Quinn will cooperate with Owner
in scheduling performance of the Maintenance Services and Quinn will perform the Maintenance Services in a
manner to minimize interference with the Owner’s normal business operations to the extent reasonably possible.
6 .
Limited Duty and Liability. It is expressly agreed that the responsibility and liability of Quinn is strictly limited to
performance of the Maintenance Services on the Equipment. Quinn has no responsibility or liability for failure
to discover actual or potential problems in the condition or operation of the Equipment. Quinn makes no
representations, warranties, or guaranties concerning the Equipment or the operation of the Equipment.
Quinn shall have no liability for any consequential damages or lost profits suffered or incurred by Owner. It is
expressly agreed that the total liability of Quinn to Owner whether such liability is based upon breach of contract,
tort, or any other theory, shall be limited to an amount equal to the total fee payable by Owner to Quinn during
the twelve (12) month period prior to such claim. It is further understood by Owner that Quinn would not enter
into this Agreement or perform the Maintenance Services without obtaining the benefit of the above-described
limitation on Quinn’s liability to Owner.
7 .
General Provisions. This Agreement sets forth the entire agreement of the parties hereto concerning the subject
matter of this Agreement. This Agreement may only be modified or amended by an agreement in writing
executed by each of the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date first written above.
QUINN COMPANY, a California corporation
dba QUINN POWER SYSTEMS
BY:Fernando Gonzalez
TITLE:Product Sales Service Rep.
Date:
Owner:City Of Moorpark
BY:_________________________________
TITLE:_________________________________
PO #:_________________________________
Date:_________________________________
$39,267.00
5/26/2023
$29,529.00
Page 2
297
(562) 463-7150 Fax Customer # :442890e
EXHIBIT "A"Agreement # :4210
PM Level 1 Multi Point Inspection <-----COVERED PM Level 3 - Cooling System Service
* Comprehensive detailed inspection of units is performed.* Drain, contain and dispose of waste coolant.
* Check/Adjust all fluid levels and pressures for correct operation.* Replace all coolant hoses and clamps.
* Check and inspect air cleaner restriction gauge and air filter element.* Replaced the radiator pressure cap(s)
* Check primary source fuel tank for water with water finding paste.* Replaced the engine thermostat(s) and associated gasket(s).
* Check Day tank, Fuel tank, Fuel line fittings for leaks.* Replaced the engine fan belt(s) and alternator drive belt(s).
* Check Cooling System hoses, caps, clamps for brittleness, leaks, cracks,* Refill system with proper amount of glycol antifreeze and conditioners.
and weakness.* Test run unit to operating temperature, under load when authorized by
* Check battery voltages, charging rates, fluids, and specific gravities / ICV's. site personnel.
* Engine cranking Batteries will be tested under start up load for voltage drop.* Return unit back to original mode of operation.
* Block Heater elements and inlet/outlet t-stats are checked for proper * Submit report to customer.
output and operation.PM Level 7 - Starting Battery Replacement
* Engine Fan Drive and Belts are inspected and adjusted for proper tension * Engine cranking batteries are removed and replaced.
and condition.* Engine cranking batteries will be tested under start up load for voltage drop.
* Check Turbo Charger rotation / end play if so equipped.* Old Battery disposal is provided.
* Check generator brushes for proper tension/setting as equipped.* Test run unit without load.
* Check and document Control Panel instruments for proper operation * Return unit back to original mode of operation.
and values.* Submit report to customer.
* Grease bearings, fan shafts, linkages, and equipment fittings as required.PM Level 11 - Automatic Transfer Switch Inspection <-----COVERED
* Hot oil sample taken and submitted for analysis.* De-energize the transfer switch, when possible.
* Test safety alarms and contacts.* Clean unit of dust and dirt accumulations.
* Run unit under load for up to 15 minutes when authorized by site authority.* Clean open-type relays of dust/grease or oil.
* Submit report to customer.* Visually inspect unit for signs of arching, burning, hot spots, charring,
PM Level 2 Annual Service-Major w/ Multi Point Inspection <-----COVERED or other damages.
* All items from PM Level 1 are performed, PLUS * Inspect for loose, broken or badly worn parts.
* Change crankcase oil, oil filter(s), fuel filter(s), water separator(s)* Check terminal lugs and trip units for tightness / signs of overheating.
as equipped. Air Filters are not included (additional cost if needed)* Check main current carrying contacts for arching, pitting, and discoloration.
* Clean main contacts if needed, check and re-tighten if needed.
* Check manual switches for free movement and contact continuity.
* Submit report to customer.* Check and adjust relay finger contacts if needed.
PM Level 4 Minor Inspection * Lubricate all components for proper operation as needed.
* Perform general walk around inspection of unit. * Check plug connections, if equipped.
* Fluid levels are spot checked for correct operating range.* Check door closure, locking bars and handle mechanism for proper operation.
* Inspect air filter element.* Check exercise timer if equipped.
* Fuel tank/engine fuel line fittings are inspected for leaks and tighten as required.* Perform transfer test of ATS under load when authorized by site personnel.
* Coolant hoses inspected for brittleness, leaks, cracks, and weakness.* Check all components/timers for proper operation and sequencing.
* Engine cranking batteries will be tested under start up load for voltage drop.* Check main power connections for heat build-up with infra-red gun or provide
* Jacket water heater element & thermostats are checked for proper operation. optional PM Infra-Red scan.
* Engine drive belts inspected for proper tension and condition.* Timers reset to customer specifications and placed in automatic mode.
* Control panel instruments checked for proper operation.* Return unit back to original mode of operation.
* Unit is run for 10 minutes, under no load.* Submit report to customer.
* Return unit back to original mode of operation.PM Level 17 - Infra-Red Thermography Inspection
* Submit report to customer. * Problems can develop when electrical components generate excessive heat
PM Level 5 - Loadbank Test due to deterioration, loose connections, or overloads. An Infra-Red inspection
* Connect resistive load bank as applicable to generator. is recommended to be performed on all of the following areas: generator output
* Run Test with requested load for 2 hours test duration connections, cables, bus, and generator breakers, while system is energized.
* Record reading every 15 minutes at 100% of name plate rating for above duration Inspection consist of:
0 * Set-up of Thermo graphic Imaging Infra-Red camera.
0 * Conduct infre-red scanning inspection.
* Disconnect load bank from unit.* High resolution photographs will accompany recommendations for corrective
* Return unit back to original mode of operation. action or repair, and will assist overall as a critical part of any complete
* Provide recommendation based on test results. predictive or conditional based maintenance program.
* Submit report to customer.* Submit report to customer after technical review has been completed.
PM Level 22 - UPS Service
* Draw fuel sample from fuel tank & submit to lab for analysis during PM Sevices * Services include manufacturer recommended equipment service & inspection
* Provide report to customer. for ir and rotary type systems
* Performance will be based upon the specific manufacturer scopes of work
* Restores fuel to optimum condition by eliminating entrained & suspended contaminants and whether or not the equipment is energized or de-energized.
* All particulates filtered down to 10 microns * All services are performed only as unit is equipped and as our technician is
* Removal & disposal of all bottom water, kills bacteria & fungus, apply diesel treatment authorized.
* Provide report to customer.* Submit report to customer.
PM Level 10 - Megohmmeter Alternator Winding
* This test should be performed as part of periodic maintenance in order to
detect the deterioration of the winding insulation.
* Perform megohmmeter test on generator winding and measure winding
insulation resistance.
* Submit report to customer.
PM Level 8 - Fuel Sampling
CSA PM LEVEL DESCRIPTIONS
PM Level 9 - Fuel Polishing
<-----COVERED
CSA & SUPPORT SERVICES (800) 789-9774
Page 3
298
(562) 463-7150 Fax Customer # :442890e
EXHIBIT "B"Agreement # :4210
For regular or emergency service, please call the following numbers:
During normal working hours (7:00AM to 05:00PM Monday – Friday) call:
Customer Service…………………………......…….….......…………………………….
Sales Representative…………………………………………………………………Fernando Gonzalez
Service Supervisor………………………………………………………………………….Clifford Yamada (805) 278-87312
CSA Coordinator..…………….………………………………….Faviola Gonzalez
After hours, Saturdays, Sundays and holidays, call ….….…………………………….
Standard rate: (7:00AM to 03:30PM per hour – Shop
Monday through Friday excluding Holidays) per hour – Field
Overtime rate : (after 03:30PM and per hour – Shop
Saturdays/Holidays) per hour – Field
Premium time : (over 12 hours per per hour – Shop
day or Sunday) per hour – Field
Travel (truck charges)Travel Time @ Hourly Rate
Customer Support Agreement Contact Info
EMERGENCY NUMBERS
CSA & SUPPORT SERVICES (800) 789-9774
(805) 278-8715
(805) 278-8705
7 days a week with a response time of 4 hours or less.
(800) 789-9775
CONTRACT CUSTOMER LABOR RATE ARE AS FOLLOWS:
CONTRACT RATE STANDARD RATE
$150.00
(805) 512-0859
(805) 278-8731
All call outs requested OFF normal business hours; Monday through Friday, Saturdays, Sundays, and Holidays will be required to pay an
hourly minimum of four (4) hours according to the prevailing billable rates within Exhibit "B". The above discounted labor rates will remain in
effect until annual addendum review or upon termination of this agreement as covered in paragraph 2 under the general agreement terms.
801 Del Norte Blvd., Oxnard, CA 93030
OXNARD BRANCH
Quinn Power Systems will provide “On Call” emergency service 24 hours per day,
$300.00 $380.00
$300.00 $380.00
$190.00
$150.00 $190.00
$225.00 $285.00
$225.00 $285.00
Page 4
299
Customer # :442890e
EXHIBIT "C"Agreement # :4210
Customer:City Of Moorpark Date:
Address:799 Moorpark Ave Phone No.
Moorpark CA 93021 Fax No.
Prepared by:
Attention:Robert Valery
Perform Preventive Maintenance Service and Inspections on the Following.
Engine Description
PM Level1
MultiPoint
Inspection
PM Level 2
Annual
Service
PM Level 11
ATS Inspection
PM Level 5
Loadbank Test
Coolant
Flush
ANNUAL
COST
Year 1
Olympian 94A04891-S, SN 2016394 LABOR:$375.00 $535.00 $0.00 $875.00 $750.00 $0.00 N/A $0.00 $0.00
#1: 799 Moorpark Ave, MOORPARK EST. PARTS:$38.00 $425.00 $0.00
Year 1
Kohler 230REOZDB, SN 2032595 LABOR:$375.00 $670.00 $0.00 $975.00 $1,150.00 $0.00 N/A $0.00 $0.00
#2: 610 Spring Rd, Moorpark EST. PARTS:$38.00 $773.00 $0.00
Year 1
Kohler 275REOZJE, SN 3010093 LABOR:$375.00 $670.00 $0.00 $975.00 $1,250.00 $0.00 N/A $0.00 $0.00
#3: 610 Spring Rd, Moorpark EST. PARTS:$38.00 $947.00 $0.00
Year 2
Olympian 94A04891-S, SN 2016394 LABOR:$387.00 $552.00 $0.00 $902.00 $773.00 $0.00 N/A $0.00 $0.00
#1: 799 Moorpark Ave, MOORPARK EST. PARTS:$40.00 $446.00 $0.00
Year 2
Kohler 230REOZDB, SN 2032595 LABOR:$387.00 $690.00 $0.00 $1,005.00 $1,185.00 $0.00 N/A $0.00 $0.00
#2: 610 Spring Rd, Moorpark EST. PARTS:$40.00 $812.00 $0.00
Year 2
Kohler 275REOZJE, SN 3010093 LABOR:$387.00 $690.00 $0.00 $1,005.00 $1,288.00 $0.00 N/A $0.00 $0.00
#3: 610 Spring Rd, Moorpark EST. PARTS:$42.00 $995.00 $0.00
Year 3
Olympian 94A04891-S, SN 2016394 LABOR:$399.00 $569.00 $0.00 $930.00 $796.00 $1,200.00
#1: 799 Moorpark Ave, MOORPARK EST. PARTS:$42.00 $446.00 $0.00 $200.00
Year 3
Kohler 230REOZDB, SN 2032595 LABOR:$399.00 $710.00 $0.00 $1,035.00 $1,220.00 $1,200.00
#2: 610 Spring Rd, Moorpark EST. PARTS:$42.00 $812.00 $0.00 $350.00
Year 3
Kohler 275REOZJE, SN 3010093 LABOR:$399.00 $710.00 $0.00 $1,035.00 $1,326.00 $1,200.00
#3: 610 Spring Rd, Moorpark EST. PARTS:$42.00 $995.00 $0.00 $350.00
Note: Parts are estimated at time of quote and price may be subject to change at time of service.
$39,267.00
$3,845.00 $12,447.00 $0.00 $8,737.00 $9,738.00 $0.00 $4,500.00 $0.00 $0.00 $39,267.00
$5,768.00
$6,057.00
$3,981.00
805-523-8836
Fernando Gonzalez
(805) 278-8715
PREVENTIVE MAINTENANCE SCHEDULE
CSA & SUPPORT SERVICES (800) 789-9774
5/26/2023
$2,998.00
805-517-6360
$3,100.00
$4,407.00
$4,582.00
$4,119.00
$4,255.00
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