Anaheim City Council
January 28, 2025

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

MASTER AGREEMENT
CONTRACT NUMBER MA# 106-498313

BETWEEN

CITY OF ANAHEIM
AND

QUINN COMPANY
FOR
TRANSFER SWITCHES: MAINTENANCE AND TESTING SERVICES

This Agreement MA# 106-498313 for Transfer Switches Maintenance and Testing Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim, (hereinafter referred to as “City”), with a place of business at 200 S. Anaheim Blvd., Anaheim, CA 92805 and Quinn Company (hereinafter referred to as “Contractor”), with a place of business at 10006 Rose Hills Rd., City of Industry, CA 90601, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.

ATTACHMENTS

This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work and Specifications
Attachment B – Pricing, Payment and Compensation

RECITALS

WHEREAS, the City, a municipal corporation duly organized and validly existing under the laws of the State of California and the Charter City of Anaheim, issued a Request for Bid (RFB) BID # 9834 for Transfer Switches: Maintenance & Testing Services; and
WHEREAS, the Contractor responded to the RFB for Transfer Switches: Maintenance & Testing Services, and represented that its proposed services shall meet or exceed the requirements of the City; and, WHEREAS, the City desires to enter into a Master Agreement, (hereinafter referred to as “Contract”) for Transfer Switches: Maintenance & Testing Services with the Contractor as further set forth in this Contract and subsequent attachments effective on the date of execution, for a one-year base period, and up to four one-year optional renewals; and,
WHEREAS, the Contractor agrees to provide the services based on the Scope of Work, attached hereto as Attachment A; and
WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing, Payment, and Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

ARTICLES

I. General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.

D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out -of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.

E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, sampl es or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.

F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arr ears after satisfactory acceptance.

G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Ac ceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non -compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act.

Such remedies shall be in addition to any other remedies provided by law.

H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified throu gh services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requ irement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim (s), including, costs and expenses but not including attorney’s fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contra ctor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.

N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract.

Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the do cuments). Checks or letters of credit will not be accepted in lieu of bonding.

When work will be performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. This requirement may be satisfied by execution of a waiver confirming exemption from the California workers compensation statutory requirements if there are no statutory employees.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to ANAHEIM, in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

Commercial Automobile Liability Coverage, as required by California law, including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to ANAHEIM, in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

Contractor is responsible for satisfaction/payment of all deductibles and Self-Insured Retentions (SIR).

Contractor may satisfy these requirements with primary and excess/umbrella coverage subject to review and acceptance by the Risk Manager for City.

City’s Risk Manager is authorized to amend the requirements or approve exceptions to the above requirements as set forth herein in the event such reductions or Contractor generated exception requests or amendments as to form is/are in City’s best interest.

Each insurance policy or certificate of insurance required by this Contract shall contain the following clauses:

“In the event of any payment under this policy, we waive our right of recovery against the City of Anaheim and their respective officers, officials, and employees.”

Each insurance policy or certificate of insurance required by this Agreement, excepting policies for workers’ compensation, shall contain the following clauses or endorsements:

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

"It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of, and not contribute with coverage provided by this policy."

"The City of Anaheim, their officers, officials, and employees are added as additional insureds per the Insurance Services Office Inc. form endorsement known as CG 20 11 01 96 ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES, or, as an alternative, either an endorsement or insurance policy language which provides coverage, terms, and conditions to said additional insureds which are equal to or better than the coverage, terms, and conditions provided by the CG 20 11 01 96 endorsement.”

Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.

City of Anaheim to be named as Additional Insured. All policies shall provide for a minimum of 30 days written notice of any change or cancellation. Insurance policies to be in a form and written through companies acceptable to the City.

Insurance certificates should state:

City of Anaheim
Attn: Public Works – Operations Building
400 S. Vermont St.

Anaheim, CA 92805

P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.

Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instrument s of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.

City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.

In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Co ntract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.

Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering g ifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause b eyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.

X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Con tract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.

Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether City, Contractor, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims and (ii) shall survive the termination of this Agreement.

AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentati on, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confi ned to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.

Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s Project Manager.

BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited , City may immediately terminate or modify this Contract without penalty.

CC. Expenditure Limit: Contractor shall notify City of Anaheim in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.

DD. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

Additional Terms and Conditions:

1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure Transfer Switches: Maintenance and Testing Services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.

2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and be effective for one (1) year, with the option to renew for (4) additional one (1) year terms, unless otherwise terminated by City.

3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.

4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly pr ocure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

6. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11 135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.

7. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.

8. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

a. Terminate Contract immediately, pursuant to Article K herein; and

b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and

c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and

d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

9. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.

10. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.

11. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.

Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacemen t of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.

12. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.

13. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.

14. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.

15. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

16. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

17. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:

a. The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.

b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.

c. In the event a dispute in which the welfare of City residents is at stake and/or immediate procurement action is required to prevent serious economic or other hardship to the City, the CPM, or designee may

Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contracto r’s failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.

18. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Se ction 8355(a)(1).

b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:

i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:

i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.

19. Emergency/Declared Disaster Requirements : In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.

The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster s hall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.

20. Errors and Omissions : All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.

Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City app roval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.

21. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the pr ovisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

22. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.

23. Mandatory Kick-Off Meeting: Upon award of the Contract, the awarded Contractor’s(s) may be required to attend a mandatory kick -off meeting with City representatives to discuss important information related to the scope of work, the Contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the Contract.

24. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.

25. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Mana gers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Contractor: Quinn Company
Attn: Rayden King
Address 10006 Rose Hills Rd.

City of Industry, CA 90601
Telephone: (949) 818-6982
Email: [email protected]

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

City Project Manager: Public Works
Attn: Alma McClure
Address 200 S. Anaheim Blvd.

Anaheim, CA 92805
Telephone: (714) 765-6822
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Maira Quezada
Address 200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-5218
Email: [email protected]

26. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.

27. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

28. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereu nder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.

29. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set for th in the recitals and articles of this Contract, and then the exhibits and attachments.

30. Prevailing Wage:
a. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. b. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of County's OC Public Works/OC Facilities & Asset Management/A&E Project Management or visit the website of the Departmen t of Industrial Relations, City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.

c. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site. d. Registration of Contractor : All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 177 1.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:

• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance

If the project meets or exceeds these amounts, the County and the Contractor are required to register the project with the California Department of Industrial Relations. e. Payroll Records : Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.

The requirements of Labor Code Section 1776 provide, in summary:
i. Contractor and any Subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to e ach journeyman, apprentice, worker, or other employee employed by Contractor or any Subcontractor(s) in connection with the work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct.

ii. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.

iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

iv. Contractor shall inform County of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.

v. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have 10 days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to County, forfeit $100, or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncomplian ce pertains, until strict compliance is effectuated.

Contractor acknowledges that, without limitation as to other remedies of enforcement available to County, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards E nforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
vi. Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq. and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of County’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
f. Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty (40) hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the County Twenty -Five Dollars ($25) for each wor ker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1 -1/2 times the basic rate of pay.
g. Wage Rate Penalty: Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any Subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or Subcontractor(s) under Contract. h. Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship s tandards and fixing the ratio of apprentices to journeymen employed in performing the work.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, he Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.

The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.

31. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by Contractor without the express written consent of County. Any attempt by Contractor to subcontract any performance of this Contract without the express written consent of Coun ty shall be invalid and shall constitute a breach of this Contract.

In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.

32. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.

33. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contrac t, regardless of quantity requested.

34. Usage Reports: Contractor shall submit usage reports on an annual basis to the Assigned Buyer.

The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

CONTRACT SIGNATURE PAGE

IN WITNESS WHEREOF , the Parties hereto have caused this Contract to be executed on the dates hereinafter respectively set forth.

DATE OF EXECUTION:

CITY OF ANAHEIM
a municipal corporation

By:

Kari Bouffard, Purchasing Agent

DATE OF EXECUTION:

QUINN COMPANY*

By:

Title:

Printed Name:

DATE OF EXECUTION:

QUINN COMPANY*

By:

Title:

Printed Name:

ATTEST:

By:

City Clerk of Anaheim
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY

By:

Title:

Printed Name:

* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above -described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resoluti on demonstrating the legal authority of the signee to bind the corporation.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

ATTACHMENT A

SCOPE OF WORK

I. Equipment Specifications/Locations

A. Refer to Page 26 of Attachment A - ATS Equipment Specs/Location.

B. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable manufacturers’ published specifications and industry standards for items being repaired or replaced.

C. Use only brand new, factory-sealed products unless CR authorizes otherwise.

II. Contractor Responsibilities

A. The basic requirements are defined as follows:

1) Provide all equipment, parts, and labor to complete all Transfer Switch Annual Maintenance and Annual Testing.

2) Perform all inspection, calibrating, testing, and reporting in strict conformance to all applicable legal requirements including, but not limited to, the National Fire Protection Association NFPA, 2002 National Electric Code Article, and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

3) Comply with and be fully responsible at all times for being up to date regarding all applicable legal requirements.

4) Provide sufficient time to complete services in a manner consistent with that as directed by Anaheim or detailed in the scope of work.

5) Coordinate services with the City Representative (CR) or their designee.

6) Check-in and check-out with the CR or their designee when servicing units.

7) Complete and provide a copy of Contractor’s written service report, including any suggested/needed repair work, of all information collected during the service and testing of the switches, and submit to Anaheim’s CR or their designee upon completion of work.

8) Provide proper insurance coverage for the duration of the contract, naming City as an additional insured.

9) Be capable of providing the required services per these specifications.

III. Scope of Work and Specifications

A. Scope of Work Requirements: Bid Specific

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

1) Contractor shall perform annual automatic transfer switch maintenance services and testing.

2) Testing shall be done once per year and shall coincide with annual maintenance services.

3) All work must be performed to meet the specifications/recommendations of the specific automatic transfer switch manufacturer. The below items are examples of minimum tasks typically performed but are not to be considered as being all inclusive.

.

IV. Annual Maintenance:

A. Visual and Mechanical Inspection:

1) Inspect for physical damage, anchorage and grounding.

2) Clean and lubricate transfer mechanism; check alignment and operation in accordance with manufacturer’s instructions

3) Check switch to ensure positive interlock between normal and alternate sources

4) Main contact Millivolt drop levels.

5) Main Contacts and connection temperature scan.
.

B. Set and calibrate in accordance with City’s specifications:

1) Voltage sensing relays.

2) Transfer time delay relay.

3) Engine exercise time.

4) Engine shutdown relay.

C. Monitor and verify correct operating and timing.

1) Normal voltage sensing relays.

2) In-phase monitor.

3) Engine start sequence.

4) Time delay upon transfer.

5) Engine exercise monitor.

6) Alternate voltage sensing relay.

7) Timing delay and retransfer upon normal power restoration.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

8) Engine shutdown feature.

9) Indicating lights.

D. General Requirements

1) Note that per the Business and Professions Code ss. 7059: “In no case shall the…[Contractor] whose classification constitutes less than a majority of the project [perform the project unless]…the performance of the work in the crafts or trades, other than in which [Contractor] is licensed, is incidental and supplemental to the performance of the work in the craft for which the [Contractor] is licensed.…All work to be performed outside of [Contractor’s] license specialty, except work authorized by [the aforementioned], shall be performed by a licensed subcontractor…”

2) Perform all work according to all applicable industry-standards and to the highest quality commensurate with the required work.

3) Ensure that all work is done only by experienced and professional personnel.

4) Provide everything necessary to complete the maintenance work and testing including but not limited to labor, equipment, materials, consumables, etc.

5) Ensure that all work properly and neatly fits the adjacent existing materials.

6) Perform work according to any applicable manufacturer’s specifications.

7) Provide a 24/7 call number for emergency repair work.

8) Respond in the time required.

9) Remove and properly dispose of any to-be-replaced materials.

10) Provide, to the CR, all documentation, altered diagrams, updated or new manuals, and the like within 7 calendar days after the repairs have been affected.

E. Repair Requirements

1) Diagnose and recommend an appropriate solution to remedy the damage or defect according to all applicable manufacturers’ specifications, Standard Specifications for Public Works Construction, and industry standard practices.

2) Provide, to the CR, an estimate of the repair costs at the hourly rates and materials plus markup percentage amounts as indicated in the eBid Line Items.

3) Make approved repairs as soon as possible, but only after CR so authorizes.

4) Prepare the to-be-repaired area.

5) Verify that the repair has been completed properly and the all adjacent work is not adversely affected.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

F. City Provisions

1) Note that the City will provide access to all work areas. 2) Notify City if other items, such as drawings, diagrams, manuals are required to perform the repair services, which City will promptly provide if available.

G. Specifications Conflict

1) All applicable laws, ordinances, codes, and local building codes shall govern over any drawings, over City of Anaheim written specifications, and referred to specifications.

2) Any issued addendums as part of the bid specifications shall govern over its predecessor.

3) Any conflicts between the requirements of the specification, related specifications, addendums, purchase orders, master agreements, or drawings, shall be referred to City for clarification prior to proceeding with any work of the effected equipment or components thereof.

4) City will determine precedence in the event of any conflict or ambiguity.

H. Industry Standards, Legal and Best Practice Requirements

1) Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer’s published specifications and industry standards.

2) Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements.

3) Perform all work and related activities in conformance with all applicable Drainage Area Management Plan (DAMP) and the Anaheim’s Local Implementation Plan (LIP), which include but are not limited to:

a) Train all personnel to a level equal or greater than the prescribed LIP. b) Perform all field activities in accordance with this training which should include, at a minimum, applicable Best Management Practices (BMP’s) (referenced in LIP and found online at Municipal BMP Handbook | California Stormwater Quality Association (casqa.org), specifically SC-41 and SC-43.

c) Adhere to Anaheim Municipal Code Section 10.09: more specifically that Contractor activities shall not cause or contribute to the discharge of a pollutant to the storm drain system (street, catch basins or ribbon gutter, etc.), including mop water, or wash-water of any kind.
d) Abide by all applicable State and Federal Water Quality Regulations. 4) Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

5) Be responsible for and bear all costs, expenses, fines, and penalties arising from and associated with any work, actions, and or violations performed contrary to any laws, ordinances, codes, rules or regulations.

I. Environmental Requirements

1) Comply with all current applicable local, state, and federal requirements.

2) Supply trash container for non-hazardous materials only.

3) Take all appropriate measures to fully protect all persons, property, work, and adjacent areas that are in, near, or within possible sphere that could be affected by the work before, during, and after work.

4) Remove from the work site and dispose of all spent materials, hazardous materials, debris, and the like according to all applicable legal requirements.

5) Do NOT accumulate waste materials unless CR so authorizes.

6) Do not reuse any removed materials unless CR so authorizes.

J. Noise Pollution and Dust Control

1) Comply with all local sound control and noise level regulations and ordinances.

2) Be especially sensitive when working prior to 7:00 am or after 10:00 pm.

3) Coordinate with CR circumstances requiring special consideration and permits.

K. Site Conditions

1) Note site conditions will vary significantly from location to location and the locations may be occupied by City employees and the Public.

2) Ensure that existing site conditions have been incorporated into your bid prices.

L. Safety

1) Note it is Contractor’s responsibility to be fully self-informed regarding all legal and industry standard requirements regarding all applicable safety requirements.

2) Ensure that all Personal Protective Equipment (PPE) is provided as-needed for all persons engaged in work.

3) Exercise all necessary and reasonable precautions regarding safety of persons and property in performance of the contract requirements and while on site.

4) Ensure that all safety requirements are exercised at all times during performance of the work including any WATCH manual requirements, barricading, taping, coning, plating, and the like.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

5) Maintain clear access to all entries and exits.

M. Security

1) Provide temporary security measures for the work site, to secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by public.

2) Do not admit any person into the work area who is not an employee of City, Contractor, or subcontractor.

3) Wear identification at all times, which shall be furnished by Contractor.

4) Turn off all inside lights, if working inside, except emergency lights, at the end of the working day.

N. Work Schedules

1) Perform all work per an agreed-upon schedule with CR.

2) Coordinate schedule changes due to inclement weather or blackout dates.

O. Work Delays and Liquidated Damages

1) Note force majeure applies only when delays are clearly beyond control of or could not have been anticipated by Contractor. City will grant a time extension equivalent to exact number of working days as caused by the force majeure incident. City will not grant any monetary relief unless City caused the delay, then only for mobilizing and demobilizing costs, which shall be subject to negotiation.

2) Agree to liquidated damages for exact number of working days when delays are within the control of or could have been anticipated by Contractor.

3) City may assess Contractor liquidated damages per Table 1: Liquidated Damages (not as a penalty) to accommodate the work time extension and for safety violations and damages.

P. Materials and Equipment

1) Furnish Original Equipment Manufacturer items unless CR authorizes otherwise.

2) Furnish materials and supplies that meet or better all applicable specifications of the items being repaired.

3) Note that City may specify materials, manufacturer, grade, type, color, etc., which Contractor must utilize.

4) Provide evidence of purchased costs for materials exceeding $1000.00, including sales tax, per repair.

Q. Delivering and Staging of Equipment and Materials
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

1) Materials and equipment needed for this project may be stored on-site as specifically authorized by the CR. Be responsible for public health and safety related to delivered materials.

2) Remove, from City facilities, all materials, tools, and equipment immediately after completion of a job.

R. Damages

1) Protect materials, products, and facilities against damage for project duration.

2) Make repairs, at Contractor’s sole expense, for Contractor-attributed damages within 5 days; Contractor’s failure to make repairs by required time may cause City to affect repairs and charge same to Contractor or deduct from invoices due, plus administrative costs.

S. Unsatisfactory Work

1) City will NOT pay for any unsatisfactory work.

2) City may utilize alternate sources to correct any Contractor-attributed deficiency that Contractor fails to correct within 5 calendar days of notice and City will deduct from Contractor’s payment the total cost including City overhead.

T. Deliverables

1) Provide a list of materials and specifications used in work and as-built drawings.

2) Note that additional deliverables are required in the Scope of Work maintenance.

U. Warranty

1) Note some equipment may have warranties and all materials utilized and all work performed must be within manufacturer’s warranty requirements; City will provide any known warranty requirements.

2) Warrant, at Contractor’s sole expense, from date of acceptance: all work for at least 90 days; all materials replaced by Contractor for at least one year.

3) Submit manufacturer’s warranty documentation to support replaced equipment.

4) Perform all in-warranty work, at no cost to City, within seven calendar days for routine requirements or within three business days of emergency after written notification from CR.

V. Response Times

1) Routine
a. ROUTINE is when there is NO significant interruption in operation. b. Be at work site at agreed-upon time; generally, work will be Regular Time.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

2) Urgent
a. URGENT is a partial malfunction causing any significant interruption. b. Be at work site at agreed-upon time within 8 working hours of notification, 24/7/365.

3) Emergency
a. EMERGENCY is a complete malfunction causing a complete interruption. b. Be at work site at agreed-upon time within 2 hours of notification, 24/7/365.

4) Premium Time
a. Any work permitted by City during holidays and performed by Contractor is not subject to any premium (overtime, etc.) rates.
b. Any work required by City during holidays and performed by Contractor is subject to premium rates based on Contractor’s eBid rates.

Tables

1. Table 1: Labor Rates, Days, and Hours:

LN DESCRIPTION DAYS HOURS
1 LABOR: REGULAR
TIME
M, T, W, Th, F 7:00am to 4:00pm
2 LABOR: OVERTIME M, T, W, Th, F 4:00pm to 9:00pm
M, T, W, Th, F 4:00am to 7:00am
Saturday 7:00am to 4:00pm
3 LABOR: DOUBLE-TIME M, T, W, Th, F 9:00pm to 4:00am
Saturday 4:00pm to 7:00am
Sunday/ Holidays ALL DAY

2. Table 2: Liquidated Damages:

LN VIOLATION PER

OCCURRENCE
1 Emergency response: >2 working hours $250.00
2 Urgent response: >8 working hours $150.00
3 Routine Work: late or missed $100.00
4 Safety: failure to provide appropriate safety measures $500.00 5 Damages $500.00

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

ATTACHMENT B

PRICING, PAYMENT AND COMPENSATION

1. Compensation: This is a time and materials Contract between City and Contractor for Transfer Switches: Maintenance and Testing Services as set forth in Attachment A, “Scope of Work”.

Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountere d in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, accessories, provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.

2. Pricing List: Fees quoted shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encounter ed in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.

Item# Section Item Code Description UOM QTY Unit Price
1 Anaheim
Convention
Center: Price to be
Lump Sum. Arena
MFG: Cummins, Model: OTPCC-
5569444, S/N 1020415693, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
2 Anaheim
Convention
Center: Price to be
Lump Sum. Hall C
MFG: Zenith, Model: ZTSL100FC-7, S/N
1902586, Address: 800 w. Katella -
LUMP SUM EA 1 $570.00
3 Anaheim
Convention
Center: Price to be
Lump Sum. Hall A
MFG: Zenith, Model: ZTSL60FC-7, S/N
1902587, Address: 800 w. Katella -
LUMP SUM EA 1 $570.00
4 Anaheim
Convention
Center: Price to be
Lump Sum. Hall E
MFG: Zenith, Model: ZTSL60FC-7, S/N
1304928, Address: 800 w. Katella -
LUMP SUM EA 1 $570.00
5 Anaheim
Convention
Center: Price to be
Lump Sum. Hall B
MFG: Zenith, Model: ZTSL60FC-7, S/N
1902585, Address: 800 w. Katella -
LUMP SUM EA 1 $570.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

6 Anaheim
Convention
Center: Price to be
Lump Sum. Hall D
MFG: Westinghouse, Model:

ATSBM40800XS, S/N 5T1711, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
7 Anaheim
Convention
Center: Price to be
Lump Sum. ACC NORTH
MFG: Cummins, Model: OTPCC-
1618025, S/N D16M949657, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
8 Anaheim
Convention
Center: Price to be
Lump Sum. ACC NORTH
MFG: Cummins, Model: OTPCC-
1618027, S/N D16M949658, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
9 Anaheim
Convention
Center: Price to be
Lump Sum. ACC NORTH
MFG: Cummins, Model: OTPCC-
1618027, S/N D16M949659, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
10 Anaheim
Convention
Center: Price to be
Lump Sum. ACC NORTH
MFG: Cummins, Model: OTPCC-
1618027, S/N D16M949660, Address:
800 w. Katella - LUMP SUM EA 1 $570.00
11 Anaheim
Convention
Center: Price to be
Lump Sum. ACC NORTH
MFG: Cummins, Model: OTPCC-
1618026, S/N D16M950012, Address:
800 w. Katella - LUMP SUM EA 1 $570.00

12 Water Production:

Price to be Lump
Sum. Well 40
MFG: Asco, Model:

H03ATSA31000NGXC, S/N: 2701904-
001RE, Address: 1664 S. Brookhurst
St.- LUMP SUM EA 1 $570.00
13 Water Production:

Price to be Lump
Sum. Well 45
MFG: Asco, Model:

H03ATSA31200NGXC, S/N: 2490745-
004RE, Address: 2004 E. Katella Ave. -
LUMP SUM EA 1 $570.00
14 Water Production:

Price to be Lump
Sum. Well 48
MFG: G.E. Zenith, Model:

Z555B0803N-07E505X, S/N: 1519189,
Address: 445 N. Gilbert St. - LUMP
SUM EA 1 $570.00
15 Water Production:

Price to be Lump
Sum.

Well 52
(Manual
switch)
MFG: G.E. Zenith Model:

ZG4MA06031-05M509X, S/N:
1507293, Address: 3485 E. Miraloma
Ave.- LUMP SUM EA 1 $570.00
16 Water Production:

Price to be Lump
Sum. Well 53
MFG: G.E. Zenith Model:

ZS5SB0803N-07, S/N: 1441210,
Address: 1211 S. Magnolia St. - LUMP
SUM EA 1 $570.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

17 Water Production:

Price to be Lump
Sum. Well 54
MFG: Asco, Model:

H03ATSA31200NGXC, S/N: 2490745-
001RE, Address: 123 E. Ellsworth Ave.
- LUMP SUM EA 1 $570.00
18 Water Production:

Price to be Lump
Sum. Well 55
MFG: G.E. Zenith Model: ZTSL120EX-
5, S/N: 1313528, Address: 1713 S.

Clementine St.- LUMP SUM EA 1 $570.00
19 Water Production:

Price to be Lump
Sum. Well 56
MFG: G.E. Zenith Model:

ZS5SB0603N-05E600X, S/N: 1587125-
1, Address: 1617 W. Crone Ave.-
LUMP SUM EA 1 $570.00
20 Water Production:

Price to be Lump
Sum. LV 400
MFG: Asco, Model: E9403300097X,
S/N: 541716-1, Address: 1411 N.

Tustin Ave.- LUMP SUM EA 1 $570.00
21 Water Production:

Price to be Lump
Sum. LV 400
MFG: Asco, Model: E9403300097X,
S/N: 541716-1, Address: 1411 N.

Tustin Ave.- LUMP SUM EA 1 $570.00
22 Water Production:

Price to be Lump
Sum. LV 555
MFG: Asco, Model: E9403300097X,
S/N: 541716-2, Address: 1411 N.

Tustin Ave. - LUMP SUM EA 1 $570.00
23 Water Production:

Price to be Lump
Sum. LV 555
MFG: Asco Model: E9403300097X,
S/N: 541716-2, Address: 1411 N.

Tustin Ave. - LUMP SUM EA 1 $570.00
24 Water Production:

Price to be Lump
Sum.

LV Control/IX
Building
MFG: Eaton Model:

ATVC9F5X31600XRU, S/N:
230410TA00FF, Address: 1411 N.

Tustin Ave. - LUMP SUM EA 1 $570.00
25 Water Production:

Price to be Lump
Sum. Parkview 1-4
MFG: Asco, Model: E9623100097XC,
S/N: 394616001, Address: 6751
Walnut Canyon Rd.- LUMP SUM EA 1 $570.00
26 Water Production:

Price to be Lump
Sum. Parkview 5&6
MFG: Asco, Model:

H07ATS030800N5X0, S/N: 599894 RE,
Address: 6751 Walnut Canyon Rd.-
LUMP SUM EA 1 $570.00
27 Water Production:

Price to be Lump
Sum. Olive Hills
MFG: Asco, Model: E962380097XC,
S/N: 344857001, Address: 770 S. Nohl
Canyon Rd. - LUMP SUM EA 1 $570.00
28 Water Production:

Price to be Lump
Sum.

Hidden
Canyon
MFG: Asco, Model:

G7ADTS031600N5XC, S/N: 866591
WE, Address: 6994 E. Serrano Ave.-
LUMP SUM EA 1 $570.00
29 Water Production:

Price to be Lump
Sum. Summit
MFG: Asco, Model: E962380097X,
S/N: 802825, Adress: 8377 E. Serrano
Ave. - LUMP SUM EA 1 $570.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

30 Water Production:

Price to be Lump
Sum. Lenain (old)
MFG: Zenith, Model: 2BTSH40EC-7-
4ELLPRSTU, S/N: 221289, Address:
6751 Walnut Canyon Rd.- LUMP SUM EA 1 $570.00
31 Water Production:

Price to be Lump
Sum.

Well 58
(Manual
switch)
MFG: UL Listed, Model: A1249060,
S/N: 34771776-002, Address: 3421 E.

Miraloma Ave. - LUMP SUM EA 1 $570.00
32 Water Production:

Price to be Lump
Sum. Well 59
MFG: UL Listed, Model: A79858142,
S/N: 39791119-002, Address: 1607 S.

Ninth St.- LUMP SUM EA 1 $570.00
33 Water Production:

Price to be Lump
Sum. Lenain (New)
MFG: IEM, Model: A81702990, S/N:
109062-001, Address: 6751 E. Walnut
Canyon Rd.- LUMP SUM EA 1 $570.00
34 Water Production:

Price to be Lump
Sum. Well 60
MFG: Asco, Model:

H03ATSA31200NGXM, S/N: 2562974-
001WE, Address: 2015 S. Santa Cruz
St.- LUMP SUM EA 1 $570.00

35 Fleet
Maintenance:

Price to be Lump
Sum. USC
MFG: ONAN, Model: OTCU 225C
508G, S/N: B910371536, ADDRESS:
909 E. Vermont - LUMP SUM EA 1 $570.00
36 Fleet
Maintenance:

Price to be Lump
Sum.

REPEATER
STA
MFG: GENERAC, Model:

TX301NN0100A2CH, S/N:
3009061645, ADDRESS: 2176
Stonehaven, Yorba Linda - LUMP SUM EA 1 $570.00
37 Fleet
Maintenance:

Price to be Lump
Sum. STREET
MFG: ONAN Model: OT 150 S/N:

B970631874 ADDRESS: 400 E.

Vermont - LUMP SUM EA 1 $570.00
38 Fleet
Maintenance:

Price to be Lump
Sum. FLEET
MFG: KOHLER Model: K-22 8341 S/N:

K11 926 ADDRESS: 955 S. Melrose -
LUMP SUM EA 1 $570.00
39 Fleet
Maintenance:

Price to be Lump
Sum.

CITY HALL
EAST
MFG: ASCO Model: 7000 S/N: 170956
ADDRESS: 200 S. Anaheim Blvd. -
LUIMP SUM EA 1 $570.00
40 Fleet
Maintenance:

Price to be Lump
Sum.

CITY HALL
WEST
MFG: ASCO Model: 7000 S/N:
170955-1pa ADDRESS: 201 S.

Anaheim Blvd. - LUMP SUM EA 1 $570.00
41 Fleet
Maintenance:

Price to be Lump
Sum.

CITY HALL
WEST
MFG: ASCO Model: 7000 S/N:
170955-2pa ADDRESS: 201 S.

Anaheim Blvd. -LUMP SUM EA 1 $570.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

42 Fleet
Maintenance:

Price to be Lump
Sum.

P.D. HDQTRS
MAIN
MFG: ASCO Model: 7000 S/N: 172227
PA ADDRESS: 425 S. Harbor Blvd. -
LUMP SUM EA 1 $570.00
43 Fleet
Maintenance:

Price to be Lump
Sum.

P.D. HDQTRS

DISPATCH
MFG: ONAN Model: OTBCA260-
4XU/310E S/N: H860834295
ADDRESS: 425 S. Harbor Blvd.- LUMP
SUM EA 1 $570.00
44 Fleet
Maintenance:

Price to be Lump
Sum.

FULLERTON

HELIPORT
MFG: ASCO Model:

J07ATBB304000N5XC S/N: 2338615-
001RE ADDRESS: 236 N. Dale Place,
Fullerton - LUMP SUM EA 1 $570.00
45 Fleet
Maintenance:

Price to be Lump
Sum.

EAST HILLS
P.D.

MFG: GENERAC Model: 91A03404-W
S/N: 17483 ADDRESS: 8201 E. Santa
Ana Canyon Rd.- LUMP SUM EA 1 $570.00
46 Fleet
Maintenance:

Price to be Lump
Sum. FIRE HDQTRS
MFG: CUMMINS/ONAN Model:

OTPCC-5709707 S/N: C050760608
ADDRESS: 500 E. Broadway - LUMP
SUM EA 1 $570.00
47 Fleet
Maintenance:

Price to be Lump
Sum. F/S 2
MFG: ONAN Model: 15.0RDJC-
18R/15365AD S/N: K84073925
ADDRESS: 2141 W. Crescent - LUMP
SUM EA 1 $570.00
48 Fleet
Maintenance:

Price to be Lump
Sum. F/S 3
MFG: ONAN Model: OT 400 S/N:

G970642994 ADDRESS: 1717 S.

Clementine - LUMP SUM EA 1 $570.00
49 Fleet
Maintenance:

Price to be Lump
Sum. F/S 4
MFG: CUMMINS/ONAN Model: LTC-
5749608 S/N: A060880153 ADDRESS:
2736 W. Orange - LUMP SUM EA 1 $570.00
50 Fleet
Maintenance:

Price to be Lump
Sum. F/S 5
MFG: ONAN Model: LTE30-3/5842 A
S/N: 99583 ADDRESS: 1154 N.

Kraemer - LUMP SUM EA 1 $570.00
51 Fleet
Maintenance:

Price to be Lump
Sum. F/S 6
MFG: ONAN Model: OTPCC-4489013
S/N: 1000153415 ADDRESS: 1330 S.

Euclid - LUMP SUM EA 1 $570.00
52 Fleet
Maintenance:

Price to be Lump
Sum. F/S 7
MFG: CUMMINS/ONAN Model: LTC-
574 9607 S/N: A060880154
ADDRESS: 222 E. Ball Rd.- LUMP SUM EA 1 $570.00
53 Fleet
Maintenance:

Price to be Lump
Sum. F/S 8
MFG: ONAN Model: ATUED60-4/1411
B S/N: G760150675 ADDRESS: 4555
E. Riverdale - LUMP SUM EA 1 $570.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

54 Fleet
Maintenance:

Price to be Lump
Sum. F/S 9
MFG: ONAN Model: OTCU 1258 S/N:

K910436401 ADDRESS: 6300 Nohl
Ranch Rd.- LUMP SUM EA 1 $570.00
55 Fleet
Maintenance:

Price to be Lump
Sum. F/S 10
MFG: ONAN Model: OTBCA70-
4U/3103 E S/N: J850782232
ADDRESS: 8270 E. Monte Vista - LUMP
SUM EA 1 $570.00
56 Fleet
Maintenance:

Price to be Lump
Sum. F/S 11
MFG: DETROIT DIESEL Model: SCT-
ACWD-0400S S/N: K2134027
ADDRESS: 3100 W. Orange Ave.-
LUMP SUM EA 1 $570.00
57 Fleet
Maintenance:

Price to be Lump
Sum.

BROOKHURST
CNTR
MFG: ONAN Model: LTE60-3/1648B
S/N: 281278 ADDRESS: 2271 W.

Crescent Ave.- LUMP SUM EA 1 $570.00
58 Fleet
Maintenance:

Price to be Lump
Sum.

SUNKIST

LIBRARY
MFG: ASCO Model: 9403404SC S/N:
6984-Y-1 ADDRESS: 901 S. Sunkist -
LUMP SUM EA 1 $570.00
59 Fleet
Maintenance:

Price to be Lump
Sum.

EUCLID

LIBRARY
MFG: ASCO Model: 9403404SC S/N:
6983-Y-2 ADDRESS: 1340 S. Euclid-
LUMP SUM EA 1 $570.00
60 Fleet
Maintenance:

Price to be Lump
Sum.

CENTRAL

LIBRARY
MFG: ASCO Model: 906273C
S/N:4565X ADDRESS: 500 W
Broadway - LUMP SUM EA 1 $570.00
61 Fleet
Maintenance:

Price to be Lump
Sum.

CITY HALL
WEST

PARKING
MFG: ASCO Model: 1D4980 S/N:
422915001 ADDRESS: 201 S. Anaheim
Blvd.- LUMP SUM EA 1 $570.00

62 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Labor: Regular Time: repairs and
maintenance authorized by CR. Rates
must be fully loaded including labor,
tools, and equipment according to City
operational hours. HR 50 $285.00
63 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Labor: Overtime: repairs and
maintenance authorized by CR. Rates
must be fully loaded including labor,
tools, and equipment according to City
operational hours. HR 0 $427.50
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

64 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Labor: Double Time: repairs and
maintenance authorized by CR. Rates
must be fully loaded including labor,
tools, and equipment according to City
operational hours. HR 0 $570.00
65 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Trip Charge: flat rate charge for the
round trip costs per day, per job; no
fuel surcharges, no mileage rates. LOT 0 $0.00
66 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Service Charge Minimum: minimum
dollar amount for Contractor to come
on-site to perform work; once actual
amount of work exceeds this
minimum, then above rates will apply
instead of this minimum and not in
addition to it. EA 0 $0.00
67 REQUIRED: For
additional work
beyond the
original SOW as
authorized by CR.

Materials: Contractor cost of materials
plus a fixed markup percentage (enter
markup percentage in the Comments
column). % 0 25%

68 OPTIONAL
YEAR 2: GRAND TOTAL FOR FIRST
OPTIONAL RENEWAL YEAR - Transfer
the Grand Total from the Excel Price
List Attachment (Excel line 75) into the
Unit Price column. Attach completed
spreadsheet separately. EA 1 $49,935.00
69 OPTIONAL
YEAR 3: GRAND TOTAL FOR SECOND
OPTIONAL RENEWAL YEAR - Transfer
the Grand Total from the Excel Price
List Attachment (Excel line 148) into
the Unit Price column. Attach
completed spreadsheet separately. EA 1 $50,850.00
70 OPTIONAL
YEAR 4: GRAND TOTAL FOR THIRD
OPTIONAL RENEWAL YEAR - Transfer
the Grand Total from the Excel Price
List Attachment (Excel line 220) into
the Unit Price column. Attach
completed spreadsheet separately. EA 1 $51,765.00
City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

71 OPTIONAL
YEAR 5: GRAND TOTAL FOR FOURTH
OPTIONAL RENEWAL YEAR - Transfer
the Grand Total from the Excel Price
List Attachment (Excel line 292) into
the Unit Price column. Attach
completed spreadsheet separately. EA 1 $52,680.00

3. Pricing for Lump Sum Amounts: Provide all-inclusive pricing per transfer switch to perform all of the required work in Attachment A: Scope of Work, include all items necessary to perform the work. City is not tax exempt; any applicable sales tax must be factored into the lump sum price. Price must include everything necessary to provide all of the requirements of the Specifications.

4. Pricing for Additional as-needed Work: Provide unit costs for time and materials to perform any additional work that may be outside the scope of the required work in Attachment A: Scope of Work.

This additional pricing is not for bidder errors, omissions, or failure to have include costs that should have been included in the bid price per the specifications and scope of work and site conditions. It is for additional work beyond the original scope of work that City determines is necessary to complete the project.

5. Price Increase/Decreases: No price increases will be considered during the term of the Contract.

City requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to City of Anaheim. City may enforce, negotiate, or cancel escalating price Contracts or take any other action it de ems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of Contract. Adjustments increasing Contractor’s profit will not be allowed.

6. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.

7. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.

Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.

Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

City of Anaheim
CPO/Public Works Department
Transfer Switches: Maintenance and Testing Services
Quinn Company

MA #106-498313

8. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.

9. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:

a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract MA #106-498310
g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total