City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
First Amendment
to Agreement between the
City of Chula Vista
and
Global Power Group, a California Corporation
For Emergency Generator Service Maintenance
This First Amendment (First Amendment) is entered into effective as of June 1, 2022 (the “Effective Date”) by and between the City of Chula Vista (City) a chartered municipal corporation and Global Power Group, a California Corporation (Consultant) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered int o Attachment 2 Global Power Amendment to Original Agreement.docx (the “Original Agreement”) on 12/1/2019; and
WHEREAS, City and Consultant desire to amend the Original Agreement to provide for the first of the two optional one year extensions as more specifically set forth below; and
WHEREAS, City and Consultant also desire to amend the Original Agreement to increase the Maximum Compensation for the agreement by $225,000 - including the first term and the additional one year extension for a new not to exceed amount of $375,000; and
WHEREAS, section 8.1 of the Original Agreement provides that the parties are permitted to modify the Agreement by means of a writing executed by both parties.
NOW, THEREFORE, for valuable consideration and in consideration of the above Recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, entitled Amended Scope of Work and Payment Terms is hereby amended as provided in Exhibit A, attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, a ll other terms and conditions of the Original Agreement shall remain in full force and effect.
3. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this First Amendment on the behalf of such party are duly authorized agents with authority to do so.
City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
ATTACHMENT 2 GLOBAL POWER AMENDMENT TO ORIGINAL
AGREEMENT.DOCX
GLOBAL POWER GROUP, A CALIFORNIA
CORPORATION
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
SALVATORE MARTORANA MARY CASILLAS SALAS
PRESIDENT MAYOR
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
https://chulavista.escribemeetings.com/eSCRIBE Supporting Documents/cadbfdc0-a2cd-4a1a-82cb-9f68d8dfea14/Global Power Amendment to Agreement.docx
City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
EXHIBIT A
AMENDED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Angelica Aguilar, Assistant Director of Public Works
1800 Maxwell Road
(619) 397-6088
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Contractor/Service Provider Contract Administration:
GLOBAL POWER GROUP, A CALIFORNIA CORPORATION
12040 Woodside Avenue, Lakeside, CA, 92040
(619) 579-1221
[email protected]
For Legal Notice Copy to:
Contracts Administrator
12040 Woodside Avenue, Lakeside, CA, 92040
(619) 579-1221
[email protected]
2. Required Services
A. General Description:
Contractor/Service Provider will perform and furnish all work, materials, equipment, services, skill, and labor necessary to fully perform and complete emergency generator service maintenance in a good and workmanlike manner for all locations and equipment listed below, and any new locations and equipment placed in service during the duration of this contract in strict accordance with the Contract Documents.
B. Detailed Description:
Contractor/Service Provider will perform the tasks listed in this Scope of Work:
Emergency and Standby Power Systems (EPSS) Maintenance Procedures must adhere to NFPA 110 -2016 Chapter 8 “Routine Maintenance and Operational Testing”. Please reference price sheet for complete list of address locations of generators. The vendor will adhere to NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency. Below is a partial City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
list of items that illustrate the typical maintenance services requested by the City. The complete and definitive maintenance schedule is listed in NFPA 110 – 2016 Figure A.8.3.1(a) “EPSS Maintenance Schedule” – Level 2 Frequency.
Summary of Service Schedule Requirements:
I. Monthly: Test all stationary generators performing a 30-minute operations “rotation” of each generator, completing necessary reports and documentation.
II. Quarterly / Semiannual:
1) Inspect overall appearance and condition of the equipment 2) Inspect and clean batteries, replenish electrolyte, record specific gravity 3) Inspect battery charger for proper operation, voltage and amperage 4) Inspect fuel tanks, record fuel level, inspect for water 5) Inspect engine for leaks, inspect fluid levels and top off if necessary 6) Inspect governor for proper operation
7) Inspect air filter(s)
8) Test coolant system and inspect level
9) Inspect block heater for proper operation
10) Inspect belts and hoses
11) Run the generator
a) Inspect gauges for proper function
b) Inspect engine controls for proper function
c) Inspect voltage, amperage and frequency
d) Inspect electronic and mechanical engine shutdowns
e) Inspect for abnormal vibration and noises
f) Maintain the on-site run log as required by APCD
12) Record ending hour meter reading on a work order and invoice
III. Annual Inspection:
1) Load bank the generator at 100% for two (2) hours for annually and four (4) hours every 3rd year.
2) Exercise automatic transfer switch, if so equipped
3) Change water filters, where used
4) Change engine oil, oil filters, and fuel filters if engine has run either more than 100 hours, or it has been more than two years since the engine oil was changed. 5) Take oil and coolant samples and send to testing laboratory, send a report copy to owner 6) Infrared inspection of associated electrical panels and transfer switches while generator is running
IV. General Requirements:
1) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.3.1(b) “EPSS Maintenance log” – Level 2 Frequency.
2) Vendor will maintain an EPSS Maintenance log as outlined in NFPA 110 – 2016 Figure A.8.4.1(a) “EPSS Operations and Testing log”.
City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
3) Technicians shall remove and dispose of all hazardous waste according to federal, state and local hazardous material handling regulations.
4) Vendor will maintain stationary generator fuel at a “Keep Full” service level. Red dye diesel will only be used for diesel generators. Fueling services will be invoiced separately from regularly scheduled service maintenance.
5) Prior to the award of a contract, the City of Chula Vista shall be allowed to inspect each vendor’s facility and equipment to ensure compliance with these specifications 6) Vendor to confirm each generator meets the APCD requirements defined in each unit’s permit to operate and all applicable records and valid permits are posted at each generator for inspection. Any deficiency will be reported to the City Project Manager for resolution. 7) Vendor will provide an initial condition assessment of each Emergency and Standby Power System at the initiation of the contract.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 1, 2019 and end on June 30, 2023 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
As full compensation for and in consideration of Contractor’s/Service Providers’ performance of the Required Services in strict accordance with the Contract Documents and in consideration of the fulfillment of all of Contractor’s/Service Provider’s obligations under the Contract documents, the City agrees to compensate Contractor/Service Provider in accordance with the bid prices stated on Contractor/Service Provider’s Bid Form and re-stated below:
City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Fuel costs to be invoiced based on fuel usage. For generator repair costs, contractor will provide cost estimate to City and upon approval of estimate will proceed with repairs.
AND
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 202 3 shall not exceed $375,000. If the City exercis es its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed $150,000. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed $525,000
5. Special Provisions:
☒ Other: DESCRIBE SPECIAL PROVISIONS
City of Chula Vista Amendment to Agreement No.: 2022-052 Consultant Name: Global Power Group, a California Corporation Rev. 5/27/2021
☒ DIR Registration. Contractor represents and warrants that it is registered with the Department of Industrial Relations (DIR) pursuant to California Labor Code (Labor Code) section 1725.5.
Contractor may award or enter into a subcontract for work to be performed under this Agreement unless that subcontractor is registered with the DIR pursuant to Labor Code section 1725.5. The work to be performed under this Agreement is subject to compliance monitoring and enforcement by the DIR.
☒ Prevailing Wages. Contractor and its subcontractors of every tier are required by the Contract Documents and Labor Code sections 1771 and 1774 to pay no less than the prevailing wages ("Prevailing Wage Rates") to persons employed by them to provide work under this Agreement.
In accordance with the provisions of Section 1773 of the Labor Code, the City has ascertained the general prevailing wage scales are applicable to the work to be done under this Agreement.
The prevailing wage scales are those determined by the DIR and can be found online at http://www.dir.ca.gov/dlsr. If Contractor intends to use a craft or classification not shown on the general prevailing wage rates determinations may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general wage rates determinations effective at the time of the call for bids. A certified copy of the employee’s payroll record shall be, upon request, furnished to City, the employee or his or her authorized representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and as further provided by the Labor Code.
☒ Non-Collusion Affidavit. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, attached hereto and incorporated herein as Exhibit D.
☒ Workers’ Compensation Insurance Declaration. Prior to commencing work or services under this Agreement, Contractor shall provide a fully executed and properly notarized Workers’ Compensation Insurance Declaration, attached hereto and incorporated herein as Exhibit E.
☒ Options to Extend: Notwithstanding the completion date set forth in section 3.C., above, City has option to extend this Agreement for up to two additional years, in one -year increments. The Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City.
If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 3., above, may be increased by up to the annual CPI increase for the San Diego region for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension. Such notice shall be provided at least 30 days prior to the expiration of the term.