ITEM 4. 8
CITY MANAGER' SREPORT
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A SERVICE CONTRACT WITH WEST COAST
ENERGY SYSTEMS, LLC. FOR GENERATOR
MAINTENANCE AND REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving a Service Contract with West Coast Energy Systems LLC for Generator
Maintenance and Repair Services and Approve
Budget Amendment
SUMMARY:
Electrical and fire water pump generators provide back- up power for all elements of the City' s utility infrastructure and are therefore critical to maintaining operation during electrical service outage.
The City needs to have a specialized generator maintenance repair service under contract to provide timely routine maintenance and both planned or emergency repairs ( Project).
The specifications for the Project were completed by staff and advertised for bid on November 19, 2025 and November 26, 2025 pursuant to bidding procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened eight ( 8) bids on December 2, 2025, all determined to be from responsible bidders. The bid results are summarized in Table 1 below:
Table 1
Contractor Total Bid
West Coast Energy Systems LLC 114, 70
Collicutt Energy Services, Inc. 134, 050
Bay City Electric Works 151, 459
Prime Power, LLC 155, 50
Got Power, Inc. 170, 270
Holt of California, Inc. 184, 510
Dynamic Generator Services, Inc. 198, 950
Powergen, Inc. 228, 433
Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be West Coast Energy Systems LLC Energy Systems) with a bid of $114, 70.
Staff requests that City Council approve a service contract for $ 114, 70 with Energy Systems for the generator maintenance and repair services.
CITY MANAGER' S REPORT PAGE 2
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
Staff also request City Council approve a budget amendment of $ 137, 000 for the routine maintenance, and planned and emergency repair services for the City' s generators, as detailed in the Fiscal Impact section of this report.
BACKGROUND:
During times of electrical service outages, the City' s 47 backup generators provide electrical and kinetic power for critical infrastructure such as pumping of waste, potable, storm and recycled water, delivery of water for fire -suppression, and delivery of electricity to power the City' s Supervisory Control and Data Acquisition ( SCADA) network and network communications. These large diesel - powered generators require extensive routine maintenance to minimize instances of failure when needed.
On the rare occasions that a generator cannot be started when needed or fails during use, on -call emergency and planned repair services are also included in the contract.
REASON FOR RECOMMENDATION:
The requested contract approval will provide scheduled routine maintenance and repair services, and emergency repair services within 2 hours. The proactive and reactive services provided by the requested contract are critical to the City' s consistent delivery of life -safety utility services.
FISCAL IMPACT:
The proposed service contract with West Coast Energy is for $ 114, 70. Staff also request City Council approve a budget amendment of $ 137, 000, as detailed below for the routine maintenance, and planned and emergency repair services for the City' s generators:
Increase Appropriation FY 2025-6
2510- 5- 20- 420- 75- 00 1, 000
2500- 5- 21- 420- 75- 00 17, 000
2570- 5- 63- 420- 75- 00 13, 000
2670- 5-5- 420- 75- 00 5, 000
2680- 5-5- 420- 75- 00 20, 000
5620--0- 420- 75- 00 65, 000
6010- 5- 30- 420- 75- 00 16, 000
ATTACHMENTS:
A. Resolution to Approve a Service Contract with West Coast Energy Systems LLC for Generator Maintenance and Repair Services
B. Service Contract with West Coast Energy Systems LLC for Generator Maintenance and Repair Services
CITY MANAGER' SREPORT PAGE 3
DECEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
APPROVALS:
71„. eem„, 6QL lZ. 3.25
Steven Hollenbeak Date
Assistant Engineer
Brad Vaylor
City Engineer
i f —art G. J.
Cari James
Director of Finance
10/ ZvzS
Date
17/ v/ toZcDate
Thomas
r2/ y/ zotC—
Hedegard Date
Deputy City Manager
z • y• 2oaS
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Z• 14 • Z
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A SERVICE CONTRACT WITH WEST COAST ENERGY SYSTEMS LLC
FOR GENERATOR MAINTENANCE AND REPAIR SERVICES AND APPROVE
BUDGET AMENDMENT
WHEREAS, electrical and fire water pump generators provide back- up power for all elements of the City' s utility infrastructure; and WHEREAS, the City desires to obtain routine maintenance and repair services for these generators ( Project) to ensure their performance when needed; and WHEREAS, on November 19, 2025 and November 26, 2025, the City solicited bids for the Generator Maintenance and Repair Services contract pursuant to bidding procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, a total of eight ( 8)) bids were received and opened by the City Clerk on December 2, 2025; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be West Coast Energy Systems LLC ( Energy Systems) with a bid of $ 114, 70; and WHEREAS, staff request City Council approve a service contract with Energy Systems in the amount of $ 114, 70 for the provision of generator maintenance and repair services; and
WHEREAS, staff also request City Council approve a budget amendment of 137, 000, as detailed below; and
Increase Appropriation FY 2025-6
2510- 50- 20- 420- 75- 00 1, 000
2500- 5- 21- 420- 75- 00 17, 000
2570- 5- 63- 420- 75- 00 s13, 000
2670- 5-5- 420- 75- 00 5, 000
2680- 5-5- 420- 75- 00 20, 000
5620-- 420- 75- 00 65, 000
6010- 5- 30- 420- 75- 00 616, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve a service contract with West Coast Energy Systems LLC in the amount of $ 114, 70 for the provision of generator maintenance and repair services; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment of $ 137, 000, as detailed above.
The foregoing resolution was passed and adopted this 8th day of December 8, 2025 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment
SECTION 00500 s... 6_. a
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP
AND WEST COAST ENERGY SYSTEMS, LLC
FOR: GENERATOR MAINTENANCE AND REPAIR SERVICES
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on December 8, 2025, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and West Coast Energy Systems, LLC. (hereinafter " Contractor"), whose Taxpayer Identification Number is 88- 3026856.
For and in consideration of the following covenants, terms and conditions, City and Contractor the parties) agree:
SCOPE OF WORK
Contractor agrees to provide generator maintenance and repair services at any City facility within the City of Lathrop in accordance with the scope of work and bid provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a fixed fee for maintenance services and a time and materials basis for repair services not to exceed $ 114, 70 set forth in Exhibit " A", for provision of generator maintenance and repair services.
Contract rates shall remain fixed through June 30, 2026. Any request by the Contractor for contract price adjustment thereafter shall be substantiated by supportive documentation correlated to the State of California Department of General Services California Construction Cost Index ( CCCI), and in no case greater than 5% above existing rates. It is expressly understood that contract rate increases are not automatic nor guaranteed. All rate adjustment requests must be submitted in writing to the Project Manager no later than March 31st of the then -current contract term to be included in the following contract term, and will not go into effect until July 1st of that same year.
If considered, price adjustments due to an increase in said CCCI shall be calculated based upon the values for Februarys of the previous contract term and the then -current contract term.
TIME FOR PERFORMANCE
The effective date of this Contract is December 8, 2025, and it shall terminate no later than June 30, 2026 unless extended at the sole discretion of the City.
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT This contract may be extended by the City at its sole discretion for up to three ( 3) additional two 2) -year terms as follows:
Optional Term 1: July 1, 2026 — June 30, 2028
Optional Term 1: July 1, 2028 — June 30, 2030
Optional Term 1: July 1, 2030 — June 30, 2032
The City shall notify the Contractor in writing of its intent to extend the contract by June 1 of the current contract term.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City. Should any such work be covered up without such notice, approval, or consent, it must, ifrequired by City, be uncovered for examination at the Contractor' s
expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party.
Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners:
Ifthe notice is given to the City, by personal delivery thereof to the City' s Director
of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s
Director of Public Works, postage prepaid
and certified;
If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT Ifthe notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.
The safety provisions of applicable laws, building and construction codes shall be observed.
Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' SWARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7of the California Labor Code.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division ofApprenticeship Standards and its branch offices.
Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight (8) hours of work in any calendar day shall constitute alegal day' s work. The Contractor
and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website ofthe Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. gov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code.
The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers'
sole cost
Compensation.
and expense, maintain
CONTRACTOR
Statutory
shall,
Workers'
at CONTRACTOR' S
Compensation
Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0) each accident, one million dollars ($ 1, 000,00) by disease -policy limit, and one million dollars ($ 1, 000,0) by disease -each employee. In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights ofsubrogation against the CITY for loss arising from work perfoiiued under this Agreement. b)
own
Commercial
cost and
General
expense,
Insurance.
shall maintain
CONTRACTOR,
commercial general
at CONTRACTOR' S
liability insurance
for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,0), two million dollars 2, 000,0) general aggregate, and one million dollars ($ 1, 000,00) products and completed operations aggregate limits coverage for risks associated with the work contemplated by this Agreement. The general aggregate limit shall apply separately ( per project or location) to the work to be performed under this Agreement or the general aggregate limit shall bedoubled. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement.
Coverage shall be at least as broad as Insurance Services Office ( ISO) Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as additional insured using ISO endorsement forms CG 20 10 and CG 20 37 ( or equivalent) with respect to each of the following: liability arising out of activities performed by or on behalf of
CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR.
ii) The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
iii) The insurance shall cover on an occurrence basis, and not on a claim made basis.
iv) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
v) Coverage shall state that CONTRACTOR' Sinsurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' sliability. vi) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
vii) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
c) Automobile
own cost and
Liability
expense,
Insurance.
shall maintain
CONTRACTOR,
automobile liability
at CONTRACTOR' S
insurance for the
period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,00) each accident limit coverage for risks associated with SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily injury, including death resulting therefrom, and damage to property resulting from use of owned, hired, and non -owned automobiles.
i) Coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered and endorsed as additional insured.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iii) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII. ,
c) Notice of Cancellation. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled, reduced, limited, or materially affected in any other manner except after thirty ( 30) days' prior written notice has been given to the City, except that ten ( 10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
If a carrier will not provide the required notice, the CONTRACTOR shall provide written notice to the City no later than five ( 5) business days before policy modification or cancellation.
d) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self - insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a
requirement that
CONTRACTOR procure a bond guaranteeing payment oflosses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT curtailed and limited but only to the extent necessary to bring it within the requirements of the law.
If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.
Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.
In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
SECTION 00500
GENERATOR MAINTENANCE AND REPAIR SERVICES SERVICE CONTRACT
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Approved as to Form: City of Lathrop
City Attorney
Salvad avarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved By:
Contractor:
1' z --y' zr
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
NAME
ADDRES S
CITY, STATE ZIP
Fed ID #
Lathrop Business License #:
Signature Date
Print Name and Title
Signature Date
Print Name and Title
EXHIBIT
A
SECTI
ON00300
G
ENERATOMARINTENAN CEAND
REPAI
R
SERVICES
GENER
ATOR MAINTENANCE
AND REPAIR
SERVICES
BASE
BID
SCHEDULE
I. ROUTINE
A
NNUAL
MAINTENAN CEF
GE
RSORNERA TO
1 Facility
Address Make
Model
8 /
Siz
e
Serial #
Ana
eal
Maintenance
Load
Bank
Test
1 LAWTF
Genset 2112
E
Louise ast Ave nue Caterpillar
900kw
2F106
y/
a
r0
2 Well
G
enet
15926
Park
Street
Olympian Y
100kW
2013022
7 It
Al ?
3 Well
7 Genset
15800
South
Fifth
Street
Caterpillar
3208
29A02329
I
e
to •
00 y/
7 air4
Well
8 G
enset
2444
East
uis Lo
e
Avenue Onan 150kW
A920442585
9 73 • 1012
i' f
5 1
Well
Gen9
set
17550
Shideler
Parkway
Onan
150kW
14930516510 3•
s
yr
6 Well
10 G
enset
17440
Shideler
Parkway
Geaerac
250kW
9757736
I,
0 S •
N
yp
7 2
We7
ll
21Genet
18421
McKinley
Ave nue Generac
350kW
2076408 iJ
Me1S•
51D •
75—
8 BPS
I
Genset
802
3 Street
Cummins
125kW
2020023
1 187', ' "
o
Vt.... y
9 BPS
Fire1
Pump
802
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1. ANTOTALNCE
MAINTENA NUALROUTINE S
83 ,
LA2.
BOR
RATES
ITEM
D
ESCRIPTION
UNITS
HOURLY RATE
HOURSCOS
EXAMPLE EXAM
LE1
Labor
R
ate
8:AM — 00
5: 00Mon. — PM
Fri.
MAN- T3R
73 •?
D
100
7`
3 7(7/ 1
2Rate — Labor
After
Hours,
Sat., &
Sun.
MAN
n
y
20 t •
y /
J
i
f (!
2. TOTAL
LABOR:
S
da3,
L
6O
4d
3. MARKED -
UPCOST PARTS ITEM DESCRIPTION
UNITS
RATE
EXAMPLE PARTSOST C
EXAMPLE
MARKE
UP
PARTS
COST
1 Marked -
Up
Parts
Cost
l'3$'
30, 000
38,, to
0• DL
3. TAL TO
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S
PARTS:
8, yfo-° D
TOTAL
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ITEMS
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3): $
731
G
T
OTAL
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ASE
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300300-
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
INFORMATION REQUIRED OF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and ifthe Bid is based on a careful study ofmethods applicable to the work and full realization of the various factors which, may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
2)
3)
LC` WERGy SYYS76rnS
7100 s. LOn4E S- i_ S - kw, CP ysa0(o
Bidder' stelephone number: 800 — gyS' Rsl
Bidder' semail address: SaWc6SRt+; S@ 6N64415Xisims, n, 4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
5)
1- n1953Q -r
jI&iJa41 ca_
Bidder' s DIR Registration # / Expiration:
0n( ii s0`/ 0
6) Person who inspected site ofproposed work for Contractor' sfirm:
NOT APPLICABLE TO THIS SOLICITATION
7) List 5 current or recent projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Gensr 4A -o (` Y114U) fs0144dt
infil " l"`O" Ly
n
L k
coed ' 1 c.s s / yonyco Fw4s - SDS" FhedMm,
vis wg. 0' nal1 QanrLLG.. sr! -441/ -dba6S'
c. ne t.r i i nt. e., ne;'
whiny • xhs(. o+;. , yeAfiy ss I
cagy of amy. 1r eloolf
AO Si 6 A7 fl' 19eJ° oaf
cn, Inn" Clat b m &to w iOS-'. 4 - $ 267
6. 00... Ae. wmirtcwcn ..
roar ' M , Ynsp•+ ron " 5
aimplieLy Iv g
SS 3 o,.. t, 0, eve yofoe use. tow (woof, c r
t6. 3so rte, i An2 h an do ao i •.181- 0,7
14611+ y ,
d, cne,,. 4-or,
Zne; Pte4iue ,
rvi4entens, Y
13 K
Mel teal Watte i €.+4, 6,1 'moo Losis' ht D .
S4Cafell CA, 9SZIS Levi Ponv ' Mai 'NW
Gourd' ors rvK; oto* c1.
tcsn. 5 ,10$ 1144 ' ar` l , r5 45
esniY, 6iow i3fl P' desen taw), S4eftNlmto, GA
4o9g/ q5116-, ' TomCot- borN ' 114 - far
00300- 4
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening ofbids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be
Performed Subcontractor
Name
Subcontractor
Address
California
Contractor' s
License No.
DIR No. Percent
of Work
Note: Attach additional sheets ifrequired.
00300- 5
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
Respectfully submitted,
11 - Z 5- 2_025' IATEAr c o, f $ ofiT S'( Sysliel s
Dated Legal Name of Firm
ignature of Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
6o 1past 5 -
ALA CI 414 ( iA. ' 311M - 025157
14, 4, 6 CottAA
00300- 6
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
NON -COLLUSION AFFIDAVIT
STATE OF
SS.
COUNTY OF
7141 £ 6a , being first duly sworn, deposes and says that he or she is of 4j/. C . L- rY SV6ieinsthe party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a coil or s13a bid.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfullness,
accuracy, or validity of that document.
St re of: President, Secretary,
Manager, Project Manager or Representative
The County of So. n
Soarl. 3r
State of (.. a\-%
Subscribed and sworn to ( or affirmed) before me
on this 0
day of , 20 XS-, by
Tan•' j
ULLL Carson , proved to
me on the basis of satisfactory evidence to be the
persons) who appeared before me.
Seal
Signature
RIKKI DE LEON
Notary Public - California I
San Joaquin County 0
Commission 12429894 r
My Comm. Expires Dec 9, 2026
00300- 7
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No '
1 If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one fmal unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
00300- 8
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
AFFIRMATIVE ACTION PROGRAM CERTIFICATE
The Bidder hereby certifies that Bidder is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, and all other applicable Federal and State laws and regulations relating to equal opportunity employment.
BIDDER - LJ r C m A- S ?' if / G 4{ S Y 5 / K s L L. C. 2_/ vl ZoS
Bidder' sName:
Signature)
Date)
1145 Ce. 4-57 ag,, ed- y S')/ reitic
Address: 7/ P0 5 /.- 04 6c s -r goo
5 - iv C4 9 s2a,
The above certification of the Bidder regarding its affirmative action program shall be filled out completely, signed, and submitted by each Bidder and shall be a part of the Contract Documents.)
END OF SECTION)
00300- 9
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. html for additional information.
No bid will be accepted nor any contract entered into without proof ofthe contractor' sand subcontractors' current registration with the Department ofIndustrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder: JE. y , cki
DIR Registration Number: , 01c) r7 Li a.
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration ofthe project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any ofthe above requirements may result in a finding that the bid is non -responsive.
Bidder' sSignature:
Bidder' sName and Title: , L 22t/(/ V /Af6 -----
Firm: W4Sr Cogs r iE4Ct e y
S 5rgNlS
Date: 1 a , 1
END OF DOCUMENT)
00300- 1
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS
CERTIFICATION OF DRUG -FREE WORKPLACE REQUIREMENTS
BIDDER CERTIFICATIONS
1. The Bidder certifies that it will or will continue to provide a drug -free work place by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder' swork place and specifying the actions that will be taken against employees for violation of such prohibition:
1. Making it a
requirement that each employee to be engaged in the performance of the contract be given a
copy of the statement.
2. Notifying the employee in the statement that, as a condition of employment under the Contract, the employee will:
a. Abide by the terms of the statement.
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work place no later than 5 calendar days after such conviction:
1) Notifying the Owner in writing within 10 calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
2) Taking 1 ofthe following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of Federal and State law.
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency.
c) Notify the employee that in the event of a major accident/ incident resulting in loss of life, injury or damage to the facility, or equipment, all personnel involved shall be required to submit to substance testing as soon as possible after the incident, but not more than 4 hours after the incident.
00300- 11
SECTION 00300
GENERATOR MAINTENANCE AND REPAIR SERVICES BID PROPOSAL FORMS B. Establishing an ongoing drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the work place.
2. The Bidder' spolicy of maintaining a drug -free work place.
3. Any available drug counseling, rehabilitation, and employee assistance programs. The penalties that may be imposed upon employees for drug abuse violations occurring in the work place.
C. Making a good faith effort to continue to maintain a drug -free work place through implementation ofthe requirements stated in this Document.
WORK LOCATIONS
1. The Bidder acknowledges that the performance of work done in connection with this Contract will occur at the location( s) listed and / or described below:
Anywhere within the City Limits of the City of Lathrop
BIDDER
Signature) '
Date)
00300- 12
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INTENTIONALLY
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