AMENDMENT NO. 1 TO AGREEMENT NO. C2021-261
Generator Load Bank Testing and Preventive Maintenance
City Budget Code: 10030708-53320
40830200-53320
53060116-53320
This Amendment No. 1 (“Amendment”) to City Agreement No. C2021-261, entitled Generator Load Bank Testing and Preventive Maintenance (“Agreement”), by and between the City of Napa, a California charter city (“City”), and PowerGen, Inc., a California Corporation (“Contractor”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
City and Contractor entered into the Agreement, effective July 12, 2021, for an amount not to exceed $50,000 per fiscal year for a total contract not to exceed amount of $100,000, pursuant to which Contractor agreed to perform certain services more particularly described in the Agreement (“Services”), generally including generator load bank testing and preventive maintenance.
City has determined that additional Services (“Additional Services”) are required to continue, modify, or expand the Services performed under the Agreement, as set forth in the Scope of Additional Services and Schedule of Performance, attached hereto as Exhibit “A” and incorporated herein by reference.
City and Contractor desire to extend the term and compensation of the Agreement for the Contractor to continue Services under the Agreement.
NOW, THEREFORE, the City and the Contractor, for the mutual consideration described herein, agree as follows:
INCORPORATION BY REFERENCE. Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates the Agreement by reference, except and only to the extent that any terms or conditions of the Agreement are specifically modified by this Amendment. All terms and conditions in the Agreement that are not specifically modified by this Amendment remain in full force and effect.
AMENDMENT.
Section 3 of the Agreement (“COMPENSATION”) is hereby amended by deleting the existing language in its entirety and replacing it with the following:
3. COMPENSATION.
City shall pay Contractor as compensation in full for such services and expenses at the rates set forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference. The cumulative total compensation payable to the Contractor will not exceed $250,000 without prior written authorization from the City (based on $100,000 for the original Agreement and any prior amendments thereto, plus $150,000 for this Amendment).. Progress payments will be tied to completion of tasks so all payments are proportional to the work completed.
SCOPE OF ADDITIONAL SERVICES. Contractor will perform the Additional Services described in Exhibit “A” in accordance with the terms and conditions of this Amendment.
TERM. Paragraph 5 of the Agreement (“TERM”) is amended to extend the term of the Agreement until June 30, 2025.
EXHIBIT “B.” Exhibit “B” (Compensation Rates and Charges) is hereby amended by deleting the existing Exhibit “B” in its entirety and replacing it with Exhibit “B” attached hereto and incorporated herein by reference.
ENTIRE AGREEMENT. The Agreement, as modified by this Amendment, constitutes the entire integrated understanding between the parties concerning the subject matter hereof. This Amendment supersedes all prior negotiations, agreements and understandings regarding the subject matter hereof whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all, except and only to the extent otherwise specified. If any provision in an exhibit to this Amendment conflicts with or is inconsistent with a provision in the body of this Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
SIGNATURES; ELECTRONIC SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of Contractor and City. The parties agree that this Amendment may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the Effective Date set forth below.
CITY: CONTRACTOR:
CITY OF NAPA, a California charter city PowerGen, Inc., a California Corporation By: By:
Julie B. Lucido, Public Works Director Victor Poley, Chief Executive Officer Date: By:
(“Effective Date”) Julie Poley, Chief Financial Officer and Secretary COUNTERSIGNED:
APPROVED AS TO FORM:
EXHIBIT “A”
SCOPE OF ADDITIONAL SERVICES AND SCHEDULE OF PERFORMANCE The Contractor will perform the Additional Services described below, within the specified times:
General Repair Services. Contractor will notify City if a repair of a generator is needed outside of the maintenance Services. Upon request by City staff, Contractor shall provide the City Facilities Superintendent, or designee, a written estimate that specifies: (1) a description of the repair services to be provided by Contractor; and (2) the schedule and estimated cost of providing the repair services. The estimated costs shall include a breakdown of labor hours and parts. When an estimate is requested by City, Contractor shall not commence any repair service activities pursuant to any estimate until the City Facilities Superintendent, or designee, has authorized Contractor to proceed with the repairs in writing. The City reserves its right to seek repair estimates from outside vendors if it believes the same work can be performed at a competitive cost.
EXHIBIT “B”
COMPENSATION RATES AND CHARGES
Contractor is not required to identify hourly rates for maintenance and load bank services performed under this Agreement. Rather, the Contractor will submit invoices to the city based on the completion of the “Performance Tasks” identified below, for which, upon approval of completion by the City’s Authorized Representative, the City will pay the Contractor within 30 days after approval of each invoice the corresponding lump sum payment, subject to the not-to-exceed limit in Section 3 of the Agreement. General repairs that are not included in the maintenance services, will be charged according to the hourly rates set forth below:
Location
Equipment ID
Generator Make
Model
Rating
Level I Cost
Level II Cost
Level V Cost
City Hall / PD
C-1217
Generac
1578680100
350kW
$334.75
$1194.80
$725.12
Corp Yard
C-1205
Onan
DGDB-4958949
100kW
$231.75
$843.57
$457.32
Montecito Transmitter Site
C-1226
Onan
DKAF-4962101
25kW
$231.75
$843.57
$457.32
CSB
C-1610
Onan
DGDB-4956223
100kW
$231.75
$843.57
$457.32
Sugar Loaf
C-XXXX
Kohler
30REOZK
31kW
$231.75
$843.57
$457.32
Fire Station 2
C-1206
Generac
1578210100
100kW
$231.75
$843.57
$457.32
Fire Station 3
C-1210
Onan
100
100kW
$231.75
$843.57
$457.32
Fire Station 4
C-1212
Spectrum
125
125kW
$272.95
$963.05
$542.81
Fire Station 5
C-1612
Kohler
100REOZJF
100kW
$231.75
$843.57
$457.32
Water Tank “B”
C-1220
Onan
DKAF-5703403
25kW
$231.75
$843.57
$457.32
Corp Yard – Radio Site
C-1208
Kohler
50 55kW
$231.75
$843.57
$457.32
Lake Park
C-1611
Onan
DSGAB-543213
100kW
$231.75
$843.57
$457.32
Lakeview Pump Station
G-1284
SDMO, John Deere 6068
J200UC, s/n 05016070
200kW
$272.95
$963.05
$542.81
Westgate
G-1285
SDMO, John Deere 6068
J200UC, s/n 05021162
200kW
$272.95
$963.05
$542.81
Dwyer Road
G-1275
John Tate
F61413FR, s/n 7011-736
107kW
$272.95
$963.05
$542.81
HTP Pump Station
G-1231
Aggreko
Mdl# 5351, s/n 3164.14
100kW
$231.75
$843.57
$457.32
Alta Heights I Pump Station
G-1211
Multiquip, Isuzu
BR-4HK1X-DAC125SSIU4F
125kW
$272.95
$963.05
$542.81
Holly Court
G-1212
Multiquip, Isuzu
BR-4HK1X-DAC125SSIU4F
125kW
$272.95
$963.05
$542.81
JTP Parking Lot
G-1213
Multiquip, Isuzu
BR-4HK1X-DAC125SSIU4F
125kW
$272.95
$963.05
$542.81
Browns Valley Pump Station
G-1214
Multiquip, John Deere
6068HFG08-DAC150SSJU4F
150kW
$272.95
$963.05
$542.81
Hennessey WTP
G-1201
Onan
DFAC-83675F-, s/n# H960615169
250kW
$334.75
$1194.80
$725.12
Jameson WTP Ozone
Ozone Building Fixed
Doosan P22FE, Generac
10069840100
600kW
$386.25
$1558.65
$1019.70
Jameson WTP
G-1200
Kohler
230R0ZD71-s/n# 299482
230kW
$334.75
$1194.80
$725.12
Silverado Pump Station
New formerly G-1202
Kohler
80REOZJF
81kW
$231.75
$843.57
$457.32
Hillcrest Pump Station
New
Kohler
100REOZJF
100kW
$231.75
$843.57
$457.32
Repair (Hourly Rate)
Regular
Overtime
Double Time
$144.20
$216.30
$288.40
Rates may be adjusted annually beginning one year from the Effective Date of this Amendment, not to exceed 3% per year. 2 Amendment No. 1 to Agreement C2021-261 Page 2 of 3 Form 2.2.1 (2022-11-10) Generator Load Bank Testing and Preventive Maintenance
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