FIRST AMENDMENT TO INSTALLATION MAINTENANCE AGREEMENT FOR ROLLS ROYCE HELICOPTER ENGINE C20B BUDGETARY TURBINE OVERHAUL AND GEARBOX BUDGETARY OVERHAUL.
H.E.R.O.S. INC.
THIS FIRST AMENDMENT TO INSTALLATION MAINTENANCE AGREEMENT FOR ROLLS ROYCE HELICOPTER ENGINE C20B BUDGETARY TURBINE OVERHAUL his TAt day of MARCH
corporation hate ractor, municipal to porfolo (Ciry, and H.E.R.O.S. INC., an Arizon
RECITALS
WHEREAS, on or about October 29, 2021, City and Contractor entered into that certain Installation Maintenanco Agreement for Rolls Royce Helicopter Engine C20B Budgetary Turbine Overhaul And Gearbox Budgetary Overhaul ("Agreement"); and extend stem of, the rement to terminar 02022; a, 202, Giry and Contractor desire to WHEREAS, City and Contractor desire by this First Amendment to mutually agree upon the compensation to be paid to Contractor during the first extended term in the amount not to exceed One Hundred Forty-Seven Thousand One Hundred Fifty-Nine Dollars and Thirty-Nine NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated hercin by this reference, City and Contractor agree as follows:
The Agreement term is hereby extended for the term commencing April 1, 2022 through September 30, 2022.
City shall pay Contractor for the performance of the Services during the extended term of the Agreement an amount not to exced One Hundred Forty-Seven Thousand One Hundred Fifty-Nine Dollars and Thirty-Nine Cents ($147,159.39) as set forth in Exhibit A-l, attached hereto and incorporated by this reference.
All other terms and conditions of the Agreement which are not inconsistent with the terms of this First Amendment shall remain in full force and cffect as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to nstallation Maintenance Agreement for Rolls Royce Helicopter Engine C20B Budgetar 'urbine Overhaul and Gearbox Budgetary Overhaul to be duly executed the dav and vear firs above written.
CITY OF RIVERSIDE, a charter city H.E.R.O.S. INC., an Arizona corporation and municipal corporation.
By:
By: Printed Name: KAFFI RATBEROUNI
City Manager
Tile: Pressant / cFo
ATTEST:
Printed Name: Herus FAJBERZOUNE
By: _
City Clerk Tile: CHAsTemAN Or Tiro BoRRo
Certified as to funds availability:
By:
Chief Financial Officer
APPROVED AS TO FORM:
By:
Rahman N. Gerren
Deputy City Attorney
CA #21-1018.I RNG 03/01/22
2 EXHBIT A-1
Contractor's
Proposal
3 FAA CRS HEFR202K EASA 145.5929
HER .S.
RR M2SD.C20B Series Engine Assembly - 2022 Repair Parts Supplement 560 North 54th St. Suite #9 Chandler Arizona 85226
Tel: (480) 536 - 9207 E-mail: [email protected]
W/O# 210458 S/N: CAE-834269 TT: 17,839.3 TSO: 1605.8
Customer: City of Riverside Attention: Matt Pagano
Part Number Received: 6887190 E-Mail: [email protected] Part Number Out: 6887190
Item QLy Cond Part Number Description Parts Labor Total 1 1 SV 6890550 Compressor - Repair $17,486.53 $1,450.00 $18,936.53 2 SV 23069745 Turbine - Repair $94,405.49 $19,255.00 $113,660.49 3 1 SV 6887190 Engine - Hard Lines, packings, seals, assembly $3,312.37 S7,050.00 $10,362.37 4 1 TST 6887190 Engine - Functional Test $0.00 $4,200.00 $4,200.00 TOTAL ENGINE REPAIR PRICE: S115,204.39 $31,955.00 $147,159.39 TOTAL REPAIR COST PLUS ANY APPLICABLE SALES TAX: $147,159.39 H.E.R.O.S. RESERVES THE RIGHT TO ADJUST THE TOTAL OVERHAUL/REPAIR COST SHOWN HERE UP TO 5%
TO COVER ANY COSTS ASSOCIATED WITH PRICE INCREASES, PARTS AVAILABILITY AND/OR ANY OTHER UNFORESEEN CONDITIONS. THE FINAL INVOICE WILL REFLECT ANY ADJUSTMENTS AS NECESSARY. PRICE ADJUSTMENTS GREATER THAN 5% WILL BE QUOTED & APPROVED BY THE CUSTOMER PRIOR TO COMPLETING WORK.
By accepting this quote, you acknowledge having received, reviewed and accepted our warranty policy.
Copies of our current policy are available upon request or on our web site at www.herosinc.com.
NOTICE TO CUSTOMER
210458 C20B Engine Repair 2-22-22 OC Approval is on File Rev: 4
FAA CRS HEFR202K EASA 145.5929
HEROS
RR M250-C201 Series Engine Assembly - 2022 Repair Parts Supplement 560 North 54th St. Suite #9 Chandler Arizona 85226
Tel: (480) 536 - 9207 E-mail: [email protected]
W/O# 210458 S/N: CAE-834269 TT: 17,839.3 TSO: 1605.8
Customer: City of Riverside Attention: Matt Pagano
Part Number Received: 6887190 E-Mail: [email protected] Part Number Out: 6887190
INSPECTION, REPAIR AND/OR OVERHAUL IS PERFORMED USING METHODS & PROCEDURES DESCRIBED IN THE ROLLS ROYCE TECHNICAL PUBLICATIONS, STANDARD SHOP PRACTICES & OTHER FAA APPROVED PROCEDURES. THIS
ESTIMATE HAS BEEN PREPARED IN CONSIDERATION OF USING FAA APPROVED PMA PARTS, FAA/DER APPROVED REPAIRS AS WELL. AS ORIGINAL EQUIPMENT (OEM) PARTS. APPROVAL OF THIS ESTIMATE CONSTITUTES YOUR ACCEPTANCE & AUTHORIZATION FOR USAGE OF THESE PARTS.
THIS QUOTATION IS VALID FOR 20 DAYS ONLY.
PLEASE BE ADVISED THAT IN CASE THIS COST ESTIMATE IS NOT APPROVED, WITHIN 20 DAYS FROM DATE OF THIS QUOTATION, AND NO OTHER SPECIAL ARRANGEMENTS HAVE BEEN MADE TO EXTEND THE 20 DAYS
PERIOD, WE WILL, EITHER RETURN THE UNIT IN AS - IS CONDITION AND / OR WE MAY CLOSE THE WORK ORDER FILE AND ISSUE AN INSPECTION FEE OF $12,500.00 TO COVER OUR EXPENSES. IF APPROVED BY YOU, WE MAY STORE THE UNIT FOR ANOTHER 90 DAYS IN OUR FACILITY. UNLESS OTHER ARRANGEMENTS ARE MADE, WE WILL RETURN THE UNIT AFTER 90 DAYS.
Quoted By: Blake Davies Date: 22-Fch-2022
Approved By: Date:
Print Name & Sign
210458 C20B Engine Repair 2-22-22 QC Approval is on File Rev: 4
FAA CRS HEFR202K / EASA 145.5929
H.E.R. .S.
RR M250-C20B Series Engine Assembly - 2022 Repair Parts Supplement 560 North S4th Street Unit 9, Chandler, AZ 85226 USA
Tel: (480) 536 - 9207 E-mail: [email protected]
W/O# 210458 S/N: CAE-834269 TT: 17,839.3 TSO: 1605.8
Customer: City of Riverside Attention: Matt Pagano
Part Number Received: 6887190 E-Mail: [email protected] Part Number Out: 6887190
Item Qly Cond Part Number Description List (Each) Discount Total 1 1 NE 2020 Engine Assembly Kit $931.82 5% $885.23
2 NE 6876333 Tube Assy, Anti Ice Valve, LH $367.75 5% $349.36 3 1 NE 23060814 Igniter Lead Assembly (SS 6870855) S1,783.55 5% S1,694.37 4 1 NE 23053191HT Lever, Anti Ice Valve $58.35 35% $37.93 5 NE 6856986HT Poppet & Seat Assembly; PMA S507.21 40% $304.33 6 1 NE ANI21662 Pin - Anti Ice Valve S43.32 5% $41.15
Total Parts: $3,312.37
| Engine Assembly - Disassemble to separate and remove modules, accessories and 32 SV Labor lines. Clean, visual inspect all air, fuel & oil lines, Exciter Box, Ignitor Lead & S5,600.00 Plug. Review log book, CEB Verification and final assemble. 2 1 SV Labor Anti-Icing Valve Repair DCI, Reassemble and test $250.00 3 4 SV Labor Discharge Air Tubes (x2); Clean, repair minor dents, inspect Seal Ring groove and NDT FPI as needed $700.00
4 - 3 SV Labor Fuel Nozzle, clean, replace shroud, flow and test $500.00 Total Labor, Rework & Modifications: $7,050.00
TOTAL REPAIR COST PLUS ANY APPLICABLE SALES TAX: $10,362.37 210458 C208 Engine Repair 2-22-22 QC Approval is on File Rev: 4 Page: 3 of 6 H.E.R.O.S., Inc. Proprietary Data Date: 01-01-2019 FAA CRS HEFR202K / EASA 145.5929
H.E.RO.S.
RR M250-C20B Compressor Assembly - 2022 Repair Cost Estunate Muscent Esse Ross One Surce
S60 North 54th Street Unit 9, Chandler, AZ. 85226 USA
Tel: (480) 536 - 7029 E-mail: [email protected]
W/O# 210458-2 S/N: CAC-42867 TT: 8391.9 TSO: 1605.8
Customer: City of Riverside Attention: Matt Pagano
Part Number Received: 6890550
Part Number Out: 6890550
Item Qty. Cond Part Number Description LOEM List (ca.) Discount Total OHC 23057142 Compressor Case Halves - Overhaul (Subject to Possible additional charges) - Exchange Exch $16,000.00 2 43 NE 23087640-0805 Bolt, Case Halves, Alt 6849468-0805 $33.08 5% S1,351.32 3 43 NE 6859880 Nut, No I Bearing, Part of OH Kit $3.31 5% $135.21 Total Parts: $17,486.53
1 22 sv Labor Minor Lepair Remove and inapest compresso ease Clan and inspect nor Re S1,450.00 Total Labor & Rework: $1,450.00
TOTAL REPAIR COST PLUS ANY APPLICABLE SALES TAX: S18,936.53 FAA CRS HEFR202K EASA 145.5929
HEROS. RR M250-C20B Series Turbine Assembly - 2022 Overhaul Cost Estimate HERE SACRE ONW: SAKE 560 North 54th Street Unit 9, Chandler, AZ. 85226 USA Tel: (480) 536 - 9207 E-mail: [email protected]
W/O# 210458-1 S/N: CAT-22771 TT: 11683.7 TSO: 1605.8
Customer: City of Riverside Attention: Matt Pagano
Part Number Received:(C20B) 23069745
Part Number Out:(C20B) 23069745
Item QLy Cond Part Number Description List (Each) Discount Total NE 2030 Turbine Consumable Kit $976.21 10% $878.59
2 1 NE 2030-1 Turbine Installation Kit S184.76 10% $166.28 3 NE 6829641 Nut, Spanner, No. 5 Bearing $149.42 5% $141.95 4 1 OHC 23037447 Sump Cover, Exchange S6,861.52 Exch $2,500.00 5 NE 23068265 GP Tie Bolt (AD2006-13-06/CEB-A-1376) $607.35 5% $576.98 6 NE 23073854 2nd Stage Turbine Wheel S18,123.17 5% S17,217.01 7 2 NE 23007202AL Bearing, No. 6 & 7, Roller; PMA SB M250-10117 $884.67 20% $1,415.47 8 2 NE 23009573HT Positioning Plugs - No. 1 Nozzle Shield; PMA $65.53 25% $98.30 9 NE 23031478AL. Bearing. Ball, No. 8; PMA (CEB-1326) SB M250-10107 $2,549.52 20% $2,039.62 10 1 NE 23055939TA Nozzle, 4th Stage - Enhanced; PMA (CEB-1365) $23,137.32 27% $16,890,24 11 NE 6871505AL. Bearing, Ball, No. S; PMA (Not available till November20) $1,050.57 15% $892.98 12 NE E23030981 Nut, PT Inner; PMA S227.79 17% $189.07
13 NE E23031938-UC Nozzle, 2nd Stage; Undercut, PMA; Exchange (2308606 $24,548.99 Exch $7,500.00 14 1 NE E23073533 No 1 Nozzle Shield, PMA (M250-10003) $6,020.82 15% $5,117.70 15 1 NE E6898764 No. 5 Bearing Carbon Bellows Seal; PMA $1,170.47 15% S994.90 16 1 NE E6875491 Mating Ring $260.78 15% S221.66
17 NE M250-10223 Wheel, Ist Stage (SS 23073853) $16,033.67 5% S15,231.99 18 NE M250-10416 Shaft, PT Outer (SS 23037413 per CB-1414) S3,947.49 5% $3,750.12 19 NE M250-10445 Wheel, 4th Stage - Enhanced (CEB-1365) $18,926.59 5% S17,980.26 20 1 NE M250-10473 3rd Stage Turbine Wheel - Enhanced (CEB-1-1428) $23,456.93 Customer Supplied 21 NE M250-10550 Diaphragm, 2nd Stage Nozzle (CEB-A-1375) S634.08 5% $602.38 TOTAL PARTS $94,405.49
1 Labor Overhaul - Disassemble, clean, overhaul inspect, FPI, MPI, bulletin verification, OHC $9,600.00
pre & final machining of seals, NI & N2 balancing and assembly. 2 SV Labor GP Support Repair - Metalize Manges, weld repair minor cracks, R&R pins. $2,640.00 SV [Labor Ist Stage Nozzle Repair - Flow & Restore Surface O $2,310.00 4 SV Labor Jet Cal Thermocouple $875.00
ORC Labor 2nd Stage Nozzle- Flow and adjust to optimum $880.00 SV Labor 3rd Stage Nozzle - Repair & adjust flow area S1,500.00 1 OHC Labor PT Inner Shaft - Overhaul $1,450.00
Total Labor, Rework & Modifications: $19,255.00
TOTAL OVERHAUL COST, PLUS ANY APPLICABLE SALES TAX: S113,660.49
INSTALLATION MAINTENANCE AGREEMENT
FOR ROLLS ROYCE HELICOPTER ENGINE C20B BUDGETARY TURBINE
OVERIIAUL AND GEARBOX BUDGETARY OVERHAUL
H.E.R.O.S. INC.
On this 29th day of october _ 202l, the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and H.E.R.O.S. INC., an Arizona corporation, ("'Contractor"), mutually agree as follows:
Scope of Work. Contractor shall furnish all equipment and labor for the C20B Term. The term of the Agreement shall begin on the date first written above and terminate on March 31, 2022.
3. Compensation. Contractor shall perform the Services under this Agreement for the total sum not to exceed One Hundred Twenty Five Thousand Seven Hundred Forty Dollars Eighty Five Cents ($125,740.85) ("Contract Price"). Payments shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 13 hereof.
4. Extra Materials. Contractor shall not be compensated for any extra materials used or time expended over and above the Contract Price, unless prior written approval for the same has been granted by City. In addition, Contractor shall only be compensated for services and materials actually rendered.
Business Tax Certificate. As a condition of this Agreement, Contractor shall secure a business tax certificate to operate in the City of Riverside, pursuant to Chapter 5.04 of the Riverside Municipal Code, and shall also secure any other licenses or permits which may be required.
Termination/Default. City shall have the right to terminate any or all of Contractor's Services and work covered by this Agreement at any time upon thirty (30) calendar day's written notice to Contractor. In the event of such termination, Contractor shall submit Contractor's final written statement of the amount of services provided as of the date of such Votwithstanding the foregoing, the City may liminate Contractor's performance of thi greement upon five (5) calendar day's written notice if Contractor fails to promptly begin performance of the Services; or b. Contractor fails to pertorm the Services in accordance with the Contract Documents, including conforming to applicable standards set forth therein. or refuses to remove and replace rejected materials or unacceplable work: or c. Contractor discontinues performance of the Services: or d. Contractor fails to make payment to subcontractors: if'any: for matcrials or labor in accordance with applicable law; or
e. Contractor disregards laws, ordinances, or rules, regulations. or orders of a governmental authority having jurisdiction: or
r. Contractor otherwise is guilty of breach of a provision of this Agreement: or g. Contractor becomes insolvent. is adjudicated bankrupl. or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations.
A receiver, truster, or other judicial officer shall not have any right. title, or interest in or to this Agreement. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.
Workers" Compensation Insurance Certificate. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers compensation or to undertake self-insurance before commencing any of the Work. Contractor shall comply with Labor Code Section 186l by signing and filing the workers compensation certification attached hereto and incorporated herein by reference. a. Evidence of Coverage. Prior to the City's execution of' this agreement. Contractor shall file with the City either 1) a certificate of insurance or self-insurance evidencing that such insurance is in eflect. or that Contractor is self-insured for such coverage; or 2) a certified statement that Contractor has no employces, and b. Carrier Rating. Contractor's workers" compensation insurance carrier shall be authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VIl or larger. c. Subcontractor Worker's Compensation Insurance. Contractor shall require each of its Subcontractors to obtain and maintain for the duration of this Agreement. 2 complete workers" compensation insurance. meeting or exceeding the coverage's and amounts that California law requires.
8. Contractor's Liability Insurance
a. Minimum Scope. Prior to City's execution of this Agreement and Contractor's commencement of Work. Contractor shall secure. submit proof of and shall thereafter maintain without interruption. until completion of the Contract. such commercial general and automobile liability insurance as shall protect Contractor. its Subcontractors and the Additional Insured's from any and all claims for damages for personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under the Contract, whether such operations be by or on behalf of Contractor, any subcontractor or anyone direcily or indirectly employed by, connected with or b. Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII c. Minimum Limits. Contractor shall maintain minimum limits of insurance as follows:
(1) Aviation General Liability: Contractor's aviation general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited 1o. premises operations liability, products- completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $25,000,000 per occurrence. an aggregate limit for products/completed operations in the amount not less than $2.000.000.
(2) Automobile Liability Insurance: Contractor's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1.000.000 per occurrence and an aggregate limit of not less than $1.000.000. All of Contractor's automobile and/or aviation general liability vehicles. Contractor's employee vehicles. non-Contractor-owned vehicles Notice of Cancellation and Renewals. The policies shall not be canceled unless 3 and set forth on its Certificate of Insurance provided to City). Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies. Contractor shall procure within five (5) days. other policies of insurance similar in all respects 1o the policy or policies to be cancelled or altered. Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.
e. All Coverages. The insurance policy or policies shall also comply with the following provisions:
Policies shall include premises/operations. products completed operations. independent contractors, owners and contractors protection, explosion. collapse. underground hazard. broad forin contractual. personal injury with employment exclusion deleted, and broad form property damage. (2) Policies shall be endorsed to waive any right of subrogation against the City and its subcontractors, employees. officers. agents and directors for work performed under this Agreement.
3). If policies are written on a claims-made basis. the certificate should so specify and the policies must continue in force for five (5) years after completion of the Projec. The retreactive date of the coverage must also (4) Policies shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City of Riverside. Contractor shall provide Form No. CG 2001041310 City.
(5) All policies of insurance shall name the City as an Additional Insured and shall contain the following language: "Solely with respect to work done by and on behalf of the name insured for the City of Riverside, it is agreed that insured order his polind is oficers and employes are added as aditional Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City's request. Contractor shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by thi Irticle. Each certificate and endorsement is to be signed by a person authorized b that insurer to bind coverage on its behalf. The City of Riverside, its City Counci and all of its respective officials. officers. directors. employees. managers commission members, representatives. agents and council members shall be named 4 Contractor's Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event.
Contractor shall immediatcly notify City and ceasc all performance under this Contract until further directed by the City: In the absence of satisfactory insurance coverage. City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys' fees and costs agains Contractor by way of set-off or recoupment from sums due Contractor: (b) immediately terminate or suspend Contractor's performance of the Contract: (c) pay Contractor's premiums for renewal of Contractor's coverage; or (d) self-insure the risk. with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys fees and costs. being collectible from Contractor. by way of set-off or recoupment trom any sums due Contractor. Upon demand. Contractor shall repay City for all sums that City paid to obtain, renew, reinstate or replace the insurance, or City may otisel the cost against any monies that the City may owe Contractor.
Verification of Coverage. City shall have the right to oblain complete and certified copies of Contractor's and Subcontractors' insurance policies (including, but not limited to. the declarations page. form list and riders), endorsements or certificates required under the Contractor Documents. upon request (including, but not limited to, the declarations page. form list and riders).
i. Reassessment of Insurance Requirements. At any time during the duration of this Contract, the City may require that Contractor obtain. pay for, and maintain more or less insurance depending on the City's assessment of any one or more of the following factors: (1) the City's risk of liability or exposure arising out of, or in any way connected with. Contractor's services under this Contract; (2) the nature or number of accidents, claims. or lawsuits arising out of. or in any way connected with, Contractor's services under this Contract; or (3) the availability, or affordability. or both, of increased liability insurance covcrage. j. Contractor's Insurance for Other Losses. The Contractor and its Subcontractors of every tier shall assume full responsibility for all loss or damage from any causc whatsoever to any tools, Contractor's (or Subcontractors") employee owned tools. machinery, equipment. or motor vehicles owned or rented by the Contractor. or the Contractor's agents, suppliers or Subcontractors as well as to any temporary structures, scaffolding and protective fences.
K. No Limitation. Contractor's maintenance of insurance as required by the Contract Documents shall not be construed to limit the liability of the Contractor or its Subcontractors of any tier to the coverage provided by such insurance. or otherwise limit the City's recourse to any remedy available at law or in equity.
I. Subcontractors" Insurance. The Contractor shall include in all subcontracts a reinum al insura Su required or paragraphs ana obtains greaten eac that the limits of liability and deductibles shall be in amounts determined by the 5 Contractor. based on the degree of hazardous exposure according to the Work performed by each Subcontractor and the size of each subcontract.
Contractor shall ensure that any professional engineer retained on its behalf to provide supplemental plans and engineering calculations required in conjunction with the Work, maintains professional liability insurance during the entire term of this Agreement. Such insurance shall be in the minimum amount of $1,000,000 to protect City from claims resulting from the engineers) activities. This minimum amount of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations set forth herein.
The City reserves the right to request certificates of insurance from the Contractor for each Subcontractor. The Contractor acknowledges that regardless of insurance obtained by its Subcontractors, the Contractor will be responsible to the City for any and all acts of its Subcontractors.
9. Indemnification. Except as to the sole negligence. active negligence or willful misconduct of the City, Contractor shall indemnify and hold the City, and its employces, officers. managers. agents and council members, harmless from any and all loss. damagc, claim for damage. liability, expense or cost. including attorneys' fees. which arises out of. or is related to. or is in any manner connected with, the performance of Work, activities, operations or duties of Contractor, or anyone employed by or working under Contractor, and from all claims by anyone employed by or working under Contractor for services rendered to Contractor in the performance of this Agreement, notwithstanding that the City may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of anyone employed by or working under Contractor.
"The parties expressly agrec that any payment, attorneys" fees. costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or carly termination of the Agreement.
10. Duly to Defend. Contracior agrees, at its cost and expense, to promptly defend the City and the City's employees, officers, managers, agents and council members (collectively the "Parties to be delended) from and against any and all claims. allegations. lawsuits or other legal proceedings which arise out of, or are related to, or are in any manner connected with: I) the Work. activities, operations, or duties of Contractor. or of anyone employed by or working under the Contractor, or 2) any breach of this Agreement by Contractor. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless. or which involve claims or allegations that any of the Parties to be defended were actively, passively or concurrently negligent, or which otherwise assert that the parties to be defended are responsible. in whole or in part. for any loss, damage or injury. Contractor agrees to provide this defense immediately upon written notice from the City. and with well qualified. adequately insured and experienced legal counsel acceptable to the City.
6 Non-Discrimination. During Contractor's performance of this Agreemens, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, genetic information, gender, gender identity, gender expression, sex or sexual orientation, in the sclection and rerention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination is available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. Further, if applicable, pursuant to Labor Code Sections 1725.5 and 1771.1, Contractor and its subcontractors shall register with the Department of Industrial Relations. Registration can be accomplished through the Department of Industrial Relations website by using this link: http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:
City Contractor
City of Riverside H.E.R.O.S. Inc.
Riverside Police Department Attn: Blake Davies
Attn: Aviation Unit 560 N 54th Street, Suite 9
7020 Central Avenue Chandler. AZ. 85226
Riverside. CA 92504
Venue. Any action at law or in equity brought by either of the parties hereto for
15. General Compliance with Laws. The Contractor warrants that in the performance of this Agreement, it shall comply with all Federal, State and local laws and ordinances and all lawful orders, rules and regulations.
16. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term. 7 condition, covenant and/or restriction. in whole and/or in part, in this Agreement is declared invalid. unconstitutional. or void for any reason, such provision or part thereof shall he severed from this Agreement and shall not affect any other provision, term. condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.
17. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.
18. Entire Agreement. This Agreement constitutes the final, complete, and exclusive slatement of the terms of the agreement between the parties pertaining to the subject matter of thi:
\greement, and supersedes all prior and contemporaneous understandings or agreements of th partics. Neither party has been induced to enter into this Agreement by. and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
19. Government Code Claims Procedures. Contractor acknowledges and agrees that its failure to submit any claim arising under this Contract shall constitute a waiver of Contractor's right to additional compensation and/or extension of time. Contractor further acknowledges that it must comply with the claims procedures set forth in Government Code sections 900 set seq. prior to filing a lawsuit against the City for any such claim. Failure to submit a Government Code claim shall bar Contractor from bringing and maintaining a valid lawsuit against the City.
20. No Estoppel or Waiver by City. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder. except as may be specifically provided in this Agreement or as may be otherwise agreed in writing. The waiver by the City of any breach or violation ofany term. covenant or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term. covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term. covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by the City which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term. covenant, condition of this Agreement or of any applicable law or ordinance.
•
(SIGNATURES ON FOLLOWING PAGE]
8 •
IN WITNESS WHEREOF the parties hercto have caused this Agreement to be executed the day and year first above written.
CITY OF RIVERSIDE, a California charter II.E.R.O).S.. INC.. an Arizona City and municipal corporation corporation
assistant City Manager By Her Kherence"
or lany
Printed Name: HéRos PAStERCONI
Attest:
En Causer
,By:. By: _
fur City Clerk
Printed Name: RAFES KAJBETROINF
Title:_CFo
Approved as to form:
By: _ cuter
Deputy City Attorney
CERTIFIED AS TOFUNDS AVAILABILITY:
Chief Financial Officer City Treasurer
21-1018 EHM 9/27/21
O: CycumiWpolocsD01.310026:00288166.1s
9 WORKERS COMPENSATION CERTIFICATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to he insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Codc, and I will comply with such provisions before commencing the performance of the work of this Contract.
Date: I/28/2021 H.E.R.O.S. INC.
By:
EXHIBIT "A"
Contractor's Proposal
FAA CRS IILFR202K BASA 145 5929
HER S RR M330-620B COR Senes Tibine Assembly • 302l Repair (erlan ('ont Estrate S00 Mont Stib Street lant 9 Chundler. AZ 85236 UISA
Tel: 84800>536.920: L-mal blaks a herosins con
(20B Budgetary Turbine Overhaul Fatimate -d Wheel
Customer: C'its of Riverside Atteation: Wayne
Part Number Hereived: ( 20B) 23069745
Parr Sumber (Jut: 208) 23064715
Cond Pan Number Description List (Each) Discount Total
item
NE 51.297-19 50 S1.232.62
2030 Tertune Consumable Kit
$16331 5154.35
2 NE 3030-1 Turbine Installation Kit
NE 6841676 S.1861 50. $16.68
3 Ciasket. N? Rotor
Oil Samp Cover. Exchange 50.54.78 Exch 52.24) OD
OHC 0838547
NE 6892823 No 2 Nazile Inner Ring 5101.04 1°. 515487
CHC 6898731 IPT Support Assembly: Exchange S0.88567 $5.950.00 S1201.31 20% 52.633.05
OHC 23062754 FIsa Stage Nozde • NEW Vane Ring
NE M250-10473 3rd Stage Turbine Wheel • Enhanced Pending Crodit $22,139 93 C'ustrener Sepplied NE 23068265 CiP Tie Bolt $5676J Customer Supplied
S73111 EXCH $2.150.00
OHI• 23073533 1st Senge Nozzle Shield ‹FRO M24 pm Fischange NE. 23073854 Znd Stage Turbine Wheel S1G.23251 (astomer Supplied 11 12 NE 23081419 Daphragn, Ind Stape Nozzle (CFB-4-1574924-108su) 5108 19 50% 556828 13 NE 23001203HT Statinary: Seal - PT Support (19.34). PMA S1.518 63 20° S1,21490 23004304HT lower I.car-PT Suppurt. PMA 5209.18 Customer Supplied 15 NF 21007202A1 Bearing, No, lo & 7. Roller: PMA SBM!40-111? 58419 Customer Supplies 23031478AL Bearing, Ball. No. B. P.MA I CD-1320 SB M:*-307 $2.128.11 Customer Supplied 17 NE: 23051320HT lEsternal Oil Saap ('an. PMA SI3H0 20%. S1.05132 18 NE: 23071099HT and Stape Spline Adapter, PMA SI.W0183 Custoner Supplied 19 NE 23090547HT Scal, No 19.31 Gailics, P'MA (7G-(alA) 5286 11 20°. 522889 20 NE: 682911HT Nut. Spanner. No S Scanne. PNA $1$2-40 20°- S11392 21 NF 6871505A1 Bearing. Ball. No 5: PMA S1.000 5- 20°% 5800-13 536/178 S208.63
22 NE 687549111 Ring. Mang, No. 5 Bearing Scal: PMA
23 NF E0811423 Dumper Sieginest; PMA 571 MS 20°. 545981 $2.02003 300. 52.00083
24 NE H250-1002-1 25-28 Serrated Seal: PM ess 25030428-10 35 NE M150-10223 Wheel, Ist Staye (SS210734131 S15.02010 Castaner Supplied 36 NE M250-I(815 N? Coupling: /WH250-10416 (SS 6870812 per C'EB-1-114) 52.76:05 C'ustomer Suppired 27 NE M2S0-10135 Wicel, 4th Stage - Enhancod (CEB-1.1A3) S17,899.37 ". $1G.962.51 TOTAL PARTS S45.171.22
CZUB Budgetary Turbine Overhaul Estimate 8-30-21 X Approval is on Fi Ror 11 Pago 1 at 2 1EROS, ine Propectary Dal Dale. 05.03.2020
FAACKS HEROIN BASA 1455934
HER S RR M250-(2019 30R Sieres Vestone Assemble • 3021 Rewar Certal (est stande 500 North 5sh Sent Liano Monka. A/ 56226 UNt
C20B Budgetary Turbine Overhaul Estinate - d Wheel
City of Riverside
Part Number Recrived:((.2013) 23069745
Part Number Oar: ( 208) 23064745
Item | Qty Cond Part Number Descriptice List (fach Discound Tutal Overtal - Dissuerable clean. overhaul inspect. FPI. MPS. bulletes serifican pre de final 59.300.00 OHC Labor
machining of scals, NI & N? balancing and assemble.
OHK Labor CP Sapport Oserhaul - Plas icaring Im: wal & sloulchr Eshauy Collector Onerhaul - Plate beanng hore it scal chameter. meld repair cracks.
ONC Labor POSSIBIE SCRAPPAGE DURING OVERHALL FOR AIT PD MINIMUM THICKNESS. $4.675.00 I SCRAPED OUT. ADDITIONAL CORE CHANGES WILL APPLY
ONC Labor Vertical Firestield Orerhaul - FLATE. RATE $82500 SV Labor 3rd Stage Nozzle - Repaur &i adjuse Num area 588000 ОЖ Labor $5.087.50
7 ' OH Labor PT Inner Shaft- (hortaul SI.265.00
8 UHC Labor Pl Outer Shan - Overhaul S1.5-10.00
FR Funstional Tea - Incurles insallation & cardron from HERO.5 malies $t,20000 Total Labor, Renork & Modifications: $32.902.50
TOTAL. BUDGETARY OVERHAIL COST, PLES ANY APPLICABLE SALES TAX: 578.373.72 Orused By Blatic Davies Date 30-Auy-2021
Czels Butpetary Tute Overtaus Esimste 0-30-21 Hor 11
CC Apprarals on Fee
Pago: 2 ef2 HEROS. Ine Propnotary Ost: Dato 05-03-2020
FAA CRS WEFR202K EASA 145.5929
H.E.R. 560 North S-lth Street LInit 9. Chandler. A/. 85226 LISA RR. M250-62083 201 Series Gearhos Armble - 2021 Overhaul Cist Estimale Tel: (180) 536 - 9207 E-mail: hake re herosins. com
Gearbox Budgetary Overhaul Estimate
C'ustomer: Riverside PD Attention: Wayne Young
Part Numher Received: 6894171
Part Number Out: 6894171
Cond Part Number Description List (Each) Discount Totall NE 2020 Overhaul Kit. Less PTO Scals $760.69 5% $722.66 NE: 2020-1 Gearbox Installation Kit $215.82 5% S205.03
3 NE 6843386 Poppet Valve Guide - Oil Pressure Regulator $278.30 5% $264.39 2 NE 6853455 lube. Oil Trunster $208.71 5% 53%.55
1 NE 6855319 Cover $33.25 5% $31.59
6 NE 6859433 Bearing. Ball. Torque Meter Piston $671.92 5% $6.38.32 7 NE 6886435 Cup Washer - Torque Muter Spanner Nut $267.54 5% $254.16 8 NE 68864-16 Torque Micter Support Shaft S1.478.75 5% S1.704.81 9 OHC 23004553 Bearing. Ball AFT PTO: IEl: 1250-10113 S1.405.85 30% $984.10 10 NE 23088398 Magnetic Chip Detector 1586871534) $556.67 5% $528.84 NE 23091293 Scal. FWD PIO: I.IP. Singk $228.11 5%% $216.70 12 NE 23091353 Seal. AFT PTO: LIP. Single $228.11 5% $216.70 13 NE 23034787AL Bearing. Roller. No. 2 1/2: PMA $1.028.73 5% 5077.24 14 NE 23035299 Turyu: Meter (icarshall $13.313.08 5% $12.647.43 15 NE 23071793111 Torque Muter Damper Ring KC1:8-1.56.4 $250.59 20% $200.47 16 NE M250-10109 No. 3-/ Roller Bearing ess 23052207, $1.042.36 5%% 51.980.48 17 NE 230555466 Gearbox C'oser Pares $1.50 5% S0.48
18 NE 23008021 Gearbox Housing Parts $700.98 50% S665.93 19 NE M250-10115 Accesson Hearing (ss 23005319) $359.42 5% S1.025.77 20 6 NE M250-10116 Accessory Bearing ess 23007151) $278.83 5% $1.584.33 21 NE MS9321-09 Washer S4.35 5% $26.10
Total Parts: 52-4,977.13
C2OB C20R Gearbox Pricing 2020 QC Approval is on Fite Rev: 7
FAA CRS HEEROIK LASA 145.5924
S. 560 North Sull Servet Init 9. Chandler. AV. 85226 115.1 RR M250.C20B/ C20R Series Guarbox Assembly - 2021 Overhal Ciost Estimate Tel: (480) 536-9207 E-mail: blakeshcrosinc.com
Gearbox Budgetary Overhaul Estimate
Customer: Riverside PD Attention: Wayne Young
Part Number Received: 6894171
Part Number Out: 6894171
Cond Part Number Description lis (lach) Discoum | Total .1cm
(overhaul- FLATE RITE - Disassembly: clan, inspect inchuding FPI & MPI) & 57.950.00 22 FR Labor Lassemble. Kopair & modify as necessary:
SV Labor Pinion Bearing Nozzle - Flow & Targets check $350.00 - - SV Labor Oil Pressure det - Flon & Targst Check 5350.00 25 PS SV Labor (fiearbox Cover Repair $3.150.00
PS SV Labor Crearbox Housing Repair S4.590.00
26 $1.800.00
1 SV I ahur Oil Filer Housing Repair / Overhaul - FLATE: RATE 28 SV Testing Functional Test - Includes installation & earlown from II.E.R.O.S. modules S4.200.00 Total Labor. Rework & Modifications: | S22,390.00
TOTAL OVERHAUL COST PLUS ANY APPLICABLE SALES TAX: $47,367.13 Quated By: Blake Davies Date: 30-Aup-2021
C20B C20R Gearbox Pricing 2020 OC Aporoval is on File Rev: 7