For your convenience, all pricing has been itemized below per quote Q3673-0001 for Victorville Fire Department
Base Module $ 146,225.00
Chassis Exterior $ 13,275.00
Module Exterior $ 65,600.00
Chassis Interior $ 26,375.00
Module Interior $ 8,475.00
Total $ 259,950.00
Items included in above totals:
1. Type I 14' Module - Transverse Unit Configuration $ 5,325.00
2. This is a CAAS GVS v3.0 Unit $ incl
Chassis Exterior:
3. Heat Shielding for Diesel Chassis $ 2,025.00
4. Chassis Paint Layout: Paint Half - Frazer White (Frazer White) $ 5,600.00
5. Chassis : 2023 International CV 515 (Class 4), Diesel, 4x4, Regular Cab, 108" Cab to Axle, NAV 2562 - Red (FLNA 31886)
$ incl
6. Suspension: Factory Liquid Spring $ incl
7. Wheel type: Factory Aluminum $ incl
8. Road Force Elite tire and wheel balancing $ incl
9. Chassis Step Diamond Plate Panels $ 650.00
10. 10" and 12" Air Horns $ 1,450.00
11. Compressor Type: Fast Recovery $ 1,875.00
12. Air Horn Switching Options: Momentary $ 125.00
13. Passenger's side Grille Light: Whelen M6 Clear Light $ 100.00
14. Driver's side Grille Light: Whelen M6 Red Light $ 100.00
15. Passenger's side Intersect Light: Whelen M6 Red Light $ 100.00
16. Driver's side Intersect Light: Whelen M6 Clear Light $ 100.00
17. Driver Fender Light: Whelen M6 Red Light $ 425.00
18. Passenger Fender Light: Whelen M6 Red Light $ 425.00
19. UNOC #1000 - Wire Clear lights to turn ON with Secondary and OFF with Park (this does NOT include Clear lights on brow light, which are switched independently of the other Clear lights)
$ 300.00
Chassis Exterior Subtotal $ 13,275.00
Module Exterior:
20. Power Source: MEPS $ 18,950.00
21. Module Paint Layout: Two Tone - Red (FLNA 3042) and NAV 9218 - Cameo White $ 4,650.00
22. Roof Color: NAV 9218 - Cameo White $ incl
23. Paint spray out card(s) needed — Red (FLNA 3042) $ 225.00
24. Supertherm Coating on Module Roof $ 1,700.00
25. Rear Wall 3M Conspicuity Layout - Chevron : Fluorescent Yellow/Green Base Color and Red - Translucent Overlay
$ 2,025.00
26. Conspicuity on Rear Entry Door Windows Matching the Rear Wall $ 250.00
27. Conspicuity Squares on Entry Doors Matching the Rear Wall $ 625.00
28. Conspicuity Strips on Compartments Matching the Rear Wall $ 375.00
29. Front Wall Placard: 11" x 8.5" Painted Side-Loading Aluminum Holder with Lasco $ 250.00
30. Driver Side Placard: 11" x 8.5" Painted Top-Loading Aluminum Holder with Lasco $ 250.00
31. Rear Wall Placard: 11" x 8.5" Painted Side-Loading Aluminum Holder with Lasco $ 250.00
32. Passenger Side Placard: 11" x 8.5" Painted Top-Loading Aluminum Holder with Lasco
$ 250.00
33. Frazer Provided Graphics $ 3,500.00
34. Body Drop on the Passenger's Side Forward of Rear Wheels $ incl
35. Hidden Switch Behind the Driver's Side Front Corner Stone Guard $ 300.00
36. Dri-Deck in Applicable Exterior Compartments $ 375.00
37. Transverse Compartment Type: (2) Sliding Trays with Shelf Above $ 3,350.00
38. Ground Lights: Perimeter of Module and Under Chassis Steps $ 4,000.00
39. GTT Opticom (Infrared) $ 2,475.00
40. Opticom Switching: On with Primary and Cut-off with park $ incl
41. Whelen TAM85 Traffic Advisor $ 1,875.00
42. Shore Power: Single 30 Amp auto eject w/ Red cover on Driver's Side Wall $ 625.00
43. Pigtail/Plug Option: Pigtail $ incl
44. Coax 1: Run coax from location 1 to Chassis $ incl
45. Coax 2: Run coax from location 2 to Chassis $ incl
46. Coax 3: Run coax from location 3 to Electrical Compartment $ incl
47. Coax 4: Run coax from location 4 to Electrical Compartment $ incl
48. UNOC #2337 - Furnish and install fixed shelf with vertical divider above slide-out trays in transverse compartment.
$ 350.00
49. Furnish and install (4) slide-out trays in transverse compartment:
- (2) trays with fabricated pans mounted on compartment floor; aft side and back of pans to be tall (ref. Northport E-2774)
$ 2,300.00
- (2) slide-and-tilt trays mounted on shelf
- 120 degree hold-opens on both doors
50. UNOC #217 - Furnish and install (3) Whelen M4V, Red, Super LED “V” series lights with chrome adapter flanges, with Red lenses: (1) mounted to inside of each module entry door
*Note: Wire RED to flash when entry doors are open and CLEAR to come ON at same time
*Note: Wire to ignition
$ 900.00
51. Front Wall Light Layout: Middle 5 Lights $ incl
52. Front Wall Light #1: Whelen M6 Red Light $ incl
53. Front Wall Light #2: Whelen M6 Red Light $ incl
54. Front Wall Light #3: Whelen M6 Clear Light $ incl
55. Front Wall Light #4: Whelen M6 Red Light $ incl
56. Front Wall Light #5: Whelen M6 Red Light $ incl
57. Front Wall Driver Side Box Light: Whelen M6 Red Light $ incl
58. Front Wall Passenger Box Light: Whelen M6 Red Light $ incl
59. UNOC #2553 - Extend height of front wall diamond plate panels by approximately 48". Make panels 6" wider than lower panels to ensure the front wall is covered behind the contour of the chassis.
$ 800.00
60. UNOC #2571 - Furnish and install 46" Black FireTech HiViz brow light (P/N FT-B- 46-B) on front wall of module in HIGH position, wired to console switch position 3 $ 2,475.00
61. UNOC #2572 - Use "Pinwheel Variable" flash pattern (number 154) for front and rear box lights only
$ 50.00
62. UNOC 1946 Front Wall light #3 to be steady-burn RED for California Compliance $ 125.00
63. Driver Wall Front Box Light: Whelen M6 Red Light $ incl
64. Driver Wall Rear Box Light: Whelen M6 Red Light $ incl
65. Driver Wheel Well Light: Whelen M6 Red Light $ incl
66. Side Scene Lights: Whelen Pioneer Plus Dual Panel LED (Surface) $ 3,750.00
67. O2 Compartment Style: Laydown O2 with Adjustable Shelf $ incl
68. O2 Rollers for an H Cylinder $ incl
69. O2 Cylinder Changing Wrench $ 125.00
70. O2 Regulator - Ship Loose $ 250.00
71. Electrical Compartment Style: Standard Electrical Compartment $ incl
72. Lower Storage Style: Standard Lower Storage $ incl
73. Compartment Above Wheel Well Style: Standard Compartment Above Wheel Well $ incl
74. Dometic Self-Contained A/C with Exhaust Fan $ incl
75. Rear Storage Compartment Style: Rear Storage with Adjustable Shelf $ incl
76. UNOC #2554 - Furnish and install (1) O2 bottle storage structure on D/S wheel well cladding
$ 500.00
77. UNOC #2573 - Hinge O2 compartment door on rear side of compartment opening, in lieu of standard; customer is aware latch level will change on the door $ 400.00
78. UNOC #2574 - Delete adjustable shelf and unistrut tracks from D/S rear storage compartment
$ -500.00
79. Module Window Option: Sliding Window $ incl
80. Upper Rear Wall Light Layout: 3 Across $ incl
81. Upper Light #1: Whelen M6 Load Light $ incl
82. Upper Light #2: Whelen M6 Amber Light $ incl
83. Upper Light #3: Whelen M6 Load Light $ incl
84. Lower Light #1: Whelen M6 Brake/Tail/Turn Red Light $ incl
85. Lower Light #2: Whelen M6 Brake/Tail/Turn Red Light $ incl
86. Lower Light #3: Whelen M6 Red Light $ incl
87. Lower Light #4: Whelen M6 Red Light $ incl
88. Rear Wall Driver Box Light: Whelen M6 Red Light $ incl
89. Rear Wall Passenger Box Light: Whelen M6 Red Light $ incl
90. Rear Backboard Options: 5" Compartment Shelf $ 300.00
91. Lower BTTs: 2 M6 Lights on each side $ 950.00
92. Rear Bumper $ incl
93. Door Grabbers $ incl
94. License Plate Light $ incl
95. UNOC #2575 - Replace vertical trim on rear wall with Aluminum diamond plate; powder coat Black to match lower diamond plate
$ 225.00
96. Passenger Wall Front Box Light: Whelen M6 Red Light $ incl
97. Passenger Wall Rear Box Light: Whelen M6 Red Light $ incl
98. Passenger Wheel Well Light: Whelen M6 Red Light $ incl
99. Passenger Scene Light Activated with Side Entry Door $ 425.00
100. Interior Step Option: Double Step Well $ incl
101. Passenger Rear Compartment Style: Passenger Side Storage Compartment $ incl
102. Door Locks on Entry Doors and Front I/O $ 1,900.00
103. Gas Hold Open on All Compartments $ 2,000.00
104. *Note to Engineering: Gas shock hold opens on O2 and front I/O compartment doors to be set at 90-degrees
$ incl
105. UNOC #504 - Furnish and install (2) O2 bottle storage structures on P/S wheel well cladding
$ 1,500.00
106. UNOC #2555 - Hinge front I/O door on the rear side of compartment opening, in lieu of standard; customer is aware latch level will change on the door $ 400.00
107. UNOC #2296 - In addition to gas shock hold-open on side entry door, install over- limit strap to prevent door from over-extending and damaging the shock $ 75.00
Module Exterior Subtotal $ 65,600.00
Chassis Interior:
108. Siren Speakers: 2 CAST Speakers $ 775.00
109. Tap-2 on Primary Siren $ incl
110. Siren Option: Whelen C9 Siren in Console $ incl
111. Mic 1 on passenger's side slot 2 $ incl
112. HAAS Alert System: HAAS Alert Responder to Vehicle - 3 Year Sub $ incl
113. Slot 1: Extended MDT plate - no swivel, no fuel gauge $ 125.00
114. Slot 2: Single Slot Switch Panel $ incl
115. Slot 3: Siren 1 $ incl
116. Slot 4: Radio Plate: 7.5 L X 2.5 W opening dims $ incl
117. Slot 5: Traffic Advisor Head $ incl
118. Slot 6: Single Blank $ incl
119. COMP OPEN / DOOR OPEN Red Warning Light on Driver side of siren plate on console
$ 475.00
120. Kussmaul USB/USB-C at Console $ 300.00
121. Console Switch Layout : Primary - Secondary - Blank - Kussmaul USB/USB-C - Side Scene (Driver's Side) - Side Scene (Passenger's Side) - Rear Load - Interior Lights - Air Horn -
$ incl
122. New Armrest $ 300.00
123. Console Layout: 6-Slot Console $ incl
124. Floor in Front of Console: Gamber Johnson Heavy Dual Cup Holder $ 250.00
125. Chassis Rear Wall: 3 High Glove Box Holder $ 300.00
126. Camera System: Voyager 7" Monitor with Back-Up Camera $ 2,175.00
127. Black Back-up Camera $ incl
128. Back-up warning system with speaker installed inside the console $ 1,275.00
129. Secure-Idle Anti-Theft System $ 850.00
130. Aftermarket Vinyl Seats $ 1,100.00
131. UNOC #643 - Furnish and install Newmar intercom system: $ 600.00
- (1) handset on chassis rear wall, on P/S of glove box holder - (1) handset on O2 stainless, 3" from the edge, above action wall countertop
132. UNOC #2576 - Furnish and install plate between seats in chassis cab, on rear wall, over rear window glass that connects to the chassis ceiling (see Thornton Fire) $ 150.00
133. UNOC #2577 - Mount 3-high glove box holder to plate over chassis rear glass, in lieu of rear wall
$ incl
134. UNOC #2578 - Move console as far to the rear as possible $ incl
135. UNOC# 1263 - Install customer provided Knox KeySecure in the chassis on the riser in front of the console - wired battery hot
$ 200.00
136. UNOC #1611 Furnish and install Federal Signal EQ2B:
- Control head in slot 3 and cycle/break switch at position 7 - (2) Under Pro Speakers installed under the front bumper like previous units. (Item#'s 27823, 27824)
$ 3,450.00
137. UNOC 2626 Furnish and install wireless FireCom intercom system:
- 210 base in the chassis cab
- (2) dual-eared wired headsets in the cab on hooks
- (1) dual-eared headset at the action wall
- (1) single-eared headset below the cabinet above the front I/O - Interfaced with the radio at the console
$ 11,775.00
138. UNOC 463 <add details> "Install customer provided radio equipment:
- Install (?) antenna on module roof with coaxes run to the electrical compartment - Install <type> radio base in the electrical compartment - Install router in the eleectrical compertment
- Install radio head at the console with speaker and mic - Install radio head at the action wall with speaker and mic - Install Gamber Johnson MDT tablet mount on the console - Install customer provided tablet mount on the rear wall of the chassis" $ 1,150.00
139. UNOC ???? Furnish and install (2) Customer Provided <make & model> handheld radio chargers mounted <where>; wired <how?>
$ 200.00
140. UNOC 822 Furnish and install FRC IC100 intercom with PTT on D/S of console; voice activated portion at action wall; RF filter to be installed $ 925.00
Chassis Interior Subtotal $ 26,375.00
Module Interior:
141. Protek Cushions $ incl
142. Gunmetal Grey Interior $ incl
143. Stainless Steel Countertops $ incl
144. Stainless Steel Grab Rails $ incl
145. Front I/O with Cargo Netting $ 550.00
146. Quad Outlet in the Front I/O $ incl
147. Duplex Outlet on the Front Wall $ incl
148. Quad Outlet in the Front Corner Area $ 250.00
149. Netting at the Front Corner Area $ incl
150. Customer Provided Medvault $ 625.00
151. UNOC #863 - Furnish and install Smithworks IV warmer in front corner area, on the shelf, plugged into 120VAC outlet
$ 850.00
152. UNOC #2436 - Customer understands the benefits of the auxiliary patient compartment heater, and that it is a required feature to meet heating requirements in certain weather conditions, but elects to have it deleted from the spec on units E- 3927-3928 and E-3933-3934; however, units E-3939-3940 will have the module heater installed
$ -1,000.00
153. UNOC #2579 - Install Medvault beneath front wall cabinet, on D/S $ incl
154. Location 1: 8 Switch panel $ incl
155. Location 2: Double O2 Outlet $ incl
156. Location 3: Thermostat $ incl
157. Location 4: Dual USB receptacles $ 300.00
158. Location 6: Blank $ incl
159. Location 7: Blank $ incl
160. Location 8: Quad 120 VAC $ incl
161. Location 9: Suction $ incl
162. Door Lock Switch at Action Wall $ 175.00
163. Action Wall Switch Layout : Interior Lights; Dimmer; Ventilation Fan; Module Heater - Hi/Off/Low; Unlock/Lock; Blank; Blank; Blank;
$ incl
164. Sharps Container at Action Wall $ incl
165. Acrylic Holder at the Action Wall Cabinet $ incl
166. New 6pt Harness at the CPR Seat $ 700.00
167. Acrylic Holder Aft CPR Seat $ incl
168. Rear Door Switch Layout : Blank; Blank; Dump/Bypass (Suspension); Rear Load; $ incl
169. Two Seating Positions at the Squad Bench - 1 and 3 $ incl
170. Harness Type for Seat Position 1: New 6pt Harness $ 700.00
171. Harness Type for Seat Position 3: New 6pt Harness $ 700.00
172. Double Squad Bench Cabinet $ 850.00
173. New Glove Box & Handrail at the Head of the Squad Bench $ 450.00
174. Trashcan With Lid at the Head of the Squad Bench $ incl
175. O2 Outlet at the Squad Bench Wall $ incl
176. IV Hanger on Ceiling Raceway $ incl
177. Driver Side Stainless Steel Ceiling Grab Rail for 12' Unit $ incl
178. IV Hanger on Squad Bench Ceiling $ incl
179. In-Module Camera at the Rear Position $ 775.00
180. Head knocker options: No Clocks or Speakers $ incl
181. Stryker cot tower only ( no antler and bar ) $ incl
182. Floor Options: Customer Provided Stryker Power-LOAD - Gen 2 $ 2,225.00
183. Loncoin II Onyx Floor $ incl
184. Captain's Chair Type: Standard Captain's Chair with 4pt. Harness $ incl
185. Module Heater : New $ incl
186. Customer Provided Items Processing Fee $ 325.00
Module Interior Subtotal $ 8,475.00
Email this quote along with your PO
to Herbert Brady at [email protected]
Remit To:
Frazer, LTD
7219 Rampart St.
Houston, Texas 77081
USA
Standard Terms and Conditions
INVOICING AND PAYMENT TERMS: Vendor shall submit one (1) original invoice per payment due. The invoice(s) shall include the items listed in accordance with the quote mentioned in the Sale Agreement with reference to the Customer’s Purchase Order Number.
If the Sale Agreement provides for any progress (or advance) payments based on specific milestones or activities, Vendor’s invoice shall certify to the accomplishment or performance by Vendor of said milestone or activity, and that Customer has obtained a security interest in such Products to the extent of such payment.
Payment shall be due upon receipt of the invoice and delivery of the unit to the Customer unless previously negotiated.
CANCELLATION POLICY: Cancellation of orders must be received 120 days prior to the agreed upon delivery date. If the order is cancelled within the 120 day window, a fee of 25% of the total purchase order price will apply.
DELIVERY TERMS: The products listed in the estimate are to be delivered Free On Board (FOB) Destination to Houston,TX. Customer representative(s) will pick up the unit at upfitter location, 7219 Rampart St., Houston, TX 77081 and transport it to their final destination at customer expense unless otherwise specified in the Vendor quote.
TERMINATION FOR CAUSE: Customer may terminate this Sale Agreement and any corresponding Purchase Order, or any part thereof, for cause including, but not limited to the following Vendor actions: (1)
any default or breach of any of the terms and conditions of the Sale Agreement, (2) failure to provide Customer, upon request, a reasonable assurance of future performance, or (3) bankruptcy, dissolution, or suspension of payments by judicial decree. If Vendor does not cure such failure within a period of five (5) days or such a longer period as Customer may authorize in writing after the date such notice is sent to Vendor, then termination may proceed.
Vendor may also terminate this Sale Agreement and any corresponding Purchase Order for cause, and Vendor will not be in breach of same, in the event any supplier to Vendor fails to deliver Products and/or component parts in a timely fashion and Vendor cannot make alternate accommodations in order to comply with the Parties’ agreed upon completion and delivery dates.
CHANGE ORDERS: Vendor has the right to modify the Purchase Order requirements and conditions as needed and will advise Customer in writing of such requested changes. Vendor shall not proceed with any changes without Customer’s written authorization. Any request by Customer to change the terms or conditions of the Purchase Order, including product specifications, options, and price, must be made in advance of the production job order release. Any changes made after the release of the production job order will incur a $350 fee per change order made in a 24 hour period and will be included on a secondary invoice. Vendor reserves the right to refuse changes requested by the Customer.
PROPRIETARY INFORMATION, CONFIDENTIALITY AND ADVERTISING: All commercial, financial or technical information in any form that Vendor provides to Customer shall be deemed proprietary and confidential and Customer shall not disclose such information to third parties without Vendor’s written consent. Termination of the Sale Agreement shall not relieve Customer of this confidentiality obligation. Upon Vendor’s request, Customer shall return all confidential information to Vendor along with any reproductions, in whole or in part. The confidentiality obligation does not apply to information that is in the public domain through no fault of Customer or to information lawfully within Customer’s possession prior to the date of the Purchase Order, as evidenced by Customer’s written records.
INDEMNIFICATION: Customer shall fully release, indemnify, defend and hold harmless Vendor, its co- venturers, its contractors, and their respective affiliates, and Vendor’s and their respective directors, officers and employees (including agency personnel) (“Vendor Group”) from and against any and all claims arising out of the Customer’s purchase, use, sale or incorporation of any Products purchased from Vendor into Customer’s products or equipment wherein it is claimed or alleged that Vendor’s Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Vendor Group as it pertains to Vendor’s Products.
Vendor shall fully release, indemnify, defend and hold harmless Customer, its co-venturers, its contractors, and their respective affiliates, and the Customer’s and their respective directors, officers and employees (including agency personnel) (“Customer Group”) from and against any and all claims arising out of the Customer’s purchase, use, sale or incorporation of any Products purchased from Vendor into Customer’s products or equipment wherein it is claimed or alleged that Vendor’s Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Customer Group as it pertains to Vendor’s Products.
Customer Initials: _________
LIMITATIONS ON DAMAGES: In the event of any dispute, disagreement or breach alleged by Customer on the part of Vendor, Customer’s exclusive and sole remedy shall be repair or replacement, if practical, of the module, or component part, by Vendor. If Vendor is not able to effectuate a repair, replacement, or cure that brings the module, or component part, into compliance with the Parties’ agreement, then Vendor shall refund the sale price to Customer. In no event shall Vendor be liable to Customer, or to any third-party acting through Customer, for any additional, consequential or punitive damages, or damages for lost sales, revenue or profits claimed by Customer or any third-party acting through Customer.
FORCE MAJEURE: A force majeure delay shall mean any delay or other unforeseeable causes beyond the reasonable control of the party affected, provided that any such delay is not caused, in whole or in part, by the acts or omissions of the party so delayed and further provided that such party is unable to make up for such delay with reasonable diligence and speed. If any such cause delays Vendor’s performance, the delivery date or time for completion may be extended by a period of time reasonably necessary to overcome the effect of such delay; however, Vendor shall take all reasonable measures to mitigate the effects of the force majeure event and to minimize such delay. A party affected by a force majeure event shall notify the other party of such force majeure event within forty-eight (48) hours of its knowledge of such event for the event to be considered a bona fide force majeure event.
TITLE AND RISK OF LOSS: Title to the Products shall transfer to Customer upon receipt of Products by Customer or its agent unless otherwise stated in the Sale Agreement. Notwithstanding the above, risk of loss of the Products shall remain with Vendor until delivered to Customer.
WAIVER: Vendor’s failure to exercise or enforce any right in the Purchase Order, or any other right or privilege under law, or Vendor’s waiver of any breach by Customer shall not constitute a waiver or
modification of any terms, conditions, privileges or rights whether of the same or similar type, unless Vendor gives such waiver in writing.
LIENS: Vendor waives and relinquishes all existing and future liens and claims (statutory or otherwise) for the Products specified in the Purchase Order, and warrants that the Products will be free and clear of all liens, claims or encumbrances of any kind.
INSPECTION, REVIEW AND WITNESSING: Customer and/or the ultimate owner of the Products have the right to inspect and attend testing of the Products at Vendor’s premises (or its supplier’s or subcontractor’s premises) with reasonable advance notice. If any inspection is made on the premises of Vendor or its supplier, Vendor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties.
APPLICABLE LAW AND VENUE: The Sale Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, without reference to any principle of conflict of laws. Customer and Vendor expressly exclude the application of the Convention on International Sale of Goods to the Sale Agreement.
Venue for all judicial, administrative, or regulatory proceedings shall be Houston, Harris County, Texas.
OWNERSHIP OF DOCUMENTS: Title to all drawings, specifications, calculations, technical data and other documents that Customer submits in accordance with the Purchase Order shall vest with Vendor. Vendor shall have the right to use such documents for any purpose pertaining to the manufacture, assembly, and delivery of the Products.
Title to all drawings, specifications, calculations, technical data, and other documents that Vendor submits to the Customer shall vest with the Customer. Customer shall have the right to use such documents for any purpose pertaining to the installation, operation, and maintenance of the Products.
INSURANCE: Vendor shall comply with the project insurance requirements for which the Products are being provided. Customer shall provide specific reasonable levels required as soon as such levels are available, which shall not exceed $1,000,000 for any non-statutory category other than excess liability umbrella, which shall not exceed $4,000,000. When requested by Customer, Vendor shall provide certificates of insurance as proof of same.
SURVIVAL: The provisions of the following Paragraphs of these Terms and Conditions shall survive any cancellation or termination of the Purchase Order: (Proprietary Information, Confidentiality and Advertising), (Indemnification), (Liens), and (Applicable Law and Venue).
ATTACHMENT B
Initial Layout Draft
FRAZER
Front Wall
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
DRAFT BY:
QC BY:
WB
AS
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Print No. 10190 version 1 - Page 1 of 10
Note: Dimensions are Tube to Tube and Approximate
94 1/4”
Clearance LED Light
96 1/4”
94 1/4”
Whelen M6 Series LED
2024 International CV 515
4x4 Diesel Chassis
Siren Speakers
Air Horns
Whelen M6 Series LED
Whelen M6 Grille Lights
C
R
R
C
EQ2B Speakers
Opticom
R
C
R
R
R
R
R
46” FireTech
Brow Light
FRAZER
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Tube to Tube and Approximate
Print No. 10190 version 1 - Page 2 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Whelen Pioneer Plus Dual
Panel (Surface)
LED Scene Light
Oxygen Compartment
For “H” Cylinder
20”W x 43 5/16”H x 21”D
Compartment Above
Wheel Well
18 1/4”W x 15 1/8”H x 21”D
Electrical Compartment
34 1/2”W x 24 1/8”H x 21”D
Driver Side Wall
Whelen M6
Series LEDs
168 5/8”
Intake Vent for
Air Conditioner Unit
91 3/4”
Driver Side
Rear Storage Compartment
35”W x 41 5/8”H x 21”D
Factory Step
with Ground Lights
Hidden Switch
behind
Stone Guard
Whelen M6
Series
R
Ground Lights
30 Amp Auto Eject
Shore Power
Whelen M6
Series
R
R
R
Lower Storage Compartment
56”W x 13”H x 21”D
Transverse Compartment
Slide Out Tray and
Shelf with Divider
21”W x 76”H x 94”D
FRAZER
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Print No. 10190 version 1 - Page 3 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Front Inside/Outside
Compartment with
Adjustable Shelves
23”W x 59 1/2”H x 21 1/8”D
Passenger’s Side Wall
Note: Dimensions are Tube to Tube and Approximate
Side Main Entry Door
31 1/2”W x 80 1/2”H
Drip Rail
Whelen M6
Series
Compartment below Front Inside/Outside
(depth varies according to chassis type)
Whelen Pioneer Plus Dual
Panel (Surface) LED
Scene Light Activated with
Side Entry Door
Passenger Rear Compartment
38”W x 22”H x 21”D
Whelen M6
Series
R
R
R
Factory Step
with Ground Lights
Whelen M6
Series
R
Transverse Compartment
Slide Out Tray and
Shelf with Divider
21”W x 76”H x 94”D
FRAZER
Rear Wall
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Tube to Tube and Approximate
Print No. 10190 version 1 - Page 4 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Air Conditioner
Exhaust Panel
Drip Rail
LED Illuminator
for License Plate
Rear Entry Doors
50”W x 60 5/8”H
Whelen M6 Series
Brake/Tail/Turn Red LED
Door Grabbers
Dock Bumpers
Whelen M6 Series
Back-Up LED
Whelen M6 Series
Back-Up LED
Whelen M9 Series
Box Lights
Rear Backboard Compartment
with Shelf
19 7/8”W x 6”H x 75 1/4”D
Whelen M6 Series
Load Lights
Chevron Pattern
on Entire Rear Wall
Whelen M6 Series
A
R
R
R
R
R
R
Back-up
Camera
Ground Lights
Whelen TAM85
Traffic Advisor
FRAZER
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 5 of 10
Interior Front Wall
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
CPR Seat with High Back
Cushion, Head Rest, and
6 Point Restraint
CPR Seat
Compartment
Action Wall
Cabinet
Small Acrylic
Organizer
Medvault
120VAC Duplex
Outlet
Front Wall Cabinets
49 1/2”W x 24”H x 12 1/2”D
Front Inside Outside
Compartment with Netting
and Quad Outlet
25 3/4”W x 47 1/8”H x 21 1/4”D
Captain’s Chair with
4pt. Harness
Overhead
Grab Rail
Squad Bench with
High Back Cushions,
Head Rests, and
6 Point Restraints
SSCOR Suction
O2 Access
Front Corner Area with
Netting, IV Warmer,
and Quad Outlet
FRAZER
Interior Driver Side Wall
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 6 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Action Wall Cabinet
48”W x 24”H x 12 1/2”D
Front Wall
CabinetGrab RailAir Conditioner
Vent and Exhaust Fan
Air
Conditioner Filter
Captain’s Chair with
4pt Harness
Action Wall
71 1/8”
120VAC
Quad Outlet
Rear Door
Switches
CPR Seat Compartment
42 5/8”W x 7 5/8”H x 20 3/4”D I.D.
CPR Seat with
Latching Lid &
6 Point Restraint
Large Acrylic
Organizer
SSCOR Suction
Sharps
Container
Acrylic
Holders
Oxygen
Bottle Storage
with Rollers
for “H”
Cylinder
Front Corner Area with
Netting, IV Warmer,
and Quad Outlet
Medvault
FRAZER
Interior Passenger Side Wall
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 7 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Trash Can with
Lexan Lid
Side Main Entry Door
with Emergency Release Levers
and Conspicuity Matching
Rear Wall
Grab Rail
Front Wall
Cabinet
Front
Inside Outside
Cabinet
Oxygen Outlet
Squad Bench Cabinets
Squad Bench with
High Back Cushions,
Head Rests, and
6 Point Restraints
Captain’s Chair with
4pt. Harness
Grab Rail
In-module
Camera
3 High Glove Box/End Rail
Combination
FRAZER
Interior Rear Wall
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 8 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
Grab Rail
Squad Bench Cabinets
92 1/4”
71 1/8”
CPR Seat
Compartment
Rear Entry Doors
with Emergency Release Levers
and Conspicuity Matching
Rear Wall
CPR Seat with High Back
Cushion, Head Rest,
and 6 Point Restraint
Overhead Grab Rail
Rear Head Knocker
Squad Bench with
High Back Cushions,
Head Rests, and
6 Point Restraints
Acrylic to Rear
of CPR Seat
CPR Seat
Compartment
In-module
Camera
FRAZER
Interior Ceiling
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 9 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
In-Module
Camera
Driver Side Wall
Passenger Side Wall
Front
Wall
Rear
Wall
Action Wall
Cabinet
IV Hanger
Front
Wall
Cabinet
Front
Inside/Outside
Air Conditioner
Unit
Ceiling Raceway
Oxygen Outlet
IV Hanger
Overhead Grab Rail
Squad Bench
Cabinets
Squad Bench
Cabinets
92 1/4”
164”
Oxygen
Compartment
FRAZER
Interior Floor
This drawing and all information thereon is the property of Frazer, Ltd. It is con/f_idential and may not be reproduced or copied, whole or in part or be disclosed to others, without the speci/f_ic written approval of Frazer, Ltd. It may be used solely for the purpose speci/f_ied in writing and is subject to return upon demand.
toll free: (888) 372-9371
main: (713) 772-5511
fax: (713) 995-0541
www.frazerbilt.com
7227 A Rampart
Houston, TX 77081
7227 Rampart
Houston, TX 77081
P .O. Box 5000
Bellaire, TX 77402-5000
Main:
Shipping:
Mailing:
Note: Dimensions are Approximate
Print No. 10190 version 1 - Page 10 of 10
DRAFT BY:
QC BY:
WB
AS
August 16, 2023
Victorville Fire Department - Type I - 14’ Module
9 1/4”
15”
11 3/4”
Stryker Power-LOAD
System
81”
23”
Passenger Side Wall
Driver Side Wall
Front
Wall
Rear
Wall
Air Conditioner
Unit
Action Wall Countertop
Front
Inside/Outside
Cabinet
Captain’s
Chair
Base
CPR Seat
Countertop
164”
49 3/4”
21 1/4”
21 1/4”
Anti-Skid
Double
Entry Step
Squad Bench
82 1/8”31 1/4”23 ”22 1/2”
Loncoin II Onyx Floor
Trash Can
with Lexan Lid
3 High Glove
Box/End Rail
Combination
Transverse
Compartment
Single
CPR SeatO2
Countertop
ATTACHMENT C
HGACBuy Cooperative Contract
CONTRACT PRICING WORKSHEETFor MOTOR VEHICLES Only
ContractNo.: AM10-20 DatePrepared:
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.(Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost
08/11/2023
Victorville Fire Department Frazer, Ltd. 3673 HGAC
Chief Bobby Clemmer Laura Richardson
888-372-9371
(713) 995-0541
[email protected] [email protected]
1173 Module // Module // Transverse $5,000.001139 Module // Electric Locks // Entry doors & I/O$1,500.00 1066 Chassis // Heat Shielding // Heat Shielding$1,750.001167 $1,000.00 1074 Chassis // Paint // Paint Half $4,500.001109 $750.00 1031 $1,250.001040 $1,750.00
1032 $1,500.001095 General // General // Kussmaul USB $250.00 1034 $100.001084 Chassis // Speakers // 2 Cast Speaker for Siren$750.00 1193 Module // PowerSource // MEPS $15,000.001043 Chassis // Console // Armrest $250.00 1188 Module // Paint // Two Tone 14' $3,750.001046 $200.00 1186 $1,500.001061 $250.00
1128 $1,750.001082 Chassis // Security // Anti-theft System$750.00 1131 $500.001196 $500.00
1144 $3,500.001011 $292.71
1163 $3,500.00 $9,286.80
1180 Module // Opticom // GTT Opticom on Front Wall $2,000.00 $63,129.51 $300.00COMP OPEN / DOOR OPEN Red Warning Light on Driverside of siren plate on console $475.00 $1,500.00Furnish and install wireless FireCom intercom system$11,775.00 Hinge front I/O door on the rear side of compartment opening$400.00 $1,275.00 $0.00
Furnish and install Newmar intercom system $600.00 $16,325.00 4%
$391,937.51 $1,175,812.53
$1,000.00
Furnish and Install (4) slide out trays in transverse compartment$2,300.00Variance (decrease): Chassis price of MV International 4x2 toCV International 4x4 Furnish and install 46" Black FireTech HiViz brow light $2,475.00 $8,775.01 Victorville, CA Sales Tax per unit based on current estimate$31,692.50 $5,864.97 Module // Hold-Open // Gas Hold-Opens on Co
Module // Cabinets // Double Squad Bench Cab
Chassis // Air Horn System // Dual 10" & 12" Air Horn Chassis // Camera // Voyage Quad View Mirror Chassis // Air Horn System // Fast RecoveryCompress
Chassis // Air Horn System // Operated with Momenta
Chassis // Console // Gamber Johnson Cup Hold
Module // Paint // SuperTherm Coating on Roof for 14 Chassis // Glove Box // 3 High Glove Box Hold Module // Conspicuity // Conspicuity on the Rear of th
Module // Conspicuity // Strip- Matching Rear Wall on Module // Restraint // 6pt Harness (each) (inclu Module // Exterior // Striping and lettering // Pricing // General // All products listed in the current Stry Module // Ground Lights // Ground Light at Perimeter
Wire Clear lights to turn ON with seconddary and OFF with Par Furnish and install (2) O2 bottle storage structures on P/S wheel Back-up warning system with speaker installed inside the conso This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documentsMUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
BuyingAgency: Contractor:
ContactPerson: PreparedBy:
Phone: Phone:
Fax: Fax:
Email: Email:
ProductCode: Description:AM20HD19 Type I 14' on International MV Diesel 4x2 Reg Cab $312,483.00
Subtotal From Additional Sheet(s):
Subtotal B:
Subtotal From Additional Sheet(s):
Subtotal C:
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the BaseUnit Price plus Published Options (A+B). For this transaction the percentage is:
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) Quantity Ordered: 3 X Subtotal of A + B + C: = Subtotal D:
E. H-GAC Order Processing Charge (Amount Per Current Policy) Subtotal E:
F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description Cost Description Cost
Subtotal From Additional Sheet(s):
Subtotal F:
-$39,377.54
Delivery Date: G. Total Purchase Price (D+E+F):
CONTINUATION SHEET (page 2)
$1,182,677.50
1126 $500.00
1113 Module // Camera // In-module camera $750.00
1101 Module // Action Wall // (2) Dual USB $250.00
1013 $7,786.80
$9,286.80
$0.00
Install customer provided radio equipment and mounthandheld radio chargers $4,050.00 Furnish and install FRC IC100 interecom with PTT on D/S ofconsole $2,775.00 Chassis Step Diamond Plate Panels $1,950.01 $8,775.01
Module // Conspicuity // 2'x2' Conspicuity Square - M
General // All products listed in the current Whelen Au ContractNo.: AM10-20 DatePrepared:
B. Published Options - List below (continuation from page 1)(Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost
C. Unpublished Options - List below (continuation from page 1)(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost
08/11/23
Subtotal B (page 2):
Subtotal C (page 2):
F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges (continuation from page 1) Description Cost Description Cost
Subtotal F (page 2):
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: September 19, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Approval of Amendment to Consultant/Professional Services Agreements with NBS for Solid Waste Rate Study Update
Recommendation:
That the Honorable City Council approve the attached amendment to the Consultant/Professional Services Provider Agreement with NBS for the Solid Waste Rate Study Update (Project ESC22-121) in the amount of $13,160.
Fiscal Impact:
Funding for this study was included in the current fiscal year budget with sufficient funds available in account 4260400-52300 (Solid Waste Fund).
Strategic Plan Goal:
This item aligns with Goal A, Financial Stability; and Goal E, Invest in Infrastructure.
Periodically evaluating and adjusting Solid Waste Rates helps ensure the City has necessary resources to adequately fund services and operation and maintenance of related capital assets.
Background:
In May 2017, the City contracted with NBS to perform a Solid Waste Rate Study. In February and April 2018, the results of this study were presented to the City Council.
Subsequently, in June 2018 the City Council adopted new solid waste rates based on the findings and recommendations of the 2018 Solid Waste Rate Study. The new rates went into effect July 1, 2018, covering a five (5) year period from FY 18/19 through FY 22/23.
As of July 1, 2022, the City began the fifth year of the five (5) year solid waste rate schedule. Therefore, it was necessary to again review the City’s solid waste rates and operations to analyze revenues required to sufficiently fund the expenses and reserves for maintaining programs and related capital assets over the next five (5) years. 3 2
8 6
On August 22, 2022, the City Manager approved a Consultant/Professional Services Provider Agreement with NBS for a Solid Waste Rate Study Update (Project ESC22-121), in the amount of $38,510. This contract was executed under the City Manager’s signing authority pursuant to Victorville Municipal Code §2.28.280 stating that a Professional Services Contract may be awarded based upon competence. The possibility of additional work/tasks was anticipated and discussed when this contract was initiated under the City Manger’s authority.
Discussion:
The initial Solid Waste Rate Study Update contract included the following tasks:
1. Kickoff Meeting and Data Collection
2. Financial Plan & Revenue Requirement Analysis
3. Update Cost-of-Service Analysis
4. Update of existing Rate Structure
5. Prepare a Written Study Report
6. Meetings and Presentations/Workshops
After approval of the initial contract and substantial completion of the work, staff requested two supplemental tasks to be performed as part of the Solid Waste Rate Study Update.
The additional work consisted of the preparation of a technical memorandum on street sweeping, including how other cities are funding similar programs, identifying the customers benefitting from street sweeping, and providing options for alternative funding mechanisms for the street sweeping program. The consultant was also tasked with reviewing and evaluating additional alternatives for the cost-of-service and rate design analysis, which included revisions to administration fees, organics program costs, and street sweeping costs in the solid waste rate model; and preparing an updated analysis of reserves alternatives for the ending solid waste reserve fund balances compared to the recommended minimum reserve targets, with the goal of providing new recommended reserves targets based on City staff input. The additional tasks required multiple revisions to the study report and presentation materials.
While the costs for the additional work were slightly higher than originally anticipated, staff reviewed the proposed amendment and believes the fee for the requested services is reasonable, and comparable with fees for a study update of this scope and magnitude.
Therefore, staff is recommending approval of Amendment Number One to Consultant/Professional Services Provider Agreement for the Solid Waste Rate Study Update, Project ESC22-121, in the amount of $13,160, to bring the total compensation under this contract to an amount not to exceed $51,670.
With the approval of this Amendment, the total amount contractually committed to NBS would be $137,235, which exceeds the City Manager’s signing authority when considered collectively. Current NBS contracts consist of the following projects, including the proposed amendment to the Solid Waste Rate Study Update:
1. Project ESC23-038 – Combined AB1600 and CIP Master Fee Schedule ($32,500)
2. Project ESC22-120 – Sewer Rate Study Update ($48,965) 3 2
8 6
3. Project ESC22-121 – Solid Waste Rate Study Update ($51,670)
4. Project ESC18-079 – Non-Bonded Community Facilities District Administration Services for CFD No. 2018001 ($4,100)
Staff remains available for any questions Council may have.
Attachments: A. Original Contract for Solid Waste Rate Study Update B. Amendment Number One for Solid Waste Rate Study Update Attachment A
Attachment B
Consultant/Professional Services Provider Agreement/NBS Government Finance Group dba NBS/Project ESC22- 121/Amendment 1
AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
NBS GOVERNMENT FINANCE GROUP
DBA NBS
FOR
SOLID WASTE RATE STUDY UPDATE,
PROJECT ESC22-121
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______ , 2023, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and NBS Government Finance Group dba NBS, a California corporation, hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Solid Waste Rate Study Update; and
2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to amend Section 3., Compensation from a not to exceed sum of $38,510.00 to $51,670.00; revise Section 4., Cost Proposal to include additional services as set forth in the Consultant’s Proposal; and revise Section 6., Term of the Agreement, to exercise Option 1 of 2, additional one-year option periods, amending the term to commence July 1, 2023 and expire June 30, 2024; and
3. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The City shall pay to Consultant a sum not to exceed Fifty-one Thousand Six Hundred Seventy and 00/100 dollars ($51,670.00 ) for faithful performance of the Consultant/Professional Services Provider Agreement/NBS Government Finance Group dba NBS/Project ESC22- 121/Amendment 1
services to be rendered under this Agreement, subject to the Cost Proposal provisions of Section 4, below.”
Section 4. – COST PROPOSAL – is amended as follows:
“The City shall pay Consultant for those additional services set forth in Consultant’s Proposal dated August 24, 2023, attached hereto as Exhibit B and hereby incorporated as part of this agreement by this reference.”
Section 6. – TERM OF AGREEMENT - is amended as follows:
“The City hereby amends the Term of Agreement to commence on July 1, 2023 (the “Commencement Date”) and expire on June 30, 2024 (the “Termination Date”).”
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/NBS Government Finance Group dba NBS/Project ESC22- 121/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE NBS GOVERNMENT FINANCE GROUP
DBA NBS
By:________________________________ By:________________________________ Debra Jones, Michael Renter,
Mayor President and CEO
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
Letter to Dana Armstrong
July 5, 2023
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
nbsgov.com
Ju
ly 5, 2023
Dana Armstrong
Environmental Programs Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92393
D
ear Ms. Armstrong:
For ESC22-121 (Solid Waste Rate Study), the City has requested that NBS prepare an additional analysis consisting of a technical memorandum (“white paper”) on street sweeping services as described below.
Task Description – The City would like NBS to review and evaluate alternatives for funding the City’s street sweeping program, including how other cities are funding similar programs, identifying the customers benefitting from street sweeping, and options for changing the street sweeping funding mechanism. For example, it could become part of the Solid Waste Utility or be spread over more than one utility. This analysis does not include providing a separate analysis of street sweeping rates on a per- customer basis.
Work Product – The work project for this task is a confidential “white paper” prepared for City staff review outlining the background, analysis, and recommendations. NBS will provide City staff with one (1) draft report, incorporate City comments on this draft, and then provide the City with a final report (all reports and documents will be provided electronically (Word, Excel, etc.).
Budget Amendment – The budget for this additional task is a lump sum/fixed fee of $5,000. The original P.O. for the solid waste rate study was $38,510. With this amendment, the maximum budget will be $43,510, as shown in the table on the next page. This task will be billed to the City upon completion.
Please let me know if you have any questions or would like to discuss this further. You can reach me at (916)
80 1-5496 or [email protected].
Sincerely,
G
reg Clumpner
Director
EXHIBIT B, AMENDMENT 1, COST PROPOSAL, PROJECT ESC22-121 Letter to Doug Mathews
August 24, 2023
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
nbsgov.com
August 24, 2023
Doug Mathews
Director of Public Works & Water
14343 Civic Drive
Victorville, CA 92392
Dear Mr. Mathews:
For the Solid Waste Cost of Service Study, the City requested that NBS prepare an additional analysis consisting of alternatives to the cost-of-service analysis and the rate design analysis.
Task Description – The City requested NBS to review and evaluate additional alternatives for the cost-of- service and rate design analysis, which included revisions to administration fees, organics program costs, and street sweeping costs in the solid waste rate model. Based on comments from the City Manager and Deputy City Manager, the City also requested NBS to prepare an updated reserves analysis for the ending solid waste reserve fund balances compared to the recommended minimum reserve targets and multiple revisions to the study report and presentation materials.
Work Product – The work project for this task is additional rate alternatives prepared for City staff which include outlining the background, analysis, and recommendations. Key assumptions, methodologies, and factors affecting the development of proposed rates were highlighted with charts and graphs.
Additional meetings with City staff were required to accomplish the revisions to the solid waste rate model, the solid waste study report, and the PowerPoint presentation to City Council. NBS also prepared rate tables and bill comparisons for various customer classes to illustrate how the requested rate adjustments scenarios affected customer bills.
Budget Amendment – The budget for this additional task (Task 8) is an hourly not-to-exceed fee of $8,160. While we do not yet have total hours to date, we estimate this additional budget covers about 80% of the additional hours needed for the out-of-scope work. The original P.O. for the solid waste rate study was $38,510 and the amendment for the street sweeping services technical memorandum (Task 7, dated July 5, 2023) was $5,000. With this amendment, the maximum budget will be $51,670, as shown in the table on the next page. This task will be billed to the City upon completion. If you would like to discuss this further, you can reach me at (530) 297-5856 or [email protected].
Sincerely,
Greg Clumpner
Director
EXHIBIT B, AMENDMENT 1, COST PROPOSAL, PROJECT ESC22-121 Letter to Doug Mathews
August 24, 2023
Project
Manager
(Clumpner)
Consultant
(Taylor)
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$255 $180
Refuse Rate Study Tasks
6 14 20 $4,050 8 24 32 $6,360 8 24 32 $6,360 8 16 24 $4,920 6 18 24 $4,770 14 6 20 $4,650 20 10 30 $6,900 Task Totals 70 112 182 $38,010 Reimbursable Expenses $500
GRAND TOTAL NOT TO EXCEED 70 112 182 $38,510 n.a. n.a. n.a. $5,000
32 - 32 $8,160 REVISED GRAND TOTAL NOT TO EXCEED4 102 112 214 $51,670
1. These tasks assume City staff provides sufficient data that is accurate and provided on a timely basis.
2. A draft Study Report will be prepared and the final report will incorporate City Comments.
3. This task is a lump sum/fixed fee, not to exceed. Greg Clumpner will provide this analysis.
4. This is an estimated "Not to Exceed" that assumes hours in each task do not exceed those shown above.
Task 8 – Alternative Rate Design Options
Task 7 – Street Sweeping Funding Analysis3
Task 5 – Prepare a Written Study Report2
Task 6 – Meetings and Presentations/Workshops
Task 1 – Kickoff Meeting and Data Collection
Task 4 – Update of Existing Rate Structure
Task 2 – Financial Plan & Revenue Req't. Analysis1
Task 3 – Update Cost-of-Service Analysis
– Incorporate SB 1383 Implementation Costs
Grand Totals
PROJECT BUDGET - Update Victorville Refuse Rate Study
Hourly Rate
Rate Study Tasks
Consultant Labor (Hours)
EXHIBIT B, AMENDMENT 1, COST PROPOSAL, PROJECT ESC22-121 Item Number: 17
Board of Directors
Written Communications
Meeting of: September 19, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Building 686 Roof Replacement Project #CC24-013
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., (“Universal”), for Building 686 Roof Replacement Project #CC24-013 (“Project”) in the amount not to exceed $607,997.
Fiscal Impact:
Funds of $1,200,000 have been appropriated in the 450 Fund for Building 686 expenditures. Cash reserves are sufficient to support the requested appropriation. The budget is outlined below:
Budget
Revenue Expense
450 Airport Operations Fund 0 $1,200,000
Strategic Plan Goal:
Goal E. Invest in Infrastructure: The Project will provide a long-term roofing solution to a building that will become a revenue generating asset for the Airport.
Background:
The original roof base atop Building 686 was installed in 1959 and comprises of three different roof levels. Since its construction, the US Air Force modified Building 686 and the roof to suit its needs and the modifications have left multiple obsolete protrusions that obstruct drainage. The large temperature variations common to the Mojave Desert have caused further issues as the metal roofs expand and contract with the weather. The continued expansion and contraction of the metal roofs over nearly 64 years has caused small gaps to develop between the metal roof and the roofing screws that allow rainwater 5 9
3 and wind-blown dust to intrude into the buildings. It is apparent that additional roofing layers have been installed since 1959, which have also long since exceeded their intended life expectancy.
The enormity of existing square footage of dilapidated roofing on Building 686 has made piecemeal repairs by SCLA staff impractical. Staff has determined that the best option for the renewal of this roof is full-scale rehabilitation.
Discussion:
One portion of the Project involves the removal of approximately 28,500 square feet of deteriorated roofing solutions. Following the removal of the built-up roof layers and obsolete protrusions, the roof deck will be cleaned, inspected, repaired where necessary, primed, coated with a minimum of 3 inches of Spray Polyurethane Foam (“SPF”), and sealed with three layers of elastomeric coating.
Staff has determined that SPF roofing systems have several advantages over other roofing systems. First, the SPF systems are durable and long-lasting. With proper maintenance, some SPF roofs are still functional after over 40 years of service and with regular maintenance they are expected to maintain functionality for decades to come.
SPF roofs can be recoated by staff with elastomeric coating to provide a fresh seal every 10 to 20 years, which continues to extend the life of the SPF roof for a fraction of the cost of replacing the roof.
The other main portion of the Project requires approximately 27,000 square feet of existing gable metal roof decking to be cleaned, inspected, and repaired where necessary. Multiple roof protrusions will be removed and the subsequent holes patched to match the existing roof deck. The metal roof deck will be primed, coated with a polyurethane material, and finished with three layers of elastomeric coating.
Installation of a metal roof coating system has several advantages over perpetually patching portions of the metal roof. The metal roof coating materials seal the entire roof from leaks and provide much needed insulation against temperature fluctuations which will significantly reduce the impacts of expansion and contraction to the metal roof.
Furthermore, the elastomeric topcoat will reflect heat energy instead of absorbing it which will increase the energy efficiency of the buildings. A comprehensive modern roof system will ensure the building is well insulated and waterproof for decades to come.
Building 686 is being rehabilitated to become a revenue generating asset. The interior space of this building needs to be clean and dry to protect the sensitive aviation equipment that will be stored in this building. The seamless nature of SPF and modern roof coating systems does not allow water, ice, or dust to intrude into tiny crevices in the roof.
The Project requires the skill of an experienced, licensed contractor competent in the installation of modern roofing materials. Staff conducted a formal, competitive bid solicitation in compliance with City Municipal Code §2.28.210 for the purpose of procuring 5 9
3 an appropriate contractor to perform the work. A Notice Inviting Bids was published on July 27, 2023. The bid solicitation was posted on the City website. Staff emailed the solicitation package to thirty-two different contacts in the roofing industry to ensure the opportunity reached as many bidders as reasonably possible. A pre-bid meeting and job walk was conducted on August 16, 2023, which was attended by representatives from ten firms. Bids were due on August 30, 2023, at 2:30 pm, at which time the Authority Secretary publicly opened all sealed bids received. The bids received are summarized as follows:
Company: Location: Bid:
Universal Coatings, Inc. Fresno, CA $607,997
All Seasons Insulation Inc. San Bernardino, CA $789,293 Brazos Urethane, Inc. Madera, CA $1,234,600
Cook Coatings Inc. Temecula, CA $1,324,346
Each bid submission was reviewed by staff, who determined the best value bidder, in accordance with City of Victorville Municipal Code §2.28.040, to be Universal based on their submission of the lowest bid price and their past performance.
The contract award presented herein has been competitively solicited in accordance with City of Victorville Municipal Code §2.28.210, which defines the bidding requirements for Public Works contracts in excess of five hundred thousand dollars. For the reasons presented herein, staff recommends that the Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., for Building 686 Roof Replacement Project #CC24-013, in the amount not to exceed $607,997.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: Attachment A – Site Map
Attachment B – Universal Coatings, Inc., Bid Sheets
Attachment C – Standard Construction Agreement
ATTACHMENT A
SITE MAP
ATTACHMENT B
UNIVERSAL COATINGS, INC.
BID SHEETS
ATTACHMENT C
STANDARD CONSTRUCTION
AGREEMENT
1 Construction Contract/Universal Coatings, Inc./Project CC24-013
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
UNIVERSAL COATINGS, INC.
FOR
BUILDING 686 ROOF REPLACEMENT, PROJECT CC24-013
THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Universal Coatings, Inc. , a state of Neveda corporation, hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the SCLAA requires Building 686 Roof Replacement, Project CC24-013 (the “Project”); and
WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Building 686 Roof Replacement.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen (15) CALENDAR DAYS after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Forty-five (45) CALENDAR DAYS after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. 2 Construction Contract/Universal Coatings, Inc./Project CC24-013
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contract Documents are intended to be correlative and constitute Contractor’s perf ormance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. List of Subcontractors.
7. Faithful Performance.
8. Non-Collusion Affidavit.
9. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection
4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed Six Hundred Seven Thousand Nine Hundred Ninety-seven and 00/100 Dollars ($607,997.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. BID PROPOSAL FORMS
The SCLAA shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as 3 Construction Contract/Universal Coatings, Inc./Project CC24-013
Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the SCLAA, when applicable.
Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Building 686 Roof Replacement, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Exhibit “C” and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Exhibit “C” shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Exhibit “C".
d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
4 Construction Contract/Universal Coatings, Inc./Project CC24-013
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten-day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA . Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq ., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each 5 Construction Contract/Universal Coatings, Inc./Project CC24-013
worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the SCLAA, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable 6 Construction Contract/Universal Coatings, Inc./Project CC24-013
to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance at least as broad as Form CG 00 01, of not less than One Million Dollars ($1,000,000) per occurrence, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the SCLAA, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority Legal Counsel, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of said insurance at least ten (10) days prior to the commencement of any work to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason 7 Construction Contract/Universal Coatings, Inc./Project CC24-013
whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.
d. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the SCLAA, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the SCLAA, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
e. If the Contractor maintains broader coverage and/or higher limits than the minimums, the SCLAA requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the SCLAA.
POLLUTION LIABILITY
Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the SCLAA, its 8 Construction Contract/Universal Coatings, Inc./Project CC24-013
officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the SCLAA, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the SCLAA;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by C. Eric Ray, Airport Director, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director , or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. C. Eric Ray, Airport Director, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
9 Construction Contract/Universal Coatings, Inc./Project CC24-013
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and Agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement and the Contract Documents.
c. No Agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibits “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
10 Construction Contract/Universal Coatings, Inc./Project CC24-013
To Contractor: Kim Nulick, EVP
Universal Coatings, Inc.
5191 E. Dakota Avenue
Fresno, CA 93727
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents.
Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Agreement may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Agreement.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine 11 Construction Contract/Universal Coatings, Inc./Project CC24-013
and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to right s and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Agreement concerning this Agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Consultant, approved by the Authority Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and 12 Construction Contract/Universal Coatings, Inc./Project CC24-013
appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 Construction Contract/Universal Coatings, Inc./Project CC24-013
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS UNIVERSAL COATINGS, INC.
AIRPORT AUTHORITY
By:_______________________________ By:_________________________________ Debra Jones, Kim Nulick, EVP
Authority Chairman
Dated:______________________________ Dated:__________________________
ATTEST
By:_________________________________
Jennifer Thompson,
Authority Secretary
Dated:______________________________
SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM
AIRPORT AUTHORITY
By:________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
Dated:______________________________ Dated:_____________________________
14 Construction Contract/Universal Coatings, Inc./Project CC24-013
EXHIBIT A
SCOPE OF WORK
SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number CC24-013, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the Authority Secretary); (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").
SEE ATTACHMENT
EXHIBIT A
15/Construction Contract/Universal Coatings, Inc./Project CC24-013 16 Construction Contract/Universal Coatings, Inc./Project CC24-013
EXHIBIT B
B
ID PROPOSAL FORMS
SEE
ATTACHMENT
EHIBIT B
17/Construction Contract/Universal Coatings, Inc./Project CC24-013
EHIBIT B
18/Construction Contract/Universal Coatings, Inc./Project CC24-013
EHIBIT B
19/Construction Contract/Universal Coatings, Inc./Project CC24-013
EHIBIT B
20/Construction Contract/Universal Coatings, Inc./Project CC24-013
EHIBIT B
21/Construction Contract/Universal Coatings, Inc./Project CC24-013 Item Number: 18
Board of Directors
Written Communications
Meeting of: September 19, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
General Services Provider Standard Agreement with Scorpion Fire Protection, Inc. for Fire Pump & Controller Maintenance and Repair Services, Project CC23-099-1.
Recommendation:
That the Honorable Southern California Logistics Airport Authority Board of Directors approves the award of a General Services Provider Standard Agreement by and between the Southern California Logistics Airport Authority and Scorpion Fire Protection, Inc. in the amount not to exceed $115,000, in support of the Fire Pump & Controller Maintenance and Repair Services, Project CC23-099-1.
Fiscal Impact:
Funds of $115,000 have been appropriated for the Project as outlined below:
Current Budget
Revenue Expense
450 Airport Operations Fund $0 $115,000
Strategic Plan Goal:
Goal E. Invest in Infrastructure: The Project will allow critical Airport infrastructure to be maintained.
Background:
The Southern California Logistics Airport Authority (“SCLAA”) operates the Southern California Logistics Airport (“SCLA”) under certain regulatory mandates, including those instituted by the Mojave Desert Air Quality Management District, pertaining to emergency water pumps (“fire pumps”) and their electrical controllers (“controllers”). As such, it is the goal of the SCLA to keep all fire pumps and controllers in good working order and certified for operation by the various regulatory agencies. Scheduled preventative 5 7
0 maintenance is key to achieving this goal, as it minimizes equipment failure, breakdown, and repair costs. Fire pumps require regular inspection, weekly operational testing, and preventative maintenance to ensure proper and reliable operation during a fire emergency, as per National Fire Protection Agency Code 25.
The SCLA maintains fourteen (14) fire pumps housed in two (2) pump houses, referred to as Pump House 1 and Pump House 2, to supply the water pressure necessary to operate the fire suppression systems located in seven large aircraft hangars. Each fire suppression system can dispense up to eight thousand, four hundred (8,400) gallons of water per minute to quickly extinguish a fire and thus minimizing loss of life and property to the greatest extent possible.
Discussion:
Proper servicing of the fire pumps and controllers requires the skills of an experienced, licensed contractor. SCLA staff worked with purchasing staff to obtain competitive bids for the acquisition of a qualified, independent contractor to perform the required inspection, weekly testing, preventative maintenance, and repair services. On May 19, 2023, the solicitation was posted to the City of Victorville website and emailed to various known contractors in this line of work to invite as many qualified bidders as possible. The solicitation included a non-mandatory meeting on May 31, 2023. The bid opening was conducted on June 21, 2023. Two bids were received, with only one bidder meeting the full requirements of the scope of services, specifically with regards to the weekly Fire pump testing. The one responsive bidder was:
Company Fire Pump Bid
Scorpion Fire Protection, Apple Valley CA $76,545
Scorpion Fire Protection Inc. (“Scorpion”) of Apple Valley, California was the only responsible bidder for the fire pumps and fire pump controllers, making them the successful bidder for this contract. Although there was no bid comparison available for this solicitation, Scorpion has been contracted to provide the solicited services for the past five (5) years. During this time, they have demonstrated their ability to meet the requirements for SCLA fire pump and controller maintenance with above average performance.
The Scorpion bid of $76,545 includes the total cost of preventative maintenance only.
The Agreement includes hourly rates and mark-up percentages, also known as time & materials rates, to allow for repairs that may be needed as a result of the inspections.
Any identified repairs will be estimated in advance according to the time and materials rates contained in the bids and approved by SCLA staff prior to any work being performed.
The additional budgeted amount for the Agreement for unanticipated repairs is $38,455 for the fire pumps and controllers, bringing the not-to-exceed amount of the Agreement to $115,000 for Scorpion.
The requested amount of $115,000 is within the City Manager’s authority to approve.
However, Scorpion is currently contracted to provide Fire Suppression System Services, 5 7
0 Project CC20-022-1, at the SCLA to install, maintain, repair, test, and certify fire suppression and detection systems in approximately thirty-three SCLA facilities, for the not-to-exceed amount of $50,000 for fiscal year 2023-2024. The aggregate value of the Fire Suppression System Services contract combined with the proposed award might exceed his authority, therefore this award requires the approval of the SCLAA Board of Directors.
This solicitation has been conducted in accordance with the City of Victorville Municipal Code §2.28.200 and this Agreement enables the SCLAA to utilize Scorpion for Fire Pump & Controller Maintenance and Repair Services, Project CC23-099-1. Therefore, staff requests and recommends your honorable Board of Directors approval to enter into the attached General Services Provider Standard Agreement with Scorpion Fire Protection, Inc. for a total not-to-exceed amount of $115,000.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: A. Site Map
B. Scorpion Fire Protection, Inc., Bid Sheets
C. General Services Provider Standard Agreement
ATTACHMENT A
SITE MAP
FIRE PUMPS AND FIRE
PUMP CONTROLLERS
Fire Pump House 2
Supports Hangars
746 & 747SCLA
Fire
746 747
Pump
Locations
683 681
676 678
Fire Pump House 1
Supports Hangars
681, 683, 676, 678
and GE's Hangar
GE
ATTACHMENT B
SCORPION BID SHEETS
ATTACHMENT C
GENERAL SERVICES PROVIDER
STANDARD AGREEMENT
1 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
SCORPION FIRE PROTECTION, INC.
FOR
FIRE PUMP & CONTROLLER MAINTENANCE AND REPAIR
SERVICES, PROJECT CC23-099-1
THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 2023 , for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority , a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Scorpion Fire Protection, Inc., a California corporation, hereinafter referred to as “Service Provider .” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the SCLAA requires Fire Pump & Controller Maintenance and Repair Services, Project CC23-099-1; and
WHEREAS, in light of the facts set forth above, the SCLAA desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Fire Pump & Controller Maintenance and Repair Services; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF WORK
Service Provider shall provide to the SCLAA those services set forth in the Scope of Work, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The SCLAA shall pay a total amount not to exceed One Hundred Fifteen Thousand and 00/100 DOLLARS ($115,000.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 and California State Prevailing Wage 2 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
Provisions, attached hereto as Exhibit “C” and incorporated herein by this reference as though set forth in full, subject to approval of the SCLA, when applicable.
Section 4. BID PROPOSAL FORMS
The SCLAA shall pay Service Provider as provided in the Bid Proposal Forms, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference . The provisions of Exhibit “B” notwithstanding, in order to receive payments, Service Provider shall be required to submit to the SCLAA monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the SCLAA approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an initial term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on June 30, 2024 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of the SCLAA, subject to satisfactory performance as determined by the SCLAA. The SCLAA shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the SCLAA decide to exercise its option(s) to extend. In the event the SCLAA does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the SCLAA fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the SCLAA may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.
Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement , and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The SCLAA is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
3 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the SCLAA.
(3) The services described in this Agreement can be performed without the use of the SCLAA equipment, materials, tools , or facilities, unless otherwise provided under a separate Agreement.
(4) N othing in this Agreement shall be interpreted to imply that the SCLAA must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) T he SCLAA will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the SCLAA.
b. T he SCLAA represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) T he SCLAA will not hire, supervise , or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the SCLAA from hiring Service Provider’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the SCLAA on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.
(5) Service Provider is not required to devote full time to the business operations of the SCLAA in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on the SCLAA- owned property.
(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE SCLAA
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the SCLAA or Service Provider or by any third person to create the relationship of principal and agent.
4 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
b. Service Provider shall have no authority, express or implied, to act on behalf of the SCLAA in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the SCLAA to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and ( if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications , or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the SCLAA , Service Provider shall immediately inform the SCLAA of such fact and shall not provide any services, except at Service Provider's risk , until written instructions are received from C. Eric Ray, Airport Director, or his designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the SCLAA determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, St atement of Economic Interests, Service Provider shall file such Form 700 with Authority Secretary’s Office pursuant to the written instructions provided by the Authority Secretary.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state , and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two 5 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, l oss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement , and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1 ,000,000) combined s ingle limit , covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers , agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
Section 17. RESERVED
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name SCLAA, the City of Victorville, and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the Authority Legal Counsel, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors.
Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days 6 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be m aintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Service Provider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the SCLAA, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the SCLAA, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of t his Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify , and hold harmless the SCLAA , its officers, employees, representatives , and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs , and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the SCLAA), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the SCLAA's own negligence or willful misconduct, or that of its officers or employees.
7 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
b. T he SCLAA does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the SCLAA, or the deposit with the SCLAA, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 24. REPORTS
Upon request by C. Eric Ray, Airport Director, or his designee, Service Provider shall prepare and submit reports to the SCLAA concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. C. Eric Ray, Airport Director, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the SCLAA or prepared by Service Provider for the SCLAA shall be kept strictly confidential unless otherwise provided by applicable law. All the SCLAA data, documents and information shall be returned to the SCLAA upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents , or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of C. Eric Ray, Airport Director , or hi s designee, or as required by applicable law.
c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the SCLAA, except with th e prior written approval of C. Eric Ray, Airport Director, or his designee, or as required by applicable law.
8 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
Section 28. PRINCIPAL REPRESENTATIVES
a. Kenneth Clark, President , is designated as t he principal representative of Service Provider for purposes of communicating with the SCLAA on any matter associated with the performance of the services set forth in this Agreement.
b. C. Eric Ray, Airport Director, or his designee, shall be the principal representative(s) of the SCLAA for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or c ontemporaneous Agreements, either oral or written, between the SCLAA and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “ B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
9 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
To Provider: Kenneth Clark, President
Scorpion Fire Protection, Inc.
24845 Cahuilla Rd.
Apple Valley, CA 92307
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF THE SCLAA OFFICERS
AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Service Provider or to its successor (s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney (s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney (s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
10 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the SCLAA shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs , or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair , or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
11 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, s pecifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants , or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. A TTORNEY’S FEES
In the event any action, suit , or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement , or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys ’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Service Provider, approved by the SCLAA’s Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
12 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
I
N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
S
OUTHERN CALIFORNIA LOGISTICS SCORPION FIRE PROTECTION, INC.
AIRPORT AUTHORITY
By
: _____________________________ By: _____________________________ Kenneth Clark, Debra Jones,
Authority Chairman President
Da
ted: ___________________________ Dated: _________________________ S
OUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM
AUTHORITY
By
: ______________________________ By: _____________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
D
ated: ___________________________ Dated: _________________________ By:_______________________________
Jennifer Thompson,
Authority Secretary
Dated:____________________________
ATTEST
14 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
EXHIBIT A
SCOPE OF SERVICES
See Attachment
CC23-099 STATIONARY EQUIPMENT MAINTENANCE Page 15
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) CC23-099 STATIONARY EQUIPMENT MAINTENANCE
SECTION 3
SCOPE OF SERVICES
1. Reports: Bidder shall submit a report to SCLA after each visit to inspect or repair equipment at the job sites, detailing the maintenance performed and the parts and supplies used, and calling to the attention of SCLA any operational problems encountered, and repairs recommended to maintain the equipment in operational condition.
All periods of operation will be recorded in the provided logbook in accordance with the current Mojave Desert Air Quality Management (MDAQMD) permit.
2. Inspection: (Minor Service):
General
Visual inspection – Complete visual inspection of all Gen-set equipment and surrounding area.
Air Induction and Exhaust System
Air Filter Service Indicator – Inspect for proper operation and notation of reading.
Air Filter – Inspect and clean air filter.
Air Inlet System – Inspect piping and air filter housing for damage, loose connections, and evidence of leaks. Air filter housing is to be cleaned when air filter is cleaned or replaced. Inspect condition of gaskets and seals.
Turbocharger – Inspect for lube oil or exhaust leakage. Inspect for unusual noise and proper operation.
Exhaust Manifold – Inspect for damage, loose or missing hardware, and evidence of exhaust leakage.
Inspect for slobbering.
Exhaust System – Inspection of silencer and piping for damage, corrosion, or leakage. Inspect condition of rain cap. Inspect supports for vibration damage and loose connections.
Cooling System
Radiator/Heat Exchanger – Inspect for leaks, damage, and debris. Inspect louvers for correct operation.
Coolant – Inspect coolant for correct level and signs of contamination. Inspect coolant conditioner concentration and temperature protection. Inspect filler cap gasket and sealing surfaces.
Hoses and Connections – Inspect all hoses for deterioration. Check tightness of all connections.
Fan Drive Pulley and Fan – Inspect for loose or worn pulleys. Check fan operation and clearance.
Fan Belts – Inspect for wear and/or deterioration. Check fan operation and clearance.
Water Heater Jacket – Inspect for proper operation. Check thermostat setting for proper coolant temperature.
ADDENDUM #1
ATTACHMENT D
EXHIBIT A
15/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 CC23-099 STATIONARY EQUIPMENT MAINTENANCE Page 16
Water Pump – Visual and operational inspection for leaks and/or unusual noises.
Fuel System
Fuel Line and Connections – Inspect for leaks and tight connections. Inspect support brackets.
Governor and Engine Controls – Inspect for governor lube oil level. Inspect controls and linkage for proper operation. Add lube oil as necessary.
Fuel Filters – (primary and secondary) Inspect for leaks and tight connections. Inspect support brackets.
Day Tank – Check and log fuel level. Inspect day tank system for leaks. Test day tan k
pump for proper operation. Inspect fuel condition for contaminants.
Main Fuel Tank – Check and log fuel level. Visual inspection of tank, if possible. Visual inspection of fuel condition for contaminants.
Water Trap (Separator) – Note if water was found in the water separator. Drain water.
Engine Mounted Fuel System Priming Pump – Check for proper operation.
Fuel Transfer Pump (Remote Mount) – Check for proper operation.
Fuel Pressure – Inspect site gauge for correct pressure. Note fuel pressure.
Gaseous Fuel Supply System (Regulators, Valves, Pipes and Vents) - Visual inspection for damage, leaks, and proper operation. If a leak is suspected, spray a mixture of water and liquid detergent on each connection.
Ignition System
Visually inspect ignition system components.
Lube Oil System
Oil Level – Inspect for correct level and for signs of contamination. Visual inspection of equipment for leaks.
Oil Pressure – Operational check of oil pressure for correct pressure. Note engine oil pressure at rated speed.
Oil Pump – Operational and visual inspection of the pre-lube pump.
Crankcase Breather – Inspect and clean crankcase breather.
Crankcase – Inspect crankcase and note any excessive blow-by.
Engine Starting System
Batteries – Inspect for damage or leakage. All battery connections shall be cleaned and tightened.
Batteries – Measure and record the specific gravity readings for each battery cell, inspect for correct electrolyte level, and record DC voltage power supply.
Batteries – Test and record cold cranking amps (CCA).
ADDENDUM #1
ATTACHMENT D
EXHIBIT A
16/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 CC23-099 STATIONARY EQUIPMENT MAINTENANCE Page 17
Battery Charger – Inspect for proper operation, loose terminals, and deteriorated wiring.
Starting Motor – Inspect electrical connections and wiring.
Alternator – Inspect for proper operation, loose connections and mounting hardware. Check belts, pulley and voltage output.
Monitors and Safety Controls
Safety Controls – Inspect for proper operation, loose connections and wiring deterioration.
Remote Annunciation – Inspect and test panel and system alarms for proper operation.
Generator AC Power Unit
Visually inspect overall condition for foreign objects, loose, or broken fittings, guards, and components.
Generator Mechanical
Generator – Inspect generator windings for foreign material, dirt, and winding movement. (No cover removal).
Vibration Isolators – Check for proper adjustment and hardware condition.
Generator Control Panel
Start Controls (Manual and Automatic) – Check for proper operation. Check automatic start.
Voltmeter – Check for correct readings. Check voltage level.
Ammeter – Check for correct readings while system is under load.
Frequency Meter – Check for correct readings under load and with no load conditions.
Transfer Switch
Perform visual inspection of all wiring and connections for signs of tracking, overheating and insulation deterioration. Check and tighten, when necessary and safe all control circuit wiring terminals. Perform heat scan on all contacts.
Automatic Transfer Switch Test – Test automatic transfer switch (ATS) for correct operation by simulating a utility power supply failure, check for sequential operation of the ATS, record the utility AC voltage at ATS Connections, and record the engine generator set AC voltage at the ATS connections.
3. Operational Check
Generator will be run for a minimum of 20 (twenty) minutes for operational testing.
4. Annual Service (Major Service)
Note: Includes all items listed in Inspections (Minor Service), in addition to the following items:
Air Induction and Exhaust System
Turbocharger – Inspect the turbocharger.
Valve adjustment – Audio Analysis for improper operation.
Cooling System
System – Pressure test cooling system.
ADDENDUM #1
ATTACHMENT D
EXHIBIT A
17/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 CC23-099 STATIONARY EQUIPMENT MAINTENANCE Page 18
Radiator Cap – Inspect for correct pressure rating. Pressure tests the cooling system.
Inspect sealing gasket and neck sealing surfaces for signs of deterioration.
Radiator – Inspect cooling fins for blockage and corrosion.
Fuel System
Fuel Filters – Change all fuel filters (per mfg). Inspect for damage, leaks, and proper operation.
Lube Oil System
Oil and Filters – Change crankcase oil and oil filters.
Engine Starting Systems
Magnetic Pickup – Remove, inspect and adjust, as needed for proper operation.
Batteries – Clean batteries and box and check condition and tightness of all cables Monitors and Safety Controls
Gauge Accuracy – Check oil pressure, coolant temperature, and alternator gauges for accuracy.
Sending Unit Switches –
Check coolant temperature and oil pressure sending unit switches.
Generator Mechanical
Exciter – Check exciter clearances (air gap) if accessible.
Conductors – Inspect AC and DC conductors for insulation damage within the generator enclosure.
Generator Fan – Inspect fan hardware.
Generator Control Panel
Circuit Breakers – Inspect free movement of circuit breakers and tight connections.
Control Panel – Vacuum/clean engine generator set control panel.
Connection Enclosure – Vacuum/clean engine generator set connection enclosure.
Perform Load Bank Service
5. Criteria for Stationary Equipment Maintenance/Testing Fire Pumps/Controllers: (applies only to separate Stationary Equipment – Fire Pumps agreement) Must be inspected, tested, and maintained as required by the NFPA 25 Requires Bidder with C-10 Electrical License and C16 Fire Protection Bidder classification as stated by the Bidder’s License Board.
Emergency Generators:
Must be inspected, tested, and maintained according to the Federal Aviation administration Advisory Circular no: 1540/5340-26B Chapter 5 section 14. Requires Certification and training under the NFPA 70E Arc Flash Safety with Utilization of High Voltage
ADDENDUM #1
ATTACHMENT D
EXHIBIT A
18/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 CC23-099 STATIONARY EQUIPMENT MAINTENANCE Page 19
Security access needed:
Security access will be required at the direction of the Airport Manager or their designee. Bidder will be required to fill out the proper application and pass an Airport test for vehicle operation on the Airport.
The following is required for all stationary and portable emergency Generators:
Maintained according to manufacturer specifications.
Maintained in compliance with the NFPA.
MDAQMD logs maintained.
Duplicates of all records/maintenance provided to SCLA. Operation, testing, and recordkeeping in Compliance with Federal/State/local regulations.
This list of requirements is not inclusive. Bidder must identify all required operation and maintenance practices standard for this type of equipment.
SCLA will maintain responsibility for permitting and Compliance reporting.
6. Response Time To SCLA
1. Emergency – One (1) hour
2. Break down – Four (4) hours
3. Non-Emergency – Forty-Eight (48) hours
7. Fees
The Bidder shall propose to the SCLA an amount based on a fixed charge for all scheduled maintenance activities annually. The fixed charge will include the costs for all tasks and responsibilities described in the statement of work excluding repairs, after hours response and other non-scheduled maintenance. Expenses outside the fixed annual cost should be quoted on a time and materials basis. All estimates must be approved by the SCLA Airport Manager, or their designee, prior to beginning work.
ADDENDUM #1
ATTACHMENT D
EXHIBIT A
19/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 20 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
EXHIBIT B
B
ID PROPOSAL FORM
S
ee Attachment
EXHIBIT B
21/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1
EXHIBIT B
22/General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23-099-1 23 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
EXHIBIT C
PREVAILING WAGE PROVISIONS
STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www
.dir.ca.gov/DLSR/PWD . S ervice Provider and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, _____________________________________, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Service Provider shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Service Provider from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq .; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws.
b. Designation as Service Provider Not Determinative. For purposes of this Agreement, Service Provider and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Service Provider. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Exhibit “C” and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Exhibit “C” shall control and nothing herein shall be considered as an acceptance of the terms of Service Provider’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Exhibit “C".
d. Payroll Records. Service Provider and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. 24 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
(1) Service Provider and Subcontractor Obligations. Service Provider and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(
a) The information contained in the payroll record is true and correct; and (
b) Service Provider or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be m ade available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement . Upon notice of noncompliance with Labor Code Section 1776, Service Provider or subcontractor has ten days in which to comply with the requirements of this section. If Service Provider or subcontractor fails to do so within the ten- day period, Service Provider or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Service Provider.
(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA.
Payment of the invoice may be delayed when payroll -related documents and/or li en r
eleases are not included with the invoice.
e. Apprentices. Service Provider is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Service Provider is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Service Provider has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq ., the Regulations, and all other applicable State labor laws. Service Provider further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating co mpliance with those laws. Service Provider shall require the same of all its subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
25 General Services Provider Standard Agreement/Scorpion Fire Protection, Inc./Project CC23- 099-1
(1) Pursuant to Labor Code section 1775, the Service Provider and any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such 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 prevailing wage rate, shall be paid to each worker by the Service Provider.
(
2) Pursuant to Labor Code Section 1813, Service Provider or subcon tractor shall, as a penalty to the SCLAA, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Service Provider or subcontractor for each calendar day during which the worker is required or permitt ed to work more tha n 8
hour
s in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Service Provider and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Service Provider represents that it is aware of the registration requirement and is currently registered with the DIR. Service Provider shall maintain a current registration for the duration of the Project.
Service Provider shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: September 19, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Attendance at the Live2Lead Leadership & Personal Development Conference on Friday, October 27, 2023
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
The cost for individual attendance utilizing the discount code is $99 per person. No additional appropriation is necessary as there is adequate budget in both City Council and City Manager training and travel budgets for this attendance.
Background:
At the City Council meeting of September 5, 2023, it was moved by Mayor Jones and approved by a majority vote to agendize an item for discussion and possible action for the full City Council, City Manager and any staff of his choosing for attendance at the Live2Lead Leadership & Personal Development Conference on Friday, October 27, 2023 and to have staff contact Dr. Kenisha Williams regarding discounted rates as they may be available.
Discussion:
This item is being presented to Council so that Council can further discuss and determine if the Council wishes to participate in said conference.
Staff remains available for any questions or comments you might have.
Attachments: A. Live2Lead Brochure
ATTACHMENT A