HomeMy WebLinkAboutItem No. 19 CSA Quinn dba Quinn Power Systems
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick DeSantiago, Public Works Manager
Date:September 12, 2023
Subject:Agreement for Contractor Services with Quinn Company (DBA Quinn Power
Systems) for Service & Maintenance of City-Owned Generators
Recommendation
Approve and authorize the City Manager to execute an Agreement for Contractor Services with
Quinn Company (DBA Quinn Power Systems) for service and maintenance of City-owned
Generators in an amount not to exceed $30,000.00 per Fiscal Year for a term of three (3) years
in such final form approved by the City Attorney and authorize the City Manager to execute
change orders not to exceed a 10% contingency of $3,000.00 for unanticipated costs.
Background
The City of Lake Elsinore owns six generators at various locations within the city. Quinn Company
has provided preventative maintenance services and inspections to citywide facility generators
for five years. Quinn Co. provides regular maintenance to ensure quality power throughout its
service life. Preventative maintenance ensures that generators are ready to operate immediately
and provide a reliable power source during a power failure, keeping critical operations functional.
Services Provided:
•Multi-Point Inspection – Check/adjust all fluid levels and pressures for correct operations.
Check and inspect the air cleaner restriction gauge and air filter. Check the fuel tank for leaks.
Check cooling system hoses, caps, and clamps for brittleness, leaks, cracks, and weakness.
Check battery voltages, charging rates, fluids, and specific gravities.
Agreement with Quinn Co.
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•Annual Service – Change crankcase oil, fuel filters, and water separators. Draw fuel system
sample analysis. Draw engine coolant sample for analysis.
•Cooling System Service – Drain, contain, and dispose of waste coolant. Replace all coolant
hoses and clamps. Replace the radiator pressure caps. Replace engine thermostats and
associated gaskets. Replace the engine fan belts and alternator drive belts. Refill the system
with glycol antifreeze and conditioners.
•Loadbank Test – Connect resistive load bank as applicable to the generator. Test with
requested load for 2 hours test duration. Return the unit to its original mode of operation.
•Fuel Sampling – Draw fuel from the fuel tank & submit it to the lab for analysis during PM
services.
•Fuel Polishing – Restore fuel to optimum condition by eliminating entrained & suspended
contaminants. All particulates are filtered down to 10 microns. Removal & disposal of all
bottom water kills bacteria & fungus; apply diesel treatment.
•Alternator Winding – Perform a megohmmeter test on generator winding and measure
winding insulation resistance.
•Starting Battery Replacement – Engine cranking batteries are removed and replaced. Engine
cranking batteries will be tested under start-up load for voltage drop. Old battery disposal.
•Automatic Transfer Switch Inspection – Clean unit of dust and dirt accumulations. Clean open-
type relays of dust/grease oil. Inspect the unit for signs of arching, burning, hot spots, charring,
or other damage.
•Inspect for loose, broken, or badly worn parts. Check terminal lugs and trip units for
tightness/signs of overheating. Lubricate all components for proper operation as needed.
Discussion
Staff is satisfied with the services received from Quinn Company and would like to continue with
the preventative maintenance services and inspections for citywide facility generators. This
Contractor Services Agreement will continue to perform preventative maintenance services and
inspections at the following locations:
•Fire Station #94
•Fire Station #85
•City Hall
•Fire Station #97
•Storm Stadium
•Launch Pointe
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1 – Agreement
Exhibit A - Proposal
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AGREEMENT FOR CONTRACTOR SERVICES
Quinn Company (DBA Quinn Power Systems)
Service & Maintenance of City Owned Generators
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
September 12, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and Quinn Company , a corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following Contractor services:
Preventative Maintenance Services and Inspections of City Owned Generators.
B. Contractor has submitted to City a proposal, dated July 10, 2023, attached hereto
as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to
City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such contractor services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may
provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the contractor services to be performed by Contractor is
an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
contractor services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Contractor’s Proposal (Exhibit A).
b. Performance Schedule. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by
Contractor, extensions to the time period(s) specified may be approved in writing by the City
Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force
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and effect for a period commencing on September 12, 2023 and ending June 30, 2026. The City
may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed
2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not
less than thirty (30) days before the end of the contract term, such notice to be exercised by the
City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through a Task/Work Order issued
by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's annual compensation exceed
Thirty Thousand Dollars and Zero Cents ($30,000.00) without additional written authorization from
the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket
expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative
charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Contractor’s prospective or then current personnel
is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
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b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to City, without any other actions by
Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
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8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Contractor as provided in the
Agreement, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
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indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Contractor. Contractor (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training
and ability of Contractor to perform the services hereunder as a material inducement to enter into
this Agreement. Contractor shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Contractor under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Contractor’s field of
expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Contractor and/or its employees, officers, or board
members.
b. Contractor represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
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covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub Contractors. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. 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, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
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vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Quinn Power Systems
Attn: Michelle Locke
10006 Rose Hills Rd.
City of Industry, CA 90601
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with the
express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
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20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
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26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
[Signatures on next page]
Page 11
3
5
4
5
3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Quinn Company, a corporation
By:Michelle Locke
Its:Supervisor
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Customer # : 0052746
Agreement # : 6062
DATE:
PARTIES:First Party:QUINN COMPANY, a California corporation, dba QUINN POWER SYSTEMS
hereinafter referred to as "QUINN"; and
Second Party:City of Lake Elsinore
hereinafter referred to as "OWNER".
RECITALS:
1 . Quinn is a factory authorized Caterpillar dealer.
2 . Owner owns certain equipment and Owner desires to retain Quinn to perform periodic preventive maintenance
on such equipment, and Quinn is willing to perform such periodic preventive maintenance, on the terms and
subject to the conditions set forth in this Agreement.
AGREEMENT:
The parties hereto do hereby agree as follows:
1 .The Equipment. Owner now owns the following described engines and related equipment:
Please see complete list of EQUIPMENT on Exhibit C ('PREVENTIVE MAINTENANCE SCHEDULE' - Page 5)
All of the above-described item(s) are hereinafter collectively referred to as "the Equipment" and covered under
this agreement.
2 .Term. Starting from:
above and shall continue until the end of the coverage term as stated above or terminated by either party giving
the other party thirty (30) days written notice of termination. The provisions of this Agreement relating to
indemnification and limitation of Quinn’s liability shall survive any termination of this Agreement.
3 .The Services. Owner hereby engages Quinn to render certain maintenance services to the Equipment
during the term of this Agreement as indicated below and described on Exhibit "A" attached hereto
("CSA PM LEVEL DESCRIPTIONS"-Page 3). Additional PM coverage may be added anytime at customer's request.
PM
PM
PM
PM Level 5 - Load Bank 2 hours test duration One (1) visit per year.
PM Level 8 - Fuel Sample Analysis
The following part(s) shall be replace for the above scope of work.
Engine Oil, Oil Filter(s), Fuel Filter(s). Air Filters are not included (additional cost if needed)
MAINTENANCE AGREEMENT
CSA & Support Services (800) 789-9774
ANNUAL FEE
$7,740.00
$7,625.00
(562) 463-7150 Fax
FREQUENCY
$5,885.00One (1) visit per year.
One (1) sample per year.
7/10/2023
7/10/2023
Three (3) visits per year.Level 1 - Multi Point Inspection
Level 2 - Annual Service
Level 11 - ATS Maintenance
included in PM 2
$6,150.00
This agreement is continuous until cancelled or non-renewed and shall commence on the date first written
GUARANTEED PERFORMANCE
One (1) visit per year.
Page 1
Customer # : 0052746
CONT.Agreement # : 6062
4 .
Fee. During the term of this Agreement, owner shall pay Quinn:
Total fee excluding optional LOADBANK TEST:I Accept [ ] initial
Total fee including optional LOADBANK TEST: I Accept [ ] initial
Quinn will invoice Owner in accordance with provisions of this Agreement, including all taxes, after each
visit and Owner will pay each invoice within thirty (30) days of receipt. A service charge of one and one half percent
(1.5%) per month (18% per annum) will accrue on any invoice that remains unpaid for more than thirty (30) days.
Charges for labor performed after the first year of this Agreement shall be adjusted to reflect changes in Quinn’s
standard labor charges as in effect from time to time. At each twelve (12) month interval after the date on this
document a 3% to 5% increase may be effective. If Quinn personnel arrive at the job site to perform the Maintenance
Services, and are prevented from doing so through no fault of Quinn, Owner will be charged for the serviceman’s
time and mileage in each such instance.
This Maintenance Agreement includes travel and mileage charges to and from the job site during normal business hours
Weekend and Off-Hours requests will incur additional Labor Charges according to Exhibit "B"
Parts are estimated at time of quote and price may be subject to change at time of service.
5 .
Standards of Performance. Quinn shall perform the Maintenance Services in accordance with the standard
of care customarily employed in the heavy equipment maintenance industry. Quinn will cooperate with Owner
in scheduling performance of the Maintenance Services and Quinn will perform the Maintenance Services in a
manner to minimize interference with the Owner’s normal business operations to the extent reasonably possible.
6 .
Limited Duty and Liability. It is expressly agreed that the responsibility and liability of Quinn is strictly limited to
performance of the Maintenance Services on the Equipment. Quinn has no responsibility or liability for failure
to discover actual or potential problems in the condition or operation of the Equipment. Quinn makes no
representations, warranties, or guaranties concerning the Equipment or the operation of the Equipment.
Quinn shall have no liability for any consequential damages or lost profits suffered or incurred by Owner. It is
expressly agreed that the total liability of Quinn to Owner whether such liability is based upon breach of contract,
tort, or any other theory, shall be limited to an amount equal to the total fee payable by Owner to Quinn during
the twelve (12) month period prior to such claim. It is further understood by Owner that Quinn would not enter
into this Agreement or perform the Maintenance Services without obtaining the benefit of the above-described
limitation on Quinn’s liability to Owner.
7 .
General Provisions. This Agreement sets forth the entire agreement of the parties hereto concerning the subject
matter of this Agreement. This Agreement may only be modified or amended by an agreement in writing
executed by each of the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date first written above.
QUINN COMPANY, a California corporation
dba QUINN POWER SYSTEMS
BY: Oscar Rodriguez
TITLE: CSA Technical Quoter
Date:
Owner:City of Lake Elsinore
City of Lake Elsinore
BY: _________________________________
TITLE: _________________________________
PO #: _________________________________
Date:_________________________________
$27,400.00
7/10/2023
$21,250.00
Page 2
(562) 463-7150 Fax Customer # : 0052746
EXHIBIT "A"Agreement # : 6062
PM Level 1 Multi Point Inspection <-----COVERED PM Level 3 - Cooling System Service
* Comprehensive detailed inspection of units is performed. * Drain, contain and dispose of waste coolant.
* Check/Adjust all fluid levels and pressures for correct operation. * Replace all coolant hoses and clamps.
* Check and inspect air cleaner restriction gauge and air filter element. * Replaced the radiator pressure cap(s)
* Check primary source fuel tank for water with water finding paste. * Replaced the engine thermostat(s) and associated gasket(s).
* Check Day tank, Fuel tank, Fuel line fittings for leaks. * Replaced the engine fan belt(s) and alternator drive belt(s).
* Check Cooling System hoses, caps, clamps for brittleness, leaks, cracks, * Refill system with proper amount of glycol antifreeze and conditioners.
and weakness.* Test run unit to operating temperature, under load when authorized by
* Check battery voltages, charging rates, fluids, and specific gravities / ICV's. site personnel.
* Engine cranking Batteries will be tested under start up load for voltage drop. * Return unit back to original mode of operation.
* Block Heater elements and inlet/outlet t-stats are checked for proper * Submit report to customer.
output and operation.PM Level 7 - Starting Battery Replacement
* Engine Fan Drive and Belts are inspected and adjusted for proper tension * Engine cranking batteries are removed and replaced.
and condition.* Engine cranking batteries will be tested under start up load for voltage drop.
* Check Turbo Charger rotation / end play if so equipped. * Old Battery disposal is provided.
* Check generator brushes for proper tension/setting as equipped. * Test run unit without load.
* Check and document Control Panel instruments for proper operation * Return unit back to original mode of operation.
and values.* Submit report to customer.
* Grease bearings, fan shafts, linkages, and equipment fittings as required.PM Level 11 - Automatic Transfer Switch Inspection <-----COVERED
* Hot oil sample taken and submitted for analysis. * De-energize the transfer switch, when possible.
* Test safety alarms and contacts. * Clean unit of dust and dirt accumulations.
* Run unit under load for up to 15 minutes when authorized by site authority. * Clean open-type relays of dust/grease or oil.
* Submit report to customer. * Visually inspect unit for signs of arching, burning, hot spots, charring,
PM Level 2 Annual Service-Major w/ Multi Point Inspection <-----COVERED or other damages.
* All items from PM Level 1 are performed, PLUS * Inspect for loose, broken or badly worn parts.
* Change crankcase oil, oil filter(s), fuel filter(s), water separator(s) * Check terminal lugs and trip units for tightness / signs of overheating.
as equipped. Air Filters are not included (additional cost if needed) * Check main current carrying contacts for arching, pitting, and discoloration.
* Clean main contacts if needed, check and re-tighten if needed.
* Draw fuel system sample for analysis. * Draw engine coolant sample for analysis. * Check manual switches for free movement and contact continuity.
* Submit report to customer. * Check and adjust relay finger contacts if needed.
* Lubricate all components for proper operation as needed.
* Check plug connections, if equipped.
* Check door closure, locking bars and handle mechanism for proper operation.
* Check exercise timer if equipped.
* Perform transfer test of ATS under load when authorized by site personnel.
* Check all components/timers for proper operation and sequencing.
* Check main power connections for heat build-up with infra-red gun or provide
optional PM Infra-Red scan.
* Timers reset to customer specifications and placed in automatic mode.
* Return unit back to original mode of operation.
* Submit report to customer.
PM Level 17 - Infra-Red Thermography Inspection
* Problems can develop when electrical components generate excessive heat
PM Level 5 - Loadbank Test due to deterioration, loose connections, or overloads. An Infra-Red inspection
* Connect resistive load bank as applicable to generator. is recommended to be performed on all of the following areas: generator output
* Run Test with requested load for 2 hours test duration connections, cables, bus, and generator breakers, while system is energized.
* Record reading every 15 minutes at 100% of name plate rating for above duration Inspection consist of:
0 * Set-up of Thermo graphic Imaging Infra-Red camera.
0 * Conduct infre-red scanning inspection.
* Disconnect load bank from unit. * High resolution photographs will accompany recommendations for corrective
* Return unit back to original mode of operation. action or repair, and will assist overall as a critical part of any complete
* Provide recommendation based on test results. predictive or conditional based maintenance program.
* Submit report to customer. * Submit report to customer after technical review has been completed.
PM Level 22 - UPS Service
* Draw fuel sample from fuel tank & submit to lab for analysis during PM Sevices * Services include manufacturer recommended equipment service & inspection
* Provide report to customer. for ir and rotary type systems
* Performance will be based upon the specific manufacturer scopes of work
* Restores fuel to optimum condition by eliminating entrained & suspended contaminants and whether or not the equipment is energized or de-energized.
* All particulates filtered down to 10 microns * All services are performed only as unit is equipped and as our technician is
* Removal & disposal of all bottom water, kills bacteria & fungus, apply diesel treatment authorized.
* Provide report to customer. * Submit report to customer.
PM Level 10 - Megohmmeter Alternator Winding
* This test should be performed as part of periodic maintenance in order to
detect the deterioration of the winding insulation.
* Perform megohmmeter test on generator winding and measure winding
insulation resistance.
* Submit report to customer.
PM Level 8 - Fuel Sampling <----- COVERED
CSA PM LEVEL DESCRIPTIONS
PM Level 9 - Fuel Polishing
<-----COVERED
CSA & SUPPORT SERVICES (800) 789-9774
Page 3
(562) 463-7150 Fax Customer # : 0052746
EXHIBIT "B"Agreement # : 6062
For regular or emergency service, please call the following numbers:
During normal working hours (7:00AM to 05:00PM Monday – Friday) call:
Customer Service…………………………......…….….......…………………………….
Sales Representative…………………………………………………Valerie Jimenez
CSA Supervisor……………………………………………………….Rick Torres
CSA Coordinator..…………….…………………………………. Alyssa Rodriguez
After hours, Saturdays, Sundays and holidays, call ….….…………………………….
Standard rate: (7:00AM to 03:30PM per hour – Shop
Monday through Friday excluding Holidays) per hour – Field
Overtime rate : (after 03:30PM and per hour – Shop
Saturdays/Holidays) per hour – Field
Premium time : (over 12 hours per per hour – Shop
day or Sunday) per hour – Field
Travel (truck charges) Travel Time @ Hourly Rate
Customer Support Agreement Contact Info
EMERGENCY NUMBERS
CSA & SUPPORT SERVICES (800) 789-9774
(951) 774-3239 x2309
(951) 686-2131 x2321
EFFECTIVE JANUARY 01, 2020
7 days a week with a response time of 4 hours or less.
(800) 789-9774
CONTRACT CUSTOMER LABOR RATE ARE AS FOLLOWS:
CONTRACT RATE STANDARD RATE
$150.00
(951) 712-7259
(562) 463-6004
All call outs requested OFF normal business hours; Monday through Friday, Saturdays, Sundays, and Holidays will be required to pay an
hourly minimum of four (4) hours according to the prevailing billable rates within Exhibit "B". The above discounted labor rates will remain in
effect until annual addendum review or upon termination of this agreement as covered in paragraph 2 under the general agreement terms.
656 E. La Cadena Drive, Riverside, CA 92507
RIVERSIDE BRANCH
Quinn Power Systems will provide “On Call” emergency service 24 hours per day,
$300.00 $410.00
$300.00 $410.00
$205.00
$150.00 $205.00
$195.00 $307.50
$195.00 $307.50
Page 4
Customer # : 0052746
EXHIBIT "C"Agreement # : 6062
Customer:City of Lake Elsinore Date:
Address: 130 S Main St Phone No.
Lake Elsinore CA 92530 Fax No.
Prepared by:
Attention:Luis Ceja
Perform Preventive Maintenance Service and Inspections on the Following.
Engine Description
PM Level1
MultiPoint
Inspection
PM Level 2
Annual
Service
PM Level 11
ATS Inspection
PM Level 5
Loadbank Test
ANNUAL
COST
Fire Station #94
Generac 4445200100, SN 2089686 LABOR:$1,215.00 $915.00 $0.00 $1,177.00 $950.00 $0.00 $0.00 $0.00 $0.00
#1: 2770 Railroad Canyon Lane, Lake Elsinore EST. PARTS:$75.00 $262.00 $0.00
Fire Station #85
Olympian G30F3, SN NFS00552 LABOR:$1,215.00 $915.00 $0.00 $1,177.00 $950.00 $0.00 $0.00 $0.00 $0.00
#2: 29405 Grand Ave, Lake Elsinore CA EST. PARTS:$75.00 $240.00 $0.00
City Hall
Caterpillar 3116, SN 02SG00892 LABOR:$1,215.00 $915.00 $0.00 $1,177.00 $1,200.00 $0.00 $0.00 $0.00 $0.00
#3: 130 S Main St, Lake Elsinore CA EST. PARTS:$75.00 $526.00 $0.00
Fire Station #97
Cummins GGFE-54367, SN 203220997 LABOR:$1,215.00 $915.00 $0.00 $1,177.00 $950.00 $0.00 $0.00 $0.00 $0.00
#4: 41725 Rosetta Canyon Dr, Lake Elsinore CAEST. PARTS:$75.00 $138.00 $0.00
Storm Stadium
Generac 91A01110-S, SN 995100 LABOR:$1,215.00 $915.00 $0.00 $1,177.00 $1,150.00 $0.00 $0.00 $0.00 $0.00
#5: 500 Diamond Dr, Lake Elsinore CA EST. PARTS:$75.00 $480.00 $0.00
Launch Point
Generac A2400T, SN TR4H01107 LABOR:$1,215.00 $915.00 $0.00 $0.00 $950.00 $0.00 $0.00 $0.00 $0.00
#6: 32040 Riverside Dr, Lake Elsinore CA EST. PARTS:$75.00 $489.00 $0.00
Note: Parts are estimated at time of quote and price may be subject to change at time of service.
$27,400.00
$7,740.00 $7,625.00 $0.00 $5,885.00 $6,150.00 $0.00 $0.00 $0.00 $0.00 $27,400.00
$4,572.00
0
Oscar Rodriguez
0
PREVENTIVE MAINTENANCE SCHEDULE
CSA & SUPPORT SERVICES (800) 789-9774
7/10/2023
$4,594.00
951-830-0406
$4,470.00
$3,644.00
$5,012.00
$5,108.00
Page 5