CONTRACT 6410 Maintenance and Repair Agreement CLOSEDAgreement No. 6410
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DUTHIE ELECTRIC SERVICE CORPORATION
EM 22-03: ON -CALL EMERGENCY GENERATOR REPAIRS
AND MAINTENANCE SERVICES
This MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 9t'
day of June, 2022, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation ("CITY") and DUTHIE ELECTRIC SERVICE CORPORATION, a
CALIFORNIA CORPORATION ("CONTRACTOR").
The parties agree as follows:.
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, Exhibit "A".
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR not to exceed
Fifteen Thousand dollars ($15,000.00) rates set forth in the attached Exhibit "A"
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly, but not later than thirty (30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from July 1, 2022 to June 30, 2023. This term
may be amended by mutual written consent of the parties, as specified in Section 19.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 1
Agreement No. 6410
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
httr)://www.dir.ca. ov/DLSRiP;WD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 2
Agreement No. 6410
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 3
Agreement No. 6410
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits combined single)
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C, Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 4
Agreement No. 6410
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D.. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E, The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 5
Agreement No. 6410
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Greg Booras
City of El Segundo
150 Illinois St.
El Segundo, CA 90245
Tel. no.: 310-524-2714
Email: gbooras@elsegundo.org
To CONTRACTOR: Attn: Peter Thornton
Duthie Electric Service Corporation
2335 E. Cherry Industrial Circle
Long Beach, CA 90805
Tel. no.: 562-790-1772
Email: peter@duthiepower.com
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 6
Agreement No. 6410
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one Agreement
binding on all Parties notwithstanding that all the Parties are not signatories to the same
counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement,
Agreements ancillary to this Agreement, and related documents to be entered into connection
with this Agreement will be considered signed when the signature of a party is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 7
Agreement No. 6410
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 8
Agreement No. 6410
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
DUTHIE ELECTRIC SERVICE
CORPORATION
lei
r
Elias Sas oon, Name:Shana Duthie
Public Works Director Title: Head of Sales & Marketing
ATTEST:
.q'ac,p 'Pm��
Tr4 "heaver,.
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
4-1--
Joaquin r
guex Deputy City Attorney
Insurance Reviewed by: Y
Hank q, Risk Manager
Taxpayer ID No. 95-3810577
Contractor State
License No.: C10 - 708125
Contractor City Business
License No.: 9471
City of El Segundo Maintenance Agreement (with Prevailing Wage)
Page 9
EXHIBIT A Agreement No. 6410
24 Hour Service
Specializing in Generators & Diesel Fire Pumps
2335 E. Cherry Industrial Circle
Long Beach, CA 90806-4416
Phone (562) 790-1772 Fax (562) 408-3020
June 9, 2022
City of El Segundo
150 Illinois St.
El Segundo, CA. 90245
Attention: Arianne Bola
As requested, the following is a detailed list of the available services offered by Duthie Power Services:
Generator services:
Annual service — Oil and filter changes, unit inspection and testing, (details in attached letter).
Semi-annual services — follow up inspections 6 months after annual service is completed.
Load Bank Testing — 2- and 4-hour testing of durability and performance of the generator. Suggested by Electrical Cade
NFP 110.
Three-year cooling system service — Change of coolant, all belts and hoses, thermostats, radiator cap.
Emergency Services:
Field Service is available 24 hours a day 7 days a week. Including Holidays.
Available Rental generators, with delivery and hook up services also available 24/7. We own our entire fleet of 100 rental
generators, 20KW to 1500KW.
We have 27 field service technicians, which makes our response time one of the best in Southern California.
Generator repairs:
We service and repair all brands and sizes of generator sets.
We can perform all types of engine repairs. Overhauls to fuel injection repairs. Water pumps to Turbo chargers.
Radiator repairs to replacements. Coolant Flush and service.
Fuel tank repairs and replacements.
Fuel tank cleaning and fuel polishing.
Generator rewinds
Remote annunciators, Generator controllers, exhaust systems (including Diesel Particulate Filters)
Automatic Transfer Switch:
Annual Service and repair.
Building Load Transfer Testing.
New replacement sales and installs.
Rental Automatic Transfer Switches are also available.
Rental Equipment:
Daily, Weekly and Monthly rental of generators from 20KW to 1500KW
Automatic Transfer Switches
Spider Boxes
Cables
Diesel :Driven Fire :Pu ps:
Agreement No. 6410
Annual Services same as generators.
Testing
Fire Pump controllers, Annual service, repairs, and new replacements.
New Equipment Sales:
New generator sets, Most brands for commercial and residential applications
Automatic Transfer Switches, Most brands
Fire Pump Controllers
Fuel tanks
Generator remote Monitoring systems
Diesel Particulate Exhaust Filtering Systems
Respectfully,
DUTHIE POWER SERVICES
Peter Thornton, Sales Engineer
Agreement No. 6410
®UTHIE 24 Hour Service
pe rk nR 1"n Generabrs
POWER SERVICES Rentals Sales Service fnstdofions
42335 E Cherry Industrial Circle Phone (562) 790-1772 (800) 394-7697
Long Beach, CA 90805-4416 Fax (562) 790-8230 Lic # 708125
SCHEDULED SERVICE AGREEMENT
SERVICES TO BE PERFORMED
SEMI ANNUAL SERVICE UARTEIq Y OR SEMIANNUAL
1. Check fuel and oil levels. Check for leaks. Add oil as required for safe engine operation.
2. Inspect air cleaner elements. Clean as required. Inspect crankcase breathers and note any excessive blow -by.
3. Inspect turbocharger rotation and end play.
4. Inspect hoses for security, brittleness, cracking, leaks and weakness. Check all hose clamps and tighten as required.
5. Inspect fan and alternator belts for proper tension and condition. Adjust as required.
6. Inspect day tank, piping, motors and levels. Check for leaks. Service fuel/water separators.
7. Inspect batteries, cables and lugs for tightness. Clean battery and fill cells as required. Record battery cells specific
gravities. Check for correct electrolyte level. Record DC voltage power supply. hispect battery charger.
S. Inspect engine control panel for loose connections. Tighten as required.
9. Inspect jacket water heater for correct operation.
10. Inspect water pump for leaks and/or unusual noises.
11. Inspect governor and engine controls. Inspect controls and linkage for proper operation. Add lube oil as necessary.
12. Test all engine safety shutdown pre alarms and alarms.
13. Inspect radiator for leaks and clogged fins. Check cooling system anti-fi•eeze and Nalcool protection. Add water as
required for safe engine operation.
14. Start engine and warm up. Record operation. Adjust RPM as required. Check for fluid leaks. Check all instruments
for- proper operation.
ANNUAL SERVICE INCI TIDES STEPS LISTED UNDER SEMI ANNUAL SERVICE PLUS:
1. Change oil and oil filters at 200 service meter hours, or yearly.
2. Change fuel filters at 200 service meter hours, or yearly.
3. Inspect junction box for loose connections. Tighten as required.
4. Inspect generator brushes for proper setting and clean slip rings. Lubricate generator bearings.
5. Inspect and clean generator exciter and regulator. Check for loose connection.
6. Take oil sarnple for analysis.
ADDITIONAL STEPS INCLUDED FOR.GAS UNITS :DURING ANNUAL SERVICE
6. Clean and adjust spark plugs.
7. Clean and adjust ignition condensers and points. Check timing and set when necessary.
8. Inspect distributor cap rotor for cracks, corrosion, and wear.
9. Inspect ignition wires for cracks, insulation breakdown, and corrosion.
ADDITIONAL SERVICES PERFORMED AT CUSTOMERS REQUEST AT ADDITIONAL COST
1. Change anti -freeze, yearly.
2. Take oil sample for analysis.
3. Load bank test or test run under load with customers connected load.
4. Test automatic transfer switch. Check automatic transfer switch for proper operation and clean as required.
5. Fuel scrubbing (cleaning).
6. Instruct owner's personnel on operating procedures and upkeep between regular service calls.
AmemelNo., 6410
24 Hour ervice
Specializing in Generators & Diesel Fire Pumps
2335 E. Cherry Industrial Circle
Long Beach, CA 90805-4416
Phone (562) 790-1772 Fax (562) 408-3020
June 7, 2022
City of El Segundo
150 Illinois St.
El Segundo, CA. 90245
Attention: Mr. Greg Booras
Subject: Current Labor Rates for Service Calls. We are available 24/7 for emergency services.
DIR #1000027141
LABOR RATES:
LABOR RATES ARE PORTAL TO PORTAL.
(Duthie Power Yard to customer facility and back)
Strai lit Time: $155.00/hour, start time.
Based on regular work hours 7:00 am to 3:30 p.m., Monday through Friday.
Time and a Half. $232.50/hour, start time.
Monday through Friday before 7:00 am and after 3:30 p.m. and anytime on Saturday or first four hours after technician
has worked 8 hours, Monday - Friday.
Double Time: $310.00/hour, start time.
Anytime on Sundays and Monday through Saturday if technician has worked over (12) twelve consecutive hours on any
one day (8 consecutive hours on Saturday).
There is a (4) four-hour minimum call out.
Mileage: $2.75 per mile for service trucks.
Service rates are subject to change without notice and are not apart of any agreement or contract.
Please note afternoon or evening service calls Monday through Friday may result in some or all hours in overtime as
stated above. Saturday and Sunday is overtime as stated above.
If you desire any additional information, please do not hesitate to call.
Respectfully,
DUTHIE POWER SERVICE
Peter Thornton, Sales Engineer
Emergency Contacts:
Emergency off hours phone number 800-394-7697
Mr. Randy Gross. Service Mgr. Cell #562-882-1793, Office 562-790-1772 — Ext. 1243
Mr. Dewey Brunson. Assistant Service Mgr. Cell #562-519-8470, Office 562-790-1772 — Ext. 1223
Mr. Salvador Hernandez. Rental Mgr. Cell #562-843-2254, Office 562-790-1772 — Ext. 1216
Mr. Peter Thornton. Sales Rep. Cell #909-583-1984.Office 562-790-1771 — Ext. 1228