HomeMy WebLinkAboutCO 2025-063 - UPSCO Powersafe Systems, Inc
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT CONTRACT
UPSCO POWERSAFE SYSTEMS, INC
FOR
UPS MAINTENANCE AND REPAIR SERVICES
AWARD DATE: April 16, 2024
City of Rancho Cucamonga
CONTRACT NUMBER
2025-063
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 19th day of
May, 2025, by and between the City of Rancho Cucamonga, a municipal
corporation (“City”) and the Rancho Cucamonga Fire Protection District
("RCFPD") and UPSCO PowerSafe Systems, Inc., a UPS System Maintenance
Company (“Consultant”).
RECITALS
A.City has heretofore issued its request for proposals to perform the following
professional services: Uninterruptible Power Supply (UPS) System Maintenance and
Repair and battery replacements (“the Project”).
B.Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C.City desires to engage Consultant to complete the Project in the manner set
forth and more fully described herein.
D.Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a good
and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1.Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
professional services described in Recitals “A” and “B” above, including, but not limited
to uninteruptible power supply (UPS) system maintenance and repair and battery
replacements , all as more fully set forth in the Consultant’s proposal, dated March 19,
2015 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by
reference herein. The nature, scope, and level of the services required to be performed by
Consultant are set forth in the Scope of Work and are referred to herein as “the Services.”
In the event of any inconsistencies between the Scope of Work and this Agreement, the
terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project desired
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by the City. Consultant agrees that the Scope of Work may be amended based upon said
meetings, and, by amendment to this Agreement, the parties may agree on a revision or
revisions to Consultant’s compensation based thereon. A revision pursuant to this Section
that does not increase the total cost payable to Consultant by more than ten percent (10%)
of the total compensation specified in Section 3, may be approved in writing by City’s City
Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for professional
skill and care, and in accordance with any schedule of performance set forth in the Scope
of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto
as Exhibit “A”.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake
the services to be provided. In light of such status and experience, Consultant hereby
covenants that it shall follow the customary professional standards in performing the
Services.
1.5 Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has
investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
Consultant represents that Consultant, to the extent required by the standard of practice,
has investigated any areas of work, as applicable, and is reasonably acquainted with the
conditions therein. Should Consultant discover any latent or unknown conditions, which
will materially affect the performance of services, Consultant shall immediately inform
City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be one (1) year(s)
and shall become effective as of the date of the mutual execution by way of both parties
signature (the “Effective Date”). No work shall be conducted; service or goods will not be
provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year(s) increments to a
total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options
to renew are contingent upon the City Manager’s approval, subject to pricing review, and
in accordance to all Terms and Conditions stated herein unless otherwise provided in
writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
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shall not exceed $45,000 (Forty Five Thousand Dollars), including all out of pocket
expenses, unless additional compensation is approved by the City Manager or City
Council. City shall not withhold any federal, state or other taxes, or other deductions.
However, City shall withhold not more than ten percent (10%) of any invoice amount
pending receipt of any deliverables reflected in such invoice. Under no circumstance shall
Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to the
City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Andy Miller, Facilities
Superintendent, or such other person as designated in writing by the City (“City
Representative”). It shall be Consultant’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Martin Holiday, President is hereby designated as the principal and representative of
Consultant authorized to act in its behalf with respect to the services specified herein and
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make all decisions in connection therewith (“Consultant’s Representative”). It is expressly
understood that the experience, knowledge, capability and reputation of the Consultant’s
Representative were a substantial inducement for City to enter into this Agreement.
Therefore, the Consultant’s Representative shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder. Consultant may not change the Responsible
Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s
direct supervision, and all personnel shall possess the qualifications, permits, and licenses
required by State and local law to perform such Services, including, without limitation, a
City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same (collectively,
“Work Product”), are considered to be “works made for hire” for the benefit of the City.
Upon payment being made, and provided Consultant is not in breach of this Agreement,
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all Work Product shall be and remain the property of City without restriction or limitation
upon its use or dissemination by City. Basic survey notes, sketches, charts, computations
and similar data prepared or obtained by Consultant under this Agreement shall, upon
request, be made available to City. None of the Work Product shall be the subject of any
common law or statutory copyright or copyright application by Consultant. In the event of
the return of any of the Work Product to Consultant or its representative, Consultant shall
be responsible for its safe return to City. Under no circumstances shall Consultant fail to
deliver any draft or final designs, plans, drawings, reports or specifications to City upon
written demand by City for their delivery, notwithstanding any disputes between
Consultant and City concerning payment, performance of the contract, or otherwise. This
covenant shall survive the termination of this Agreement. City’s reuse of the Work Product
for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the
Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to the
Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law. City
shall be entitled to utilize the Work Product for any and all purposes, including but not
limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and
publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any instrumentality,
thing or component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of the Work Product
and/or materials produced under this Agreement, and that City has full legal title to and the
right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold
City, and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials,
harmless from any loss, claim or liability in any way related to a claim that City’s use is
violating federal, state or local laws, or any contractual provisions, relating to trade names,
licenses, franchises, patents or other means of protecting intellectual property rights and/or
interests in products or inventions. Consultant shall bear all costs arising from the use of
patented, copyrighted, trade secret or trademarked documents, materials, software,
equipment, devices or processes used or incorporated in the Services and materials
produced under this Agreement. In the event City’s use of any of the Work Product is held
to constitute an infringement and any use thereof is enjoined, Consultant, at its expense,
shall: (a) secure for City the right to continue using the Work Product by suspension of
any injunction or by procuring a license or licenses for City; or (b) modify the Work
Product so that it becomes non-infringing. This covenant shall survive the termination of
this Agreement.
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8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City.
Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its officers, agents or employees are
in any manner employees of City. Consultant shall pay all required taxes on amounts paid
to Consultant under this Agreement, and to defend, indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant shall fully
comply with the workers’ compensation law regarding Consultant and Consultant’s
employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the Consultant
from giving notices required by law or complying with an order to provide information or
data when such an order is issued by a court, administrative agency or other legitimate
authority, or if disclosure is otherwise permitted by law and reasonably necessary for the
Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest shall
be employed by it. Furthermore, Consultant shall avoid the appearance of having any
interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or
entity, other than a bona fide employee working exclusively for Consultant, any fee,
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commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if such
interest would not be deemed a prohibited “conflict of interest” under applicable laws as
described in subsection 10.1.
11. Indemnification.
11.1 Professional Services. In the connection with its professional
services, the Consultant shall defend, indemnify, and hold the City, and its elected officials,
officers, employees, servants, volunteers, and agents serving as independent contractors in
the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to
any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively,
“Claims”), including but not limited to liability for death or injury to any person and injury
to any property, to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant or any of its officers, employees,
subcontractors, consultants, or agents in the performance of its professional services under
this Agreement. Consultant shall pay all reasonable defense costs and expenses, including
actual attorney’s fees and experts’ costs incurred in connection with such defense.
11.2 Other Indemnities. In connection with all Claims not covered by
Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend,
hold harmless and indemnify the Indemnitees with respect to any and all Claims including
but not limited to Claims relating to death or injury to any person and injury to any property,
which arise out of, pertain to, or relate to the acts, omissions, activities or operations of
Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in
the performance of this Agreement. Consultant shall defend Indemnitees in any action or
actions filed in connection with any such Claims with counsel of City’s choice, and shall
pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in
connection with such defense. The indemnification obligation herein shall not in any way
be limited by the insurance obligations contained in this Agreement provided, however,
that the Contractor shall have no obligation to indemnify for Claims arising out of the sole
negligence or willful misconduct of any of the Indemnitees.
11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Consultant because of the acceptance by City, or the
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deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having, at City’s option, an extended reporting period
of not less than three (3) years; or professional liability
insurance shall be maintained for a period of three (3) years
after completion of the Services which shall, during the
entire three (3) year period, provide protection against
claims of professional negligence arising out of Consultant’s
performance of the Services and otherwise complying with
all applicable provisions of this Section 12. The policy shall
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be endorsed to include contractual liability to the extent
insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in excess
of the specified limits and coverage required which are
applicable to a given loss, shall be available to the City. No
representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall
not reduce the limits of coverage. City reserves the right to obtain a full
certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a separate
additionally insured endorsement naming the City, its
officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of City
officials as additional insureds as respects: liability arising
out of activities performed by or on behalf of Consultant;
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products and completed operations of Consultant; premises
owned, occupied or used by Consultant; and/or automobiles
owned, leased, hired or borrowed by Consultant. The
coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials which are not also
limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of
City or officials. Any insurance or self-insurance
maintained by City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of
Consultant’s insurance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has been
given to City (ten (10) days prior written notice for non-
payment of premium). Consultant shall provide thirty (30)
days written notice to City prior to implementation of a
reduction of limits or material change of insurance coverage
as specified herein.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
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breaches of warranty, shall not affect the coverage required to
be provided.
(8) Each policy shall specify that any and all costs of adjusting
and/or defending any claim against any insured, including
court costs and attorneys' fees, shall be paid in addition to and
shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2)
Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements shall
be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All
endorsements or policies shall be received and approved by the City before Consultant
commences performance. If performance of this Agreement shall extend beyond one year,
Consultant shall provide City with the required policies or endorsements evidencing
renewal of the required policies of insurance prior to the expiration of any required policies
of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of this
Agreement including the indemnity and insurance requirements to the extent they apply to
the scope of any such subcontractor’s work. Contractor shall require its subcontractors to
be bound to Contractor and City in the same manner and to the same extent as Contractor
is bound to City pursuant to this Agreement, and to require each of its subcontractors to
include these same provisions in its contract with any sub-subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might require.
City shall compensate Consultant for any litigation support services in an amount to be
agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall pay
Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant shall
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have no other claim against City by reason of such termination, including any claim for
compensation. City may terminate for cause following a default remaining uncured more
than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business
days prior written notice for any of the following: (1) uncured breach by the City of any
material term of this Agreement, including but not limited to Payment Terms; (2) material
changes in the conditions under which this Agreement was entered into, coupled with the
failure of the parties to reach accord on the fees and charges for any Additional Services
required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Consultant’s and City’s regular
business hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses set forth in this Section, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
Section.
All notices shall be addressed as follows:
If to City: Andy Miller, Facilities Superintendent
City of Rancho Cucamonga
Piblic Works Services Department
8794 Lion Street
Rancho Cucamonga, CA 91730
If to Consultant: Martin Holiday, President
44 N. Central Ave
Upland, CA 91786
MartinHoliday@UPSCOPower.com
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein, any
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attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. CONSULTANT 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. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully
comply with such Prevailing Wage Laws. The applicable prevailing wage rate
determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant’s principal place of business
and at the Project site. CONSULTANT shall defend, indemnify and hold the City, its
elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance
of this Agreement shall be controlled by and construed under the laws of the State of
California. Venue for any action relating to this Agreement shall be in the San Bernardino
County Superior Court.
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23.Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement shall
not be resolved by any rules of interpretation providing for interpretation against the party
who causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
24.Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Consultant Name: UPSCO PowerSafe Sytems,
Inc.
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
Rancho Cucamonga Fire Protection District
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
President
President
5/21/2025 | 3:07 PM PDT
5/21/2025 | 3:07 PM PDT
5/21/2025 | 4:07 PM PDT
Director of Public Works
5/21/2025 | 4:11 PM PDT
Fire Chief
____________
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EXHIBIT A
SCOPE OF SERVICES
See Attached
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EXHIBIT B
SCHEDULE OF PERFORMANCE
N/A
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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
The City of Rancho Cucamonga, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or
officials.
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Attachment B – Sample Additional Insured for On-going Projects
The City of Rancho Cucamonga, its
officers, officials, employees, designated
volunteers and agents serving as
independent contractors in the role of City
or officials.
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
3.16. LINE-ITEM PRICING
Line-item pricing for this RFP must be provided directly in the Planet Bids system under the “Line Items” tab.
This pricing is not an estimate and is firm fixed price for each item listed. Vendors pricing quotes outside of the
pricing listed in Planet Bids under the “Line Items” tab will not be accepted or considered for award. Any
additional cost required should be noted in the additional cost line item and a summary of the cost provided in
the notes section of the line item. While Line-item pricing accompanies your RFP response it is not to be
discussed in any other area of the RFP response other than the “Line Item” tab in Planet Bids. The City and
RCFPD will not be obligated to any estimated pricing or pricing not identified in the “Line Item” tab in Planet
Bids. Failure to provide the required Line-Item pricing in the required format will cause Vendors RFP response
to be considered as non-responsive and be eliminated from proceeding any further in the process. Any
questions or clarifications regarding how to correctly submit Line-Item pricing should be submitted by the
“Questions Due” date and time indicated in the schedule of events.
4.SCOPE OF SERVICES
4.1. OBJECTIVES
The primary objectives of the UPS annual preventative maintenance services are:
•Ensure the uninterrupted functionality of UPS systems.
•Identify and address potential issues before they escalate into critical failures.
•Maximize the lifespan and efficiency of the UPS equipment.
•Comply with regulatory standards and safety requirements.
•Minimize the downtime and operational disruptions due to power-related issues.
4.2. SERVICES INCLUDED
The annual preventative maintenance services shall include, but not be limited to, the following tasks listed
below.
4.2.1. UPS ANNUAL SERVICE
1.Perform temperature check on all breakers, connection, and associated controls. Repair and report all
high temperature areas.
2.Perform temperature check on UPS room for adequate cooling temperature and air flow for optimal UPS
and battery performance.
3.Perform a complete visual inspection of the equipment including subassemblies, wiring harnesses,
contacts, cables, and major components.
4.Check air filters for cleanliness.
5.Check rectifier and inverter boards for discoloration.
Exhibit A
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
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6.Record all voltage and current meter readings on the module control cabinet or the system control
cabinet.
7.Check the inverters and rectifiers for burned or broken wiring.
8.Check all nuts, bolts, screws and connectors for tightness and heat discoloration.
9.Check fuses on the DC capacitor deck for continuity (if applicable).
10.With customer approval, perform operational test of the system including unit transfer and battery
discharge.
11.Check and verify the units are operating with the current firmware from the manufacturer. Update as
necessary.
12.Calibrate and record all electronics to system specifications.
13.Check or perform Engineering Field Change Notices (FCN) as necessary.
14.Measure and record all low-voltage power supply levels.
15.Record phase-to-phase input voltage and currents.
16.Check power capacitors for swelling or leaking oil (if applicable).
17.Inspect DC capacitor vent caps that have extruded more than 1/8” (if applicable).
18.Measure and record harmonic trap filter currents (if applicable).
19.Review system performance with customer to address any questions and to schedule any repairs.
4.2.2. BATTERY INSPECTION SERVICE
1.Check integrity of battery cabinet.
2.Visual inspection of the battery cabinet and/or room to include:
a.Check for NO-OX grease or oil on all connections (if applicable).
b.Check battery cases for proper liquid level (if flooded cells).
c.Check for corrosion on all the terminals and cables.
3.Examine the physical cleanliness of the battery room and cases.
4.Measure and record DC bus ripple voltage (if applicable).
5.Measure and record total battery float voltage.
6.Inspect the appearance and cleanliness of the batteries and battery room. Clean normal case top dirt
accumulation (to be done only with battery offline).
7.Measure and record the total battery float voltage and charging current.
8.Measure and record the overall AC ripple voltage.
9.Measure and record the overall AC ripple current.
10.For UPS units that do not produce AC ripple, a siemens (mhos) readings must be taken using a Midtronics
or equivalent meter unit.
11.Visually inspect the cases and covers for cracks and leakage.
12.Visually inspect for evidence of corrosion
13.Measure and record the ambient temperature.
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
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14.Verify the integrity of the battery rack/cabinet.
15.Measure and record 100% of the case temperatures.
16.Measure and record the float voltage of all cases.
17.Measure and record all internal ohmic readings.
18.Record installation date of each battery.
19.Re-tighten all connections to the battery manufacturer’s specifications, if required. Refer to the
manufacturer’s literature to determine if re-tightening is required.
20.Measure and record all battery connection resistances when applicable.
21.Provide a detailed written report noting any deficiencies and corrective action needed, taken and/or
planned.
a.Visual inspection of UPS components and connections.
b.Testing and calibration of UPS parameters including voltage, frequency, and load levels.
c.Inspection and replacement of UPS batteries as needed.
d.Cleaning and dusting of UPS components and surrounding areas.
e.Verification of UPS software and firmware updates.
f.Testing of UPS transfer switch functionality (if applicable).
g.Assessment of environmental conditions (temperature, humidity) affecting UPS operation.
h.Documentation of maintenance activities, findings, and recommendations
4.2.3. FREQUENCY
The UPS annual preventative maintenance services shall be conducted during the month of July each year,
unless otherwise specified by the City or Fire department. The timing of maintenance visits shall be coordinated
in advance to minimize disruption to facility operations.
4.2.4. REPORTING
A detailed maintenance report shall be provided after each service visit, including:
a.Summary of maintenance tasks performed.
b.Findings and observations regarding UPS condition and performance.
c.Recommendations for corrective actions or improvements.
d.Documentation of any replaced components or consumables.
e.Certification of compliance with relevant standards and regulations.
f.A written report of all services, including the annual system preventive maintenance service, shall
be provided to the customer contact within 24 hours after service is complete.
4.2.5. QUALIFICATIONS
The contractor shall possess the following qualifications and certifications:
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
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Page 17 of 35
a.Experience in providing UPS maintenance services for municipal and emergency response
facilities.
b.Trained and certified technicians with expertise in UPS systems.
c.Compliance with applicable industry standards and regulations (e.g., NFPA, IEEE).
4.3. LOCATION OF WORK
a.All City of Rancho Cucamonga facilities to include interior and exterior locations.
b.All City of Rancho Cucamonga parks to include interior and exterior locations.
c.All Rancho Cucamonga Fire Protection District facilities including all Fire Stations and District
properties.
4.4. WORKING HOURS
a.Regular working hours are the City's normal business hours, 7:00 a.m. to 6:00 p.m., Monday
through Friday, unless otherwise authorized by the city.
b.Holiday hours are recognized City holidays only.
c.After hours are all hours excluding regular hours and recognized City holidays.
d.The Contractor shall be capable of dispatching work crews 24 hours/7 days a week including
weekends and holidays.
e.All work shall be scheduled at the convenience of the City as not to interfere with normal
operations. Monthly preventive maintenance shall be performed Monday through Thursday
between 7:00 a.m. and 4:00 p.m.
4.5. RESPONSE TIME
a.Contractor shall be on site with all necessary labor, material, tools and equipment necessary to
provide emergency services within two (2) hours of notification by the City.
b.Contractor shall be on site with all necessary labor, material, tools and equipment necessary to
provide non-emergency services within 24 Hours of notification by the City.
c.Guaranteed 15-minute phone response for emergencies.
d.On-call personnel within 10-mile radius of Rancho Cucamonga.
e.Critical incident resolution: Resolution of critical incidents within 24 hours. (See definition of
critical incident)
i.Critical Incident Definition: A Critical Problem is defined as an incident that renders the City’s
system(s) unusable until the problem is resolved. There are no acceptable alternatives or
workarounds available to restore partial and/or temporary service. Resolution of the problem
is considered to be of utmost priority.
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
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ii.Example: A Critical Problem would include operational or total failure of the following
equipment but is not limited to: Main control board, failed battery causing an open in the
battery string, Inverter or Rectifier.
iii.Requirements: For Critical Incidents: an industry qualified technician would be onsite within
the required 2-hour response time from the time of the reported incident with the
appropriate replacement parts or equipment based upon availability of the part or equipment
which needs replacing. The replacement may be a newer version of equipment as older and
discontinued parts may not be available or hard to procure. If the replacement part or
equipment is not available, the vendor will make the best effort to obtain the part or
equipment as quickly as possible. The vendor will provide an estimate on when this part or
equipment will be onsite. If repairs are unable to be made within the required 24-hour time
period, a complete temporary replacement UPS shall be installed within 24 hours of the
reported incident.
f.Major incident resolution: Resolution of major incident within 48 hours. (See definition of critical
incident)
i.Major Incident Definition: A Major Problem is defined as an incident that prevents normal
operation of the City’s system(s) but does not preclude the system(s) usability. There are
acceptable alternatives or workarounds available to restore partial and/or temporary service
until the problem is resolved.
ii.Examples: A Major Problem would include partial or total failure of any of the following
equipment but is not limited to: Leaking battery case, System cooling fan.
iii.Requirements: For Major Problems, an industry qualified technician would be onsite the same
business day or no later than the business day following the reported incident to diagnose
the reported problem, identify and order the appropriate replacement part/s or equipment.
The technician would take the necessary actions to order parts/equipment and affect the
repair within 48 hours of the reported major incident. The replacement may be a newer
version of equipment as older and discontinued parts may not be available or hard to procure.
g.Minor incident resolution: Resolution of minor incident within 72 hours. (See definition of critical
incident)
i.Minor Incident Definition: A Minor Problem is defined as an incident that hinders normal
operation of the City’s system(s) and does not preclude the system(s) usability but is a non -
normal condition. There are acceptable alternatives or workarounds available to restore
partial and/or temporary service until the problem is resolved. (By default, a Minor Problem
is any incident that cannot be classified as Critical or Major.)
ii.Examples: A Minor Problem would include partial or total failure of any of the following
equipment but is not limited to: Non-functioning LCD display, alarm buzzer.
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
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iii.Requirements: For Minor Problems, an industry qualified technician would be onsite no later
than the second business day following the reported incident to diagnose the problem,
identify and order the appropriate replacement part/s or equipment. The techni cian would
take the necessary actions to order parts/equipment and affect the repair within 72 hours of
the reported minor incident. The replacement may be a newer version of equipment as older
and discontinued parts may not be available or hard to procure.
4.6. CONTRACTOR REQUIREMENTS
a.Contractor’s employees shall be always in a Contractor-supplied uniform when working on City
property. A Contractor-provided, clearly readable name identification device consisting of the
employee’s name, photograph and the company name shall be always worn.
b.All work performed by the contractor shall be coordinated with the designated City
representative.
c.The contractor shall provide a competent and reliable superintendent who must be available
twenty-four (24) hours a day, seven (7) days a week and have full authority to act on the behalf of
the contractor.
d.Certain duties may require the contractor to perform work in facilities occupied by City staff
and/or the general public. Special care must be taken to keep all work areas safe and clean. All
tools and materials must be kept out of reach from all unqualifi ed personnel and all waste
materials and debris shall be cleaned regularly to maintain a safe work site.
e.The contractor, during the work period and after each workday for extended projects, may leave
essential equipment at a location approved by the City’s designated representative. The
contractor shall secure all work sites against possible injury or harm to others throughout working
hours and at the conclusion of each workday.
f.The contractor shall have updated safety procedures. The procedures must be always followed
for the protection of life and equipment.
g.All work shall be performed according to the standards of the manufactures guidelines NFPA 70E,
IEEE Std 1188, IEEE Std 450, IEEE Std 1106, industry and to the complete satisfaction of the City of
Rancho Cucamonga.
h.All work performed by the contractor shall be to a professional standard, complying with the
requirements of the applicable edition of the Uniform Building Code, State and Local building
codes and any local ordinances.
i.The contractor must meet all federal EPA and OSHA guidelines in the proper handling and disposal
of recyclable materials, special waste and contaminated or hazardous materials .
4.7. REPLACEMENT PARTS STOCK
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
Emergency replacement parts for all City owned UPS shall be kept on hand and stocked within a 10-mile radius
of Rancho Cucamonga.
4.8. TEMPORARY UPS UNITS
Complete temporary replacement UPS units shall be available for all eighteen (18) City owned UPS and installed
within 24 hours of failure if repairs are unable to be made within the critical incident resolution time frame.
4.9. INDIVIDUAL BATTERY REPLACEMENT
The city requires the replacement of batteries if they fail prior to the scheduled full string replacement every
five years. To maintain that requirement if the included 10% of battery stock is exceeded, the City prefers to
have a set price per battery replacement during the contract. This set price must include the cost of the battery,
shipping, installation, and removal of old battery. Along with the set price per battery replacement, each new
battery purchased and installed will be covered by a (3) year warranty regardless of the age of the string. The
(3)year battery warranty includes the cost of the battery, shipping, installation, and removal of old battery. All
covered expenses at no cost to the city. Contract to include individual battery replacement for up to 10% of City
total battery stock. Replacement batteries must be of same manufacturer and model number as original.
4.10. BATTERY RECYCLING
Contract to include battery recycling as required, with documentation meeting EPA requirements.
4.11. COMPUTERIZED WORKORDER MANAGEMENT SYSTEM
a.The City of Rancho Cucamonga utilizes a variety of off the shelf and custom -built computerized
maintenance management systems (CMMS) to document work. If a system is implemented at any
time during the term of a contract arising from this solicitation, the Contractor shall be responsible
for documenting all work performed under said contract in the CMMS as directed by the City.
b.The contractor shall provide field staff with a smart phone or other mobile device compatible with
the CMMS.
c.Each mobile device shall have a wireless data plan.
d.Documentation of work in the CMMS shall be done at no additional cost to the City.
4.12. EQUIPMENT SCHEDULE
a.See section 4.17.
4.13. PREVENTATIVE MAINTENANCE SCHEDULE
a.Preventive maintenance shall be performed annually for all Uninterrupted Power Supplies at the
above listed locations. Preventive maintenance performed in accordance with equipment
manufacturers recommendations, including but not limited to visual inspections of UPS
components and connections; Testing and calibration of UPS parameters including voltage,
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
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Page 21 of 35
frequency, and load levels; Inspection and replacement of UPS batteries as needed; Cleaning and
dusting of UPS components and surrounding areas; Verification of UPS software and firmware
updates; Testing of UPS transfer switch functionality (if applicable); Assessment of environmental
conditions (temperature, humidity) affecting UPS operation; Documentation of maintenance
activities, findings, and recommendations.
b.The Contractor shall provide a detailed schedule for all preventive maintenance work to be
performed.
c.The Schedule shall include a detailed task list for each piece of equipment to be serviced.
d.The preventive schedule and tasks may be used to generate preventive maintenance workorders
in the Work Order Management System described above.
4.14. PRICING
a.Estimates: Repairs will be performed on a time and materials basis in accordance with the cost
proposal. The Contractor shall provide written "Not to Exceed" estimates for all projects based on
the rates proposed herein. This estimate shall include the estimated num ber of man hours, fixed
hourly rate, estimated material, and equipment cost and completion date. It shall be the
Contractor's responsibility to ensure they have all information needed to prepare accurate
estimates. Contractor is responsible for all costs associated with integrating new equipment and
replacement parts into existing systems and obtaining the required performance from the system
into which these items are placed. Price shall include all labor, supervision, materials, equipment
and overhead based on proposed rates. Work shall only be performed with the City's written
authorization. Upon authorization, actual work shall not exceed the Contractors estimate.
Unreasonable estimates shall be deemed cause to terminate this contract.
b.Changes in Work: Should any changes in the specifications be required, the Contractor shall
submit to the City, in writing, a formal request for a change in the scope of work. Work shall not
proceed until approved by the City's Representative. In event of disagreement on the necessity of
such changes, the City's decision shall be final. The unit and lump sum prices to be paid shall be
full compensation for the items of work and all appurtenant work, including furnishing all
materials, labor, equipment, tools, and incidentals to provide a complete and finished piece of
work.
c.Lump Sum Prices: Items for which quantities are listed as “Lump Sum” or “LS” shall be paid at the
price listed in the bid. Such payment shall be full compensation for the items of work and all work
appurtenant thereto.
d.Labor: The fixed hourly rate shall be all-inclusive of all related costs that the Contractor will incur
to provide services on an as needed basis, including, but not limited to employee wages and
benefits; clerical support; overhead; profit; licensing; insurance; bonding; materials; supplies;
tools; equipment; telecommunications; document copying; etc. Labor-hours paid under this
contract shall be only for productive hours at the job site. Time spent for transportation of
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
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workers, material acquisition, handling, and delivery, or for movement of Contractor owned or
rental equipment is not chargeable directly but is overhead and the cost shall be included in the
hourly rate. The City shall accept no proposal with a minimum charge stipulated. Contractor must
have prior verbal and/or written approval to work outside normal business hours.
e.Materials: Contractor shall provide all necessary replacement parts and materials required to
successfully complete each individual work order. Material specifications shall be approved by the
Public Works Services Director or designated representative before being i ncorporated into the
work. All replacement parts, equipment and materials supplied by the Contractor shall be new,
undamaged, clean and in good condition. Replacement parts, equipment and materials shall be
the same make and model of existing unless substitution has been approved in writing by the
Public Works Services Director or designated representative. The markup for all parts, equipment
and materials shall be fifteen (15) percent. Copies of all supplier invoices for parts, equipment and
materials incorporated into the work shall be submitted with each request for payment.
f.Pricing shall be valid through June 30, 2025
4.15. INVOICES
a.The Contractor shall prepare a single monthly invoice for preventive maintenance that shows the
date, time, and location of every preventive maintenance check. Invoices for preventive
maintenance shall be submitted electronically to a City representative within fifteen (15) days
following the end of the month of the reporting period.
b.The contractor shall prepare a separate invoice for each reactive maintenance workorder. The
invoice shall include the date, time, location of service or repair, labor hours, labor rate, materials
cost and materials markup. Invoices for reactive maintenance shall be submitted electronically to
a City representative within fifteen (15) days following the end of the month the repair was
completed.
4.16. QUALITY ASSURANCE
a.Inspections: The Contractor shall guarantee all repairs and installations to pass all inspections
required by the City or applicable federal, state, and local laws, ordinances, codes, and regulations
in force at the time the services are rendered. Should any repair or installation made by the
Contractor, or their authorized subcontractor not pass an inspection, the Contractor shall make
all repairs necessary to ensure the repair or installation passes re -inspection at no additional cost
to the City.
b.Warranty: Contractor shall guarantee all work for a minimum period of one (1) year, plus any
period specified by a manufacturer beyond a year. The guarantee, including all equipment and
workmanship, shall be unconditional/without limitations, and shall become effec tive upon
acceptance of work.
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
4.17. EQUIPMENT SCHEDULE
CITY HALL 10500 Civic Center Drive, Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Liebert UPS #1 65 N Power N/A N/A
Battery Cabinet N/A N/A
East Penn
45HR2000 45HR2000 40
Battery Cabinet N/A N/A
East Penn
45HR2000 45HR2000 40
Liebert UPS #2 65 N Power N/A N/A
Battery Cabinet N/A N/A
East Penn
45HR2000 45HR2000 40
Battery Cabinet N/A N/A
East Penn
45HR2000 45HR2000 40
CULTURAL CENTER 12505 Cultural Center Drive, Rancho Cucamonga 91739
Description KVA Model Batteries
Battery
QTY
Meyers/Illuminato
r 10 6-E-5-S-BA2002 CSB TPL121000FR 24
Meyers/Illuminato
r 10 6-E-8-S-BA2002 CSB TPL121000FR 24
Meyers/Illuminato
r 50
1-D-10-S-C15001-
C3202-B5002-A2001 CSB TPL121000FR 60
Meyers/Illuminato
r 12.5 6-E-8-S-BA2005 CSB TPL121000FR 30
Meyers/Illuminato
r 24 2-D-7-S-A2006 CSB TPL121000FR 60
Meyers/Illuminato
r 5 6-E-5-S-BD2001 CSB TPL121000FR 12
Meyers/Illuminato
r 5 6-E-5-S-BD2002 CSB TPL121000FR 12
CENTRAL PARK 11200 Baseline Road, Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Liebert AP366 75 PW030H0900T3-VA N/A N/A
Battery Cabinet
#1 N/A N/A East Penn HR 4000 30
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #24/25-018
for
UPS Maintenance Services
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Page 24 of 35
Battery Cabinet
#2 N/A N/A East Penn HR 4000 30
LION CENTER 9191 Baseline Road, Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Best UPS 5.3 FE5.3 CSB HRL 12280 4
CORPORATE YARD FLEET SHOP 9153 9TH Street, Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Liebert UPS 12 Nfinity CSB HRL 1234 30
PUBLIC WORKS SERIVCE CENTER 8794 Lion Street, Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Meyers/Illuminato
r 10 2-D-4-S-A2008-F-T-S-A-2 CSB TPL121000FR 24
SPORTS CENTER 8303 Rochester Ave. Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Meyers/Illuminato
r 5 N/A Myers CG12105E 12
Meyers/Illuminato
r 5 N/A Myers CG12105E 12
ALL RISK TRAINING CENTER 11285 Jersey Blvd. Rancho Cucamonga, CA 91730
Description KVA Model Batteries
Battery
QTY
Liebert USA 80 EXM 12HX540-FR 48
VICTORIA GARDENS POLICE SUB-STATION 7743 Kew Avenue, Rancho Cucamonga, CA 91739
Description KVA Model Batteries
Battery
QTY
Powerare 5 9150 CSB HRL 1234 96
5.EVALUATION AND VENDOR SELECTION PROCESS
5.1. INITIAL SCREENING
All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those
RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will
proceed to the next phase of the evaluation process.
Docusign Envelope ID: CCAF95F0-F997-4736-8D00-DA770F134AFB