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Home My WebLink AboutCO 2025-117 - Generator Services Co Inc CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT GENERATOR SERVICES CO., INC. FOR GENERATOR MAINTENANCE AND REPAIR SERVICES (RFP 24/25-007) AWARD DATE: September 9, 2025 City of Rancho Cucamonga CONTRACT NUMBER 2025-117 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 5th day of March, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the Rancho Cucamonga Fire Protection District (“RCFPD”) and Generator Services Co, Inc., a Corporation (“Contractor”). RECITALS A. City and RCFPD have heretofore issued their request for proposals to perform the following services: Generator Maintenance and Repair (RFP 24/25-007) (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City and RCFPD desire to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor 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. Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engage Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to the maintenance, repair, troubleshooting and installation of generators; all as more fully set forth in RFP 24/25-007, attached hereto as Exhibit A, Contractor’s proposal, dated October 11, 2024 attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit B, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor 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 and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor 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 Contractor’s compensation based thereon. A revision pursuant to this Section that does Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 2 not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor 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 “N/A”. 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (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. Contractor represents that Contractor, 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 Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through June 30, 2030. 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 increments to a total of two (2) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost-of-living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside-San Bernardino-Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance with all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed Forty-Five Thousand Dollars ($45,000) for services during the City and RCFPD fiscal year ending June 30, 2026 and Four Hundred and Fifty Thousand Dollars ($450,000) over the duration of the contract effective through fiscal year ending June 30, 2030, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 3 RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD 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 Contractor be entitled to compensation for services not yet satisfactorily performed, or goods or products not yet received. 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 and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 3.2 Compensation Limit. Maintenance and Repair Services. If the Services include repair work, then the maximum compensation payable during the term of this Agreement, or any renewal term, for work consisting of “repair”, is the lower of $60,000, or the amount set forth in Section 3.1, above. See R.C.M.C Section 3.08.110.B. For avoidance of doubt, “maintenance” includes, but is not limited to, routine, recurring, and usual work for the preservation or protection of any City or RCFPD owned or operated facility for its intended purposes. “Repair” work includes, but is not limited to, non-routine, non-recurring, and/or work to maintain equipment or facilities that is unexpected, and may include replacement of equipment or components thereof. See California Public Contract Code Section 22002(d). It is Contractor’s responsibility to ensure that the cost of repair work performed and invoiced by Contractor does not exceed the foregoing limit. Contractor shall consult with City and RCFPD should Contractor have any question whether work is repair work prior to performing the same. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City and RCFPD 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. Repair work, if any, shall be specifically identified, including all charges related thereto. 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 and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD 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 Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City’s and RCFPD’s representative shall be Maritza Martinez, Public Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 4 Works Services Director, or such other person as designated in writing by the City and RCFPD (“City and RCFPD Representative”). It shall be Contractor’s responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Debbie Butler, Service Administrative Manager, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City and RCFPD to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’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 and RCFPD business license as required by the City’s Municipal Code. 6.2 Contractor 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 Contractor 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, Contractor 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 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor’s failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 5 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 Contractor 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 and RCFPD. Subject to the provisions of Section 14, upon payment being made, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD’s reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD 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. Contractor 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD’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. Contractor 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 and RCFPD’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 6 so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times, remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor’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 Contractor 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 Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor 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. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD 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 Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 7 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, 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 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and their elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City and/or RCFPD officials (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, liens, stop notices, defense costs or expenses (collectively, “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 Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD’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. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, 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 Contractor. 11.4 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 Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor 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 Contractor, and/or its agents, representatives, employees, or subcontractors. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 8 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, 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. 12.3 Minimum Limits of Insurance. Contractor 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 or other form 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) 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 coverages and limits 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD reserve 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 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 9 endorsement naming the City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and/or RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and/or RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and/or RCFPD officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’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) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and/or RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, 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. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 10 (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including 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 insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD 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 and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD 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 and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 11 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. In such event, complete ownership of all Work Product and related intellectual property rights shall immediately be deemed vested in, and/or otherwise assigned to, City and RCFPD as provided in Sections 7.1 and 7.2, whether or not full payment therefor has been made. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD 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 Contractor’s and City and RCFPD’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 and RCFPD: Maritza Martinez City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Debbie Butler, Service Administrative Manger Generator Services Co., Inc. 10255 Philadelphia Ct. Rancho Cucamonga, CA 91730 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor 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. Contractor 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. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s and RCFPD’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials Last Revised:8/15/24 Page 12 18.Compliance with Laws; Bonds. 18.1 Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 18.2 California Labor Code Compliance. If the Services consist of maintenance, repair, or any other work constituting a “public work” as defined in California Labor Code Sections 1720, et seq., and 1771, then Contractor shall comply with the Labor Code requirements set forth in Exhibit “D” attached hereto. 18.3 Payment and Performance Bonds. Payment Bond - Required Not required Performance Bond - Required Not required (1)If required in the RFP or other solicitation document, Contractor shall provide a payment bond and a performance bond in an amount not less than the total contract amount. Notwithstanding the foregoing, if the Services consist of repair work costing or expected to cost more than $25,000 during the term hereof, or any renewal term, then, pursuant to California Civil Code Section 9550, Contractor shall provide a payment bond in an amount not less than the total cost attributable to such repair work. (2)Contractor may be required to increase any required bond amount, or obtain a new bond, to reflect unanticipated increases in costs of the Services. (3)If the Services include maintenance and repair services, the total contract amount shall be utilized for determining the required bond amounts. (4)If one or more bonds are required, the bond forms shall be attached to this Agreement. (5)Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City and RCFPD. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City and RCFPD. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 13 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 and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD 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 in this Agreement, including attachments and exhibits, are hereby incorporated in this Agreement. In the event of any material discrepancy conflict 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 legal action relating to this Agreement shall be in the San Bernardino County Superior Court. 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 Contractor, and City and RCFPD. 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. 25. Time Is of the Essence. Time is of the essence in every provision of this Agreement. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 14 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Generator Services Co., Inc. By:__________________________________ Name Date _____________________________ Title City of Rancho Cucamonga By: Name Date By:___________________________________ Name Date _____________________________ Title (two signatures required if corporation) Rancho Cucamonga Fire Protection District By: Name Date Title Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 10/6/2025 | 8:57 AM PDT Service Administrative Manager Operations Manager 10/6/2025 | 9:16 AM PDT Fire Chief 10/6/2025 | 9:51 AM PDT Mayor/President 10/6/2025 | 3:24 PM PDT Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24 Page 15 ATTACHMENTS  Attachment A – Sample Additional Insured Endorsement, Ongoing Operations  Attachment B – Sample Additional Insured Endorsement, Completed Operations  Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 16 Attachment A – Sample Additional Insured Endorsement, Ongoing Operations Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 17 Attachment B – Sample Additional Insured Endorsement, Completed Operations Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 18 Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials Last Revised: 10/02/13 Page 19 SCOPE OF WORK Scope of Work Contents: Exhibit A – RFP 24/25-007 Exhibit B – Contractor’s proposal and unit cost, dated October 11, 2024 Exhibit C – California Labor Code Compliance Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 REQUEST FOR PROPOSAL (“RFP”) #24/25-007 FOR GENERATOR MAINTENANCE AND REPAIR SERVICES ON AN AS NEEDED BASIS City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Exhibit ADocusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 2 of 33 Table of Contents 1. OVERVIEW ............................................................................................................................................ 5 1.1. GENERAL BACKGROUND ............................................................................................................................. 5 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS ............................................................................................. 5 1.3. DISCREPANCIES OR OMISSIONS .................................................................................................................... 5 1.4. CONTINGENCIES ........................................................................................................................................ 6 1.5. QUESTIONS AND CLARIFICATIONS ................................................................................................................. 6 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................. 6 1.7. BRAND NAMES ......................................................................................................................................... 7 1.8. KNOWLEDGE OF REQUIREMENTS .................................................................................................................. 7 1.9. RESERVATION OF RIGHTS ............................................................................................................................ 7 1.10. CALIFORNIA'S PUBLIC RECORDS ACT ............................................................................................................. 8 2. MINIMUM REQUIREMENTS ................................................................................................................. 8 2.1. BUSINESS LICENSE ...................................................................................................................................... 8 2.2. PREVAILING WAGES ................................................................................................................................... 9 2.3. REPRESENTATIVES ...................................................................................................................................... 9 2.4. EMPLOYEE CONDUCT................................................................................................................................ 10 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS ........................................................... 10 3.1. COVER LETTER / INTRODUCTION ................................................................................................................ 11 3.2. TABLE OF CONTENTS ................................................................................................................................ 11 3.3. EXECUTIVE SUMMARY .............................................................................................................................. 11 3.4. EXPERIENCE ............................................................................................................................................ 11 3.5. THIRD-PARTY / SUBCONTRACTORS ............................................................................................................. 12 3.6. STAFF BIOGRAPHIES ................................................................................................................................. 12 3.7. PROPOSAL RESPONSE ............................................................................................................................... 12 3.8. EXHIBITS A THROUGH H ............................................................................................................................ 12 3.9. NON-DISCLOSURE CONFLICT OF INTEREST .................................................................................................... 12 3.10. PROFESSIONAL SERVICE AGREEMENT .......................................................................................................... 13 3.11. ACKNOWLEDGEMENT OF INSURANCE .......................................................................................................... 13 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 3 of 33 3.12. ADDENDUM ACKNOWLEDGEMENT .............................................................................................................. 13 3.13. DEBARMENT AND SUSPENSION .................................................................................................................. 13 3.14. PARTICIPATION CLAUSE ............................................................................................................................ 14 3.15. SIGNATURE OF AUTHORITY ........................................................................................................................ 14 3.16. COMPANY REFERENCES............................................................................................................................. 14 3.17. LINE ITEM PRICING ................................................................................................................................... 14 4.SCOPE OF WORK ................................................................................................................................. 15 4.1. GENERAL INFORMATION ........................................................................................................................... 15 4.2. Location of Work ................................................................................................................................ 15 4.3. Working Hours .................................................................................................................................... 15 4.4. Response Time ................................................................................................................................... 15 4.5. Contractor Requirements .................................................................................................................. 15 4.6. Computerized Workorder Management System .............................................................................. 16 4.7. Equipment Schedule .......................................................................................................................... 16 4.8. Preventive Maintenance Schedule .................................................................................................... 19 4.9. Pricing ................................................................................................................................................. 19 4.9.1. Unit and Lump Sum Prices ................................................................................................................. 19 4.9.2. Estimates ............................................................................................................................................ 19 4.9.3. Changes in Work ................................................................................................................................. 19 4.9.4. Invoices ............................................................................................................................................... 20 4.9.5. Quality Assurance............................................................................................................................... 21 5.EVALUATION AND CONTRACTOR SELECTION PROCESS ........................................................................ 22 5.1. INITIAL SCREENING ................................................................................................................................... 22 5.2. EVALUATION ACTIVITIES ........................................................................................................................... 22 5.3. COST EVALUATION ................................................................................................................................... 23 5.4. REFERENCE CHECKS .................................................................................................................................. 23 5.5. DEMONSTRATIONS/ INTERVIEWS ............................................................................................................... 23 5.6. FINANCIAL DOCUMENTATION .................................................................................................................... 23 5.7. BEST AND FINAL OFFER ............................................................................................................................. 24 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 4 of 33 5.8. CONTRACTOR SELECTION .......................................................................................................................... 24 5.9. LETTER OF INTENT TO AWARD .................................................................................................................... 24 “EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” ........ 25 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” ............................................. 26 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” .................................................................................... 27 “EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” ....................................................................................... 28 “EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM” ............................................................ 29 “EXHIBIT F, PARTICIPATION CLAUSE” ......................................................................................................... 30 “EXHIBIT G, SIGNATURE OF AUTHORITY” ................................................................................................... 31 “EXHIBIT H” REFERENCES WORKSHEET ...................................................................................................... 32 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 5 of 33 1.OVERVIEW 1.1. GENERAL BACKGROUND The City and RCFPD of Rancho Cucamonga (hereinafter “City”) and the Rancho Cucamonga Fire Protection District (hereinafter “RCFPD”) is inviting qualified Contractor (hereinafter “Contractor”) to submit a proposal response for Request for Proposals (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis in accordance with the minimum Scope of Services and Specifications indicated herein. Contractors wishing to participate in the RFP solicitation must be registered as a Contractor on Planet Bids through The City and RCFPD website at https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Contractors will be accepted. Responses must be submitted by the named Contractor that has downloaded the RFP, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Contractors. Submitting a response under a Contractor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City and RCFPD and RCFPD shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP September 26, 2024 Questions Due October 22, 2024, 9:00 am Addendum Issued October 28, 2024 RFP Response Due Date November 19, 2024, 9:00 am (The City and RCFPD reserves the right to change schedule of events without prior notice or responsibility to Contractor.) 1.3. DISCREPANCIES OR OMISSIONS Contractors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City and Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 6 of 33 RCFPD and RCFPD bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 1.4. CONTINGENCIES This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should The City and RCFPD and RCFPD decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Contractors must submit signed RFP responses by the due date and time as specified herein. Contractors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, The City and RCFPD and RCFPD reserves the right to reject the response and re-bid the RFP. Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after The City and RCFPD and RCFPD has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through The City and RCFPD’s bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from The City and RCFPD and RCFPD’s bid system in accordance with the above “Schedule of Events”. From the issuance date of this RFP until a Contractor is awarded, Contractors are not permitted to communicate with any City and RCFPD staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, Procurement Manager, the designated representative of The City and RCFPD of Rancho Cucamonga. 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of The City and RCFPD and RCFPD and will be returned only at The City and RCFPD and RCFPD’s option and at the expense of the Contractor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Contractor considers as confidential but does not meet the disclosure exemption Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 7 of 33 requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise. 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFP responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFP response clearly describes the article offered and how it differs from the referenced brand. Unless a Contractor specifies otherwise, it is understood that the Contractor is offering a referenced brand item as specified in the solicitation. The City and RCFPD reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and The City and RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Contractor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Contractor’s sole risk. Contractors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City and RCFPD issued clarifications, modifications, amendments, or addenda. The City and RCFPD will provide notice of any changes and clarifications to perspective Contractors by way of addenda to Planet Bids; however, it is the Contractor’s responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by The City and RCFPD that any contract will be entered by The City and RCFPD. The City and RCFPD expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City and RCFPD recognizes that price is only one of several criteria to be used in judging a product or service, and The City and RCFPD is not legally bound to accept the lowest RFP response. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 8 of 33 • The City and RCFPD reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Contractors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City and RCFPD reserves the right to inspect the Contractor’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Contractor’s capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City and RCFPD complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City and RCFPD 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City and RCFPD or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary, or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City and RCFPD shall make a final determination if any exemption exists for the City and RCFPD to deny the request and prevent disclosure. The City and RCFPD will withhold such information from public disclosure under the Public Records Act only if the City and RCFPD determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Contractor awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Contractor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 9 of 33 2.2. PREVAILING WAGES Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis-Bacon Act, a selected Contractor(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases, an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City and RCFPD makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP. 2.3. REPRESENTATIVES Should a selected Contractor require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Contractor will not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof. Any attempt by the awarded Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Contractor’s subcontractor. All Services shall be performed by the awarded Contractor or under the awarded Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Contractor 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, Contractor 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. In case of default by the Contractor, the City and RCFPD may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Contractor, or may bill for excess costs so paid, and the prices paid by the City and RCFPD shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Contractors for delivery, which do not meet specifications, will be for the account of the Contractor. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 10 of 33 City and RCFPD Representative: For the purposes of this Agreement, the contract administrator and City and RCFPD’s representative shall be__________________, or such other person as designated in writing by City and RCFPD (“City and RCFPD ’s Representative”). It shall be the Contractor’s responsibility to assure that City and RCFPD ’s Representative is kept informed of the progress of the performance of the services, and the Contractor shall refer any decisions that must be made by City and RCFPD to City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. Contractor Representative: The response to this RFP shall designate the representative of the Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability, and reputation of the Contractor’s Representative will be a substantial inducement for City and RCFPD to enter into an Agreement with the Contractor. Therefore, the Contractor’s Representative shall be responsible during the term of any Agreement for directing all activities of Contractor and devoting enough time to personally supervise the services hereunder. The successful Contractor may not change the Contractor’s Representative without the prior written approval of City and RCFPD ’s Representative. 2.4. EMPLOYEE CONDUCT All Contractor personnel must observe all City and RCFPD regulations in effect at the location where the Services are being conducted. While on City and RCFPD property, the Contractor’s personnel shall be subject to oversight by City and RCFPD staff. Under no circumstances shall the Contractor’s or Contractor’s sub-contractor personnel be deemed as employees of the City and RCFPD. Contractor or Contractor’s subcontractor personnel shall not represent themselves to be employees of the City and RCFPD. Contractor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and RCFPD and City and RCFPD employees. The Contractor's personnel shall be required to work in a pleasant and professional manner with City and RCFPD employees, outside Contractors, and the public. Nothing contained in this RFP shall be construed as granting the Contractor the sole right to supply personal or contractual services required by the City and RCFPD or without the proper City and RCFPD approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Contractors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 11 of 33 will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City and RCFPD reserves the right to discard the response, re-bid or proceed with an RFP review and negotiations. RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. 3.1. COVER LETTER / INTRODUCTION RFP responses must include the complete name and address of Contractor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Contractors ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Contractor’s RFP response to provide the Evaluation Committee with a broad understanding of the Contractor’s approach, proposal, experience, and staffing. 3.4. EXPERIENCE The Contractor shall provide a concise statement demonstrating the Contractor’s qualifications, experience, expertise, and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm’s service commitment to customers, • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 12 of 33 3.5. THIRD-PARTY / SUBCONTRACTORS If the Contractor intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Contractors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Contractor’s experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City and RCFPD. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations, and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Under this section Contractors shall provide a full, detailed response to The City and RCFPD ’s Scope of Services listed herein. Contractors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability, and qualifications to complete the services needed. 3.8. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G. Failure to comply with this instruction will deem your RFP submittal as non-responsive. 3.9. NON-DISCLOSURE CONFLICT OF INTEREST Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 13 of 33 Specify any possible conflicts of interest with your current clients or staff members and the City and RCFPD. A signed “Exhibit A, Conflict of Interest and Non-Disclosure Agreement” included herein must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City and RCFPD ’s Terms and Conditions, the successful Contractor will be required to enter into a Professional Services Agreement (“PSA”) with the City and RCFPD, a “Sample” of which is attached in the City and RCFPD ’s bid system for review. All requirements of said PSA must be completed by the successful Contractor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Contractor will be deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services Agreement Exceptions Summary” and the City and RCFPD agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab “Exhibits A – G”. 3.11. ACKNOWLEDGEMENT OF INSURANCE Contractors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The awarded Contractor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Contractor, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.12. ADDENDUM ACKNOWLEDGEMENT The Contractor shall hereby acknowledge they have received all posted Addendums, if any. It is the Contractor’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Contractors must indicate their acknowledgement of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.13. DEBARMENT AND SUSPENSION Bidding Contractors must verify by way of signature to “Exhibit E, Contractor Certification Form” that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 14 of 33 the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Contractor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.14. PARTICIPATION CLAUSE Contractors shall provide a completed “Exhibit F, Participation Clause”, must be submitted under the Planet Bid Response Types, Exhibits A – G. This will indicate a Contractors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. 3.15. SIGNATURE OF AUTHORITY “Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Contractor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Contractors RFP response is accepted, Contractor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Contractors RFP response. 3.16. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. “Exhibit H, Reference Worksheet”, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Response Type, Exhibit H” in Planet Bids. 3.17. 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. Contractor’s 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 Contractors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 15 of 33 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 WORK 4.1. GENERAL INFORMATION Work will include, but is not limited to, the maintenance, repair, troubleshooting and installation of the following: to include checking fluid levels: coolant, oil and fuel; run generator and remedy any alerts; inspect batteries and charging system; check hoses and belts for wear; check block heaters; remove water and sediment from fuel tank if necessary; change fluids and filters: oil, coolant, air and fuel; check ignition caps, rotors and ignition wires and replace spark plugs; engine running checks to include coolant temperature, RPM, Hertz, AC voltage recondition diesel fuel if necessary; service external components including alternator and transfer switch; load test generator if necessary; clean area around generator; inspect generator enclosure; ensure generator is set to “auto”), repair, and troubleshooting of the following: See 4.7 Equipment schedule. 4.2. 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. 4.3. Working Hours a. Regular working hours are the City and RCFPD's normal business hours, 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized by the City and RCFPD. 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 and RCFPD 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. 4.4. 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 and RCFPD. b. Contractor shall be on site with all necessary labor, material, tools, and notification by the City and RCFPD. equipment necessary to provide non-emergency services within (24) hours of 4.5. Contractor Requirements Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 16 of 33 a. Contractor’s employees shall always be 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 unqualified 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 and RCFPD’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 followed at all times for the protection of life and equipment. g. All work shall be performed according to the standards of the generator services industry and to the complete satisfaction of the City and RCFPD 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. j. Contractor must have ability to move/transport city owned generators up to 500 KVA within 24 hours of notice. 4.6. Computerized Workorder Management System a. the City and RCFPD 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 and RCFPD. 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 and RCFPD. 4.7. Equipment Schedule Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 17 of 33 Equipment Location Manufacturer Model Size (KW) Qty Civic Center 10500 Civic Center Drive Rancho Cucamonga CA, 91730 Victoria Gardens Police Department 7743 Kew Ave. Rancho Cucamonga, CA 91730 Cummins DGDG-5670109 125 1 Victoria Gardens Cultural Center Parking Structures 12455 Cultural Center Drive Rancho Cucamonga CA 91739 Cummins DGGD-5673585 35 2 Victoria Gardens Cultural Center 12505 Cultural Center Drive Rancho Cucamonga 91730 Generac 92AO2678-S 8 1 Animal Care Facility 11780 Arrow Route Rancho Cucamonga CA 91730 Generac SD600 600 1 RC Sports Center 8303 Rochester Ave. Rancho Cucamonga CA 91730 Kohler 500REOZJB 500 1 RC Sports Complex 8408 Rochester Ave. Rancho Cucamonga CA 91730 Kohler 30ROZJ71 35 1 Public Works Service Center 8794 Lion Street Rancho Cucamonga CA 91730 NLPK 1 NLPK 1 Honda EU 2000I 2 KVA 8 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 18 of 33 Fire Station 171 6627 Amethyst Street Rancho Cucamonga CA 91737 Olympian D100P4-1 100 1 Fire Station 172 / Public Safety Facility 8870 San Bernardino Road Rancho Cucamonga CA 91730 Generac SD350 350 1 Fire Station 173 12270 Firehouse Court Rancho Cucamonga CA 91739 Cummins DQAF-5692443 300 1 Fire Station 174 / Training Facility 11285 Jersey Blvd. Rancho Cucamonga CA 91730 Generac SDO175 175 2 Fire Mechanic's Shop 11285 Jersey Blvd. Rancho Cucamonga CA 91730 Generac 1512010200 400 1 Fire Station 175 11108 Banyan Street Rancho Cucamonga CA 91737 Kohler 100ROZJ81 100 1 Fire Station 176 5840 East Ave. Rancho Cucamonga CA 91739 Kohler 80REOZJB 80 1 Fire Station 177 9270 Rancho Street Rancho Cucamonga CA 91737 Cummins DSHAC- 7266801 200 1 Fire Station 178 10595 Town Center Dr Rancho Cucamonga CA 91730 Triton TP-S352-T4F- 60 352 KW 1 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 19 of 33 4.8. Preventive Maintenance Schedule a. Preventive maintenance shall be performed annually in the month of July for all generators at the above listed locations. Preventive maintenance performed in accordance with equipment manufacturers recommendations, including but not limited to checking fluid levels; coolant, oil and fuel; run generator and remedy any alerts; inspect batteries and charging system; check hoses and belts for wear; check block heaters; remove water and sediment from fuel tank if necessary; change fluids and filters; oil, coolant, air and fuel; check ignition caps, rotors and ignition wires and replace spark plugs; engine running checks to include coolant temperature, RPM, Hertz, AC voltage; recondition diesel fuel if necessary; service external components including alternator and transfer switch; load test generator if necessary; clean area around generator; inspect generator enclosure; ensure generator is set to “auto”. 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. 4.9. Pricing 4.9.1. Unit and Lump Sum Prices 4.9.2. 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 number 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 and RCFPD's written authorization. Upon authorization, actual work shall not exceed the Contractors estimate. Unreasonable estimates shall be deemed cause to terminate this contract. 4.9.3. Changes in Work Should any changes in the specifications be required, the Contractor shall submit to the City and RCFPD, in writing, a formal request for a change in the scope of work. Work shall not proceed until approved by the City and RCFPD's Representative. In event of disagreement on the necessity of such changes, the City and RCFPD's decision shall be final. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 20 of 33 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. a. 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. b. 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 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 and RCFPD shall accept no proposal with a minimum charge stipulated. Contractor must have prior verbal and/or written approval to work outside normal business hours. c. 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 incorporated 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. d. Pricing shall be valid through June 30, 2025. 4.9.4. 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 to City within fifteen (15) days following the end of the month of the reporting period. Invoices shall be submitted by electronic form to a designated City employee. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 21 of 33 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 City within fifteen (15) days following the end of the month the repair was completed. 4.9.5. Quality Assurance a. Inspections The Contractor shall guarantee all repairs and installations to pass all inspections required by the City and RCFPD 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 and RCFPD. 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 effective upon acceptance of work. Compensation Limit. Maintenance and Repair Services. If the Services include repair work, then the maximum compensation payable during the term of this Agreement, or any renewal term, for work consisting of “repair”, is the lower of $60,000, or the amount set forth in Section 3.1, above. See R.C.M.C Section 3.08.110.B. For avoidance of doubt, “maintenance” includes, but is not limited to, routine, recurring, and usual work for the preservation or protection of any City or RCFPD owned or operated facility for its intended purposes. “Repair” work includes, but is not limited to, non-routine, non-recurring, and/or work to maintain equipment or facilities that is unexpected and may include replacement of equipment or components thereof. See California Public Contract Code Section 22002(d). It is Contractor’s responsibility to ensure that the cost of repair work performed and invoiced by Contractor does not exceed the foregoing limit. Contractor shall consult with City and RCFPD should Contractor have any question whether work is repair work prior to performing the same. Payment and Performance Bonds. Contractor shall provide a payment bond and a performance bond in an amount not less than the total contract amount. Notwithstanding the foregoing, if the Services consist of repair work costing or expected to cost more than $25,000 during the term hereof, or any renewal term, then, pursuant to California Civil Code Section 9550, Contractor shall provide a payment bond in an amount not less than the total cost attributable to such repair work. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 22 of 33 (1) Contractor may be required to increase any required bond amount, or obtain a new bond, to reflect unanticipated increases in costs of the Services. (2) If the Services include maintenance and repair services, the total contract amount shall be utilized for determining the required bond amounts. (3) If one or more bonds are required, the bond forms shall be attached to this Agreement. (4) Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City and RCFPD. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City and RCFPD. 5. EVALUATION AND CONTRACTOR 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. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of zero (0) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: Criteria Criteria Description Assigned Percentage Contractor Expertise 25% Quality of proposed services or goods 20% Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 23 of 33 Extent to which the Contractors services or goods meet The City and RCFPD ’s needs 40% Cost 15% 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Contractor’s reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Contractors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Contractor ranking. Evaluators do not see the Contractor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City and RCFPD ’s budgeted amount or Not-to-Exceed amount for the project. 5.5. DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only, if necessary, selected top ranked Contractors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Contractor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Contractors that proceed to the short-list may be required to submit financial documentation as proof of its firm’s financial stability and strength. A financial review will be conducted by the City and RCFPD Finance Department. Should a Contractor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Contractor on the short-list: Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 24 of 33 • A copy of the Contractor’s most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Contractor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Contractor. • Indicate all applicable information regarding Contractor ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Contractor presentations, the City and RCFPD reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Contractors. At which time the City and RCFPD may request a Best and Final Offer to be submitted from one or all finalists. 5.8. CONTRACTOR SELECTION The final Contractor selection is based on which Contractor is the most responsive, meeting the City and RCFPD ’s requirements, offering the best value at the most competitive price. The City and RCFPD is not obligated to award to the lowest price proposal. The City and RCFPD may conduct negotiations with several Contractors simultaneously. The City and RCFPD may also negotiate contract terms with the selected Contractors prior to award. The City and RCFPD, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City and RCFPD. 5.9. LETTER OF INTENT TO AWARD After a final Contractor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Contractors. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Contractor or withdraw the RFP entirely. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 25 of 33 “EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” It is the policy of the City and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements (“PSA”) with potential Contractors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. ______________________________________ (Print Name) ______________________________________ (Relationship to the City and RCFPD) ______________________________________ (Relationship to the Contractors) ______________________________________ (Signature) ______________________________________ (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 26 of 33 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” Mark the appropriate choice, below: _____ Contractors accepts the PSA without exception. OR _____ Contractors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Contractors’ rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 27 of 33 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” I, _______________________________ the ______________________________________________ (President, Secretary, Manager, Owner or Representative) of __________________________________________________________________, certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis have been read and understood and that our Contractors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 28 of 33 “EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” The Contractors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Contractors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Contractors’ responsibility to log into the Bid System to identify and download the number of addenda that have been posted. •__________________ •__________________ •__________________ •__________________ ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 29 of 33 “EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM” I certify that neither _____________________________ (Contractor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Contractor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Contractors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Contractors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. ___________________________________ Signature ___________________________________ Printed Name ___________________________________ Title ___________________________________ Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 30 of 33 “EXHIBIT F, PARTICIPATION CLAUSE” It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of ________ days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy-back awards will be made independently by each agency, and the City and RCFPD is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Contractors. Successful Contractors will extend prices as proposed herein to other governmental agencies, please specify. YES __________ NO _________ Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 31 of 33 “EXHIBIT G, SIGNATURE OF AUTHORITY” The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE CONTRACTOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: (Street, Su. # City, State, Zip) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 32 of 33 “EXHIBIT H” REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark “See Attached”. Provide a minimum of four (4) clients that are similar in size to the City and RCFPD of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 The City and RCFPD of Rancho Cucamonga Request for Proposal (“RFP”) #24/25-007 for Generator Maintenance and Repair Services On An As Needed Basis __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 33 of 33 Reference 3 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 4 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H. Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Exhibit B 10/11/24 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 20 EXHIBIT C CALIFORNIA LABOR CODE COMPLIANCE 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agencies, City and RCFPD (collectively “City” in this Exhibit), and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm . Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by Contractor or by any subcontractor under Contractor, in violation of the provisions of this Agreement. 3. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771.1(a)]. 4. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 21 Section 1776 by itself and all of its subcontractors. The Contractor shall post job site notices, as prescribed by regulation. 5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing the Agreement to which this Exhibit is attached, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Docusign Envelope ID: F0092CA0-898B-4DF6-9196-E1A1549B6534