IFB___A241013705_-_Addendum_2.pdf

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

November 4, 2024

Subject: IFB #A241013705, Generator Maintenance and Emergency Repairs, Addendum #2

Notice to Prospective Bidders:

The California Governor’s Office of Emergency Services (Cal OES) is releasing the attached Addendum #2 to IFB #A241013705, Generator Maintenance and Emergency Repairs

This Addendum #1 incorporates the following changes:

Updates the following on Exhibit A, Statement of Work:

o Section 1, Objective. Revises number of sites from 20 to 22.

o Section 5, Project Tasks and Deliverables. Adds line items # 23 and

# 24 to Table 1: Generators.

Updates the following on Exhibit B-1, Cost-Sheet:

o Revised line items # 22 - 24 o Added line items # 25 - 26

Instructions: All other sections of the IFB remain the same. Please replace the originally released sections with those noted as Addendum #2 in their entirety.

If you have any questions, or require clarification of the information contained herein, please contact Jairo Turnil at (916) 845-8932 or email at Jairo.Turnil@caloes.ca.gov. Please note, no verbal information given will be binding upon Cal OES, unless such information is issued in writing as an official addendum.

Sincerely, Jairo Turnil California Governor’s Office of Emergency Services Purchasing Division, Contracts Unit

California Governor’s Office of Emergency Services TBD Generator Maintenance and Emergency Repairs

Agreement No. A241013705

EXHIBIT A

STATEMENT OF WORK (SOW)

GENERATOR MAINTENANCE AND EMERGENCY REPAIRS

1. OBJECTIVE

The California Governor's Office of Emergency Services (Cal OES), Public Safety Communications (PSC), hereby referred to as the Cal OES, requires generator maintenance and twenty-four-seven (twenty-four hours a day, seven days a week) emergency repair services at twenty-two (20 22) PSC sites throughout California. The Contractor agrees to furnish all labor, materials, tools, and equipment to provide regularly scheduled maintenance services on the specified emergency standby generators.

The Contractor services include auxiliary equipment installation and services associated with the generator in support of a Public Safety Power Shut Off or other event creating an outage.

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be from December 1, 2024, or upon approval, whichever is later, through November 30, 2027, with the option of an increased amount, no more than $TBD, at the original rates evaluated and considered.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Contractor may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by California Public Contract Code, section 100 et seq, and the California State Contracting Manual, Volume 1.

3. BUDGETED AMOUNT

The initial award of this Agreement shall not exceed $TBD and there is no obligation on the Cal OES's part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

Agreement No. A241013705

4. QUALIFICATIONS

A. Minimum Qualifications

i. At least five (5) years of verifiable work experience servicing generators or

ii. Verifiable proof of completion a programmed course of instruction on servicing generators

B. Mandatory Qualifications

i. Contractor must possess and maintain a current and valid C-10 license issued by the California Department of Consumer Affairs, Contractors State License Board.

ii. All licenses and permits required by policy or law to perform work during the term of this contract.

5. PROJECT TASKS AND DELIVERABLES

Preventative maintenance applies and includes future generator upgrade models at the listed in Table 1: Generators. The Contractor will be responsible for auxiliary equipment associated with the generator.

Preventative maintenance shall be scheduled between the hours of 0700-1600. All scheduling of this work is subject to the approval of the Contract Manager. All costs associated with preventative maintenance (labor and parts) are to be included in the Quarterly-Annual preventative maintenance cost.

The Contractor must perform project tasks and deliverables including, but not limited to, the following:

A. Installation and maintenance of the fuel tank monitors, including but not limited to, any additional materials required for the installation.

B. Install and maintain devices per manufacture specifications.

C. Test the unit with the Network Operations Center (NOC).

D. Maintenance and service for fuel tank monitors as needed.

The emergency standby generators to be maintained are located at the locations listed below:

Agreement No. A241013705

Table 1: Generators

ID Description Location

1 Kohler lO0REOZJD 100 KW (4.5 Liter John Deer Powered) (*)

111 Bercut Dr.

Sacramento, CA 95811

2 Elliot Magneteck, Model 150

KW M/N -

150ORD S/N BT12J884 (*)

601 Sequoia Pacific Blvd.

Sacramento, CA 95811

3 Generac 250 KW M/N 9472419100 S/N (*)

2096948

630 Sequoia Pacific Blvd.

Sacramento, CA 95811

4 Generac 100 KW M/N96A04422-5 (*)

Vina Helitack Base, California

5 Generac 30 KW Generator w/Mazda Diesel Engine 3.0L S/N 2030046 (*)

Mt. Diablo (Contra Costa)

6 Kohler 100 RZG w/ Kohler Transfer Switch (*)

Santiago Peak (West)

7 Kohler 45RZG, S/N 0699875 Spec# GM13685-

GAG with Kohler Transfer Switch (*)

Oat Mountain (Los Angeles)- Nike

8 Cummins C25 N6 (*) Leek Spring Hill (El Dorado County)

10 Onan 20 KW M/N GG02- 11635227 S/N H160983245 (*)

Round Mountain (Kern County)

11 TBD Topaz MTN (Douglas)

12 TBD Tejon Peak (Los Angeles)

13 Portable Generac TG1: Santa Rosa Ridgeway

Agreement No. A241013705

14 Portable Generac TG2 601 Sequoia Pacific Blvd.

Sacramento, CA 95811

15 Portable Generac TG3: 493 East Line St.

Bishop, CA 93514

16 Portable Generac TG4 1260 E. Locust St.

Ontario, CA 91761-4547

17 Portable Generac TG5: 812 Fiero Lane, Unit A San Luis Obispo, CA 93401

18 Portable Generac TG6 Tejon Peak

19 Portable Generac TG7: 2508 N. Business Park Ave.

Fresno, CA 93727-8636

20 Portable Generac TG8: MT. Diablo

21 Portable Generac TG9 601 Sequoia Pacific Blvd.

Sacramento, CA 95811

22 Portable Generac TG10: 2466 Progress Dr.

Redding, CA 96001

23 Kohler Model 30REOZK w/ Transfer Switch

600 N Fifth St., Sacramento, CA.

95811

24 Kohler Model 30REOZK w/ Transfer Switch

650 N Fifth St., Sacramento, CA.

95811

*Generator make and model are subject to change due to upgrades.

E. Preventative Maintenance

i. Preventative maintenance services consist of, but are not limited to, inspections, testing, and replacement of parts and engine fluids of the Cal OES emergency standby generators (Attachment 1 - Preventative Maintenance Equipment List).

ii. In all cases, it shall be the responsibility of the Contractor to provide and install such consumables as may be required for routine maintenance procedures as defined by the various equipment manufacturers, including, but not limited to, gaskets, seals, oils, coolants, filters, and other items required during the course of the preventative maintenance procedures. This does not apply to remedial repairs, as defined below.

F. Emergency/Remedial Repair Service

i. The Contractor shall provide any necessary emergency repairs upon request of the State's Project Representative. Emergency repair service provided shall

Agreement No. A241013705 be completed the same working day, unless written notification of delay is submitted to the Project Representative immediately upon diagnosis of equipment deficiency. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section specified herein. The cost for parts and repairs will be based the Cost Sheet, Exhibit B-1.

ii. In the event the Contractor, in the course of performing routine preventative maintenance services, should become aware of inoperable or malfunctioning equipment, it shall be the responsibility of the Contractor to immediately report findings verbally to the State’s Project Representative. The Contractor shall submit a written report, along with recommended repairs, to the Project Representative within twenty-four (24) hours of the findings. The Contractor shall repair such equipment, upon receiving the approval of the Project Representative. The cost for such remedial repair shall be on a time and material basis and shall not exceed those labor and material rates as provided in the Cost Sheet, Exhibit B-1.

G. Parts Replacement

i. This Agreement will include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment's operability in any way. A manufacturer's published price list for the parts shall be submitted with the Contractor's invoice to the State. The Contractor must notify the Project Representative prior to ordering and/or installing the part. A written estimate of the required part(s) must be submitted to the Project Representative and approved before replacement. All replacement parts will be invoiced at the listed rates, which shall include the agreed upon discount reflected in the Cost Sheet, Exhibit B-1, plus sales tax.

ii. Parts replaced by the Contractor under this agreement shall be new, factory manufactured, or of equivalent quality and must meet the industry standards.

All parts replaced will be subject to price verification by the Cal OES.

H. Scheduled Services

The Contractor shall perform on a quarterly basis the following services on the emergency standby generators described in Attachment 1 - Preventative Maintenance Equipment List with qualified service technicians as follows:

i. Maximum of four (4) scheduled services with a minimum of not less than three (3): July, October, January, and April. Number of services to be based on location and accessibility due to weather, road, and environmental conditions.

ii. All Preventative Maintenance Equipment Checklists (Attachment 2) shall be signed, dated, and returned with service invoice before payment will be

Agreement No. A241013705 made. Additionally, all procedures whether they apply or not, shall be checked off and dated.

iii. Services shall be performed between 0700 and 1600 hours PT and with a minimum of inconvenience to the on-site personnel. Any down time required for these services shall be scheduled well in advance. Copies of service reports shall be forwarded to the State Contract Manger for review and record keeping.

iv. Readings from the generator's hour meter shall be logged during each site visit on the Preventative Maintenance Checklists (see Attachment 2, Preventative Maintenance Equipment Checklists #1 through #7). This applies to load testing, preventative maintenance (PM), and any remedial repairs.

I. Service Affecting Repair

i. Should it become necessary to remove or repair a component related to the above described equipment, which causes the equipment to be inoperable for more than a six (6) hour time period, the Contractor shall furnish and install, at the Contractor’s cost, a temporary emergency standby generator for the time involved upon approval from a designated representative.

J. Service Level

Service Level is a quarterly inspection and preventative maintenance performed by an authorized technician as follows:

i. Inspect the generator for overall integrity of the unit, e.g., weatherproofing of the housing, condition of the painted surfaces, anchoring, etc.

ii. Inspect the fuel system for leaks and air gaps

iii. Inspect the exhaust system for noise levels and exhaust leaks

iv. Check and adjust all liquid levels

v. Inspect all belts and hoses

vi. Replace the fuel filter and the oil filters, perform an oil sample sediment test, clean the crankcase breather and change the oil

vii. Check all engine safety control and switches

viii. Lubricate the generator bearings

ix. Vacuum and clean all control panels

Agreement No. A241013705

x. Replace engine coolant conditioner, fuel filter, oil filters, oil, and all gaskets and seals made unusable during the service

xi. Condition diesel fuel with additives when necessary

xii. Perform Load Bank Test –

xiii. Complete the checklist and submit with invoice.

xiv. Defined: The performance of a load test on electrical equipment, as required in the maintenance plan, is taken to mean the temporary installation of a resistive load bank on the apparatus simulating a load. The various amperages and durations shall conform to the manufacturer's recommendations for such a test.

xv. The test is to be performed by Original Manufacturer (OEM) trained technicians only, and coordinated closely with the State to avoid disruption service at critical times. Results of the tests shall be documented and incorporated in the periodic reports to the State.

xvi. Particular attention will be paid to the inspection of the engine controls and generator control panel for functional operation. The starting system and overall operation of the engine and generator will be performed, monitored, and logged in the report. This shall include functional voltage levels for all phases. Gaskets and seals made unusable during the inspection shall be replaced with new equivalent parts.

K. Generator

i. The Generator Exerciser Module in the Automatic Transfer Switch shall be set to run the generator on a quarterly basis for a minimum of twenty (20) minutes under "No Load Transfer" function. Time of day for such exercising shall be at the discretion of the State.

L. Automatic Transfer Switch

i. Maintenance of the Automatic Transfer Switch shall be performed in accordance with the provisions set forth in Caterpillar publications SEBU6234 Operation and Maintenance Manual (July, 1988) for contractor type switches.

The plan described below is intended to conform to this publication and coordinate with the overall environmental equipment maintenance plan.

M. Frequency

i. The Automatic Transfer Switch shall be serviced on a concurrent basis with each scheduled Preventative Maintenance Service.

Agreement No. A241013705

N. Scheduled Services

i. The Automatic Transfer Switch (ATS) shall be visually inspected for loose electrical connections both at the control devices and the load cables.

Terminals and insulation shall be inspected for arcing, burning, hot spots, charring and other damage. If any of these are found, the affected components should be removed and replaced.

ii. The internal mechanisms of the ATS were lubricated at the factory. No further lubrication is necessary. Parts which are replaced should be lubricated upon installation. Controls, gauges, indicator lights, and switches will be checked for safe operation.

iii. The programmable logic control circuit board utilizes a nine (9)-volt battery to operate its exercise timer during the brief period of time when the load terminals are disconnected from both power sources. Per the manufacturer's recommendation, the battery will be replaced once a year during the service.

O. Contractor Personnel

i. The Contractor agrees to provide two (2) employees who are familiar with all the State equipment maintained in this contract. The Contractor must provide the names of the employees and subcontractors prior to the commencement of the contract and the State's Facilities Manager must approve the employees/subcontractors. In the event of nonperformance, as determined by the State Facility Manager, the Contractor will replace the employee(s) or subcontractor assigned to this facility as requested.

P. On Site Log

The Contractor will provide and maintain an on-site log in which the Contractor's service personnel will log the date, time, and a narrative describing what was done on each service visit by said personnel.

i. Log entries are to be completed prior to service personnel leaving site.

ii. Invoices shall not be substituted as entries.

iii. Log must be updated prior to any payments made to the Contractor.

Q. Emergency Standby Generators

i. Preventative maintenance of the emergency standby generators consists of inspecting, testing, repairing, and replacing all items specified in the eight (8) attached Preventative Maintenance Check Lists (Exhibit G) and all tasks and services herein, shall be performed in accordance with the provisions set forth

Agreement No. A241013705 in Caterpillar publications SEBU6160-01 and SEB060150-01 Operation and Maintenance Manual (March and October of 1989 respectively) for generators and engines. The plan described below is intended to conform to these publications and coordinate with the overall environmental equipment maintenance plan.

Frequency:

Beginning at the commencement of the contract, the emergency standby generators shall be serviced in accordance with the Services to Be Performed, as described in Exhibit A, Section 7.

6. ACCEPTANCE OF SERVICES

Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this SOW. Acceptance criteria shall consist of the following:

A. The Contractor is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Contractor shall meet all timelines and deliverable due dates as described herein.

C. It shall be Cal OES’ sole determination as to whether services have been successfully completed and are acceptable.

D. The Contractor costs related to rework of unacceptable work products shall be costs of the Contractor, and shall not be billed to Cal OES.

7. CONTRACTOR RESPONSIBILITIES

A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the Executive Order and the sanctions identified on the U.S.

Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

B. The Contractor shall provide all equipment and/or software necessary to perform the required duties outlined herein.

Agreement No. A241013705

C. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

D. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall provide qualified and suitable substitute personnel.

E. Contractor Conditions

The Contractor shall confirm to the following conditions:

i. All work performed and materials used shall conform to local applicable codes and California Code of Regulations, Title 24, State Building Code, and Title 8, Chapter 4, Division of Safety and Health (DOSH) safety orders.

ii. The Contractor shall keep the site clean as work progresses. Upon completion of the work, all surfaces involved in this project shall be clean of any foreign material due to work hereunder.

iii. The Contractor shall store materials, equipment, refuse, etc., where and as directed by the State Facilities Manager.

iv. The Contractor shall not interrupt any building services without securing prior approval from the State Facilities Manager.

v. While on site, the Contractor personnel must be in possession of a working pager or cell phone so that personnel can be located on site easily.

vi. The Contractor personnel must wear apparel which identifies them as employees of the Contractor (uniforms).

vii. Contractor must have staff available to respond to any emergency generator failure within four (4) hours of being contracted by the State.

8. CAL OES RESPONSIBILITIES

A. Cal OES shall designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

Agreement No. A241013705

B. Cal OES shall provide access to department staff and management, offices, and operation areas, as required, to complete the tasks and activities defined under this Agreement.

9. PERFORMANCE

Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed, or the products produced by the Contractor fail to meet Cal OES’ conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

C. Cal OES will notify the Contractor of any problems in writing within five (5) business days of identifying the problem.

D. The Contractor must respond to Cal OES within five (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Contractor plans to mitigate the issue.

i. Failure by the Contractor to respond to Cal OES’ initial problem notification within the required time limit may result in immediate termination of the Contract.

E. Cal OES will, within five (5) business days after receipt of the Contractor’s corrective action plan, notify the Contractor in writing whether it accepts or rejects the plan.

ii. If Cal OES rejects the corrective action plan, the Contractor will submit a revised plan within three (3) business days. Failure by the Contractor to respond to Cal OES’s rejection notification may result in immediate termination of the Agreement.

F. Upon receipt of the revised corrective action plan, Cal OES will notify the Contractor in writing whether it accepts or rejects the revised plan within three (3) business days.

i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

G. In the event of Agreement termination, Cal OES shall pay all amounts due to the Contractor for all work accepted prior to termination.

10. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal

Agreement No. A241013705

OES personnel. Cal OES personnel notified and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue.

The relevant Cal OES personnel include, but are not limited to, the following:

First level: Sue Harris, Technical Services Division Chief 916-894-5080 Sue.Harris@caloes.ca.gov

Second level: Bobby Rodriguez, Technical Services Branch Manger 916-894-5003 Bobby.Rodriguez@CalOES.ca.gov

11. TERMINATION OF AGREEMENT

Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Contractor. In the event of termination, Cal OES shall pay all amounts due the Contractor for all services rendered and accepted prior to termination.

Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Contractor.

B. This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

C. Cal OES may terminate performance of work under this Agreement for its convenience in whole or, from time to time, in part, if Cal OES determines that a termination is in the State's interest.

i. Cal OES shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Agreement, the Agreement shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Agreement shall not be void.

Agreement No. A241013705

ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:

a) Stop work as specified in the Notice of Termination.

b) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract.

c) Terminate all subcontracts to the extent they relate to the work terminated.

d) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.

D. The Contractor may submit a written request to terminate this Agreement only if Cal OES should substantially fail to perform its responsibilities as provided herein.

E. This Agreement may be terminated at any time upon mutual written agreement between Cal OES and the Contractor.

12. GENAI TECHNOLOGY USE & REPORTING

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

Agreement No. A241013705

13. SUBCONTRACTING PROVISIONS

A. The Contractor will act as prime contractor under this Agreement. In addition to identifying all personnel proposed to work under this Agreement, the Contractor shall also identify its subcontractor affiliation, as applicable.

B. Cal OES reserves the right to approve all subcontractors prior to the performance of any work by the subcontractor.

C. All subcontractors must meet or exceed the minimum qualifications for the project team personnel set forth in Exhibit A, Section 4, Mandatory Qualifications. All subcontractors must possess a valid C-10 license issued by the California Department of Consumer Affairs, Contractors State License Board, and any other licenses required by policy or law during the term of the contract as required in

D. Nothing contained in this Agreement shall create any contractual relationship between Cal OES and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor is fully responsible to Cal OES for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them.

E. If a subcontractor is a California Certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE), then those amounts paid to certified subcontractors shall be identified on the Contractor’s invoice(s).

F. If a subcontractor is a California Certified DVBE, the Contractor shall provide proof of payments made to DVBE subcontractor(s) at the request of Cal OES.

G. If the Contractor has committed to the use of DVBE subcontractors, upon completion of Agreement, the Contractor shall certify that all payments have been made to the DVBE subcontractors by submitting the DVBE Subcontracting Report (STD 817). Cal OES will withhold $10,000 from the final payment, or the full payment if the final payment is less than $10,000, until the complete and accurate STD 817 is received. Failure to submit this certification after given the opportunity to cure, will result in Cal OES permanently deducting $10,000 from the final payment or the full payment if less than $10,000.

H. The Contractor’s obligation to pay its subcontractors is an independent obligation from Cal OES’ obligation to make payments to the Contractor. As a result, Cal OES shall have no obligation to pay or to enforce the payment of any monies to any subcontractor.

Agreement No. A241013705

14. AUTHORIZED REPRESENTATIVES

The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice to the representatives identified below.

Contractor must coordinate all service visits with the appropriate State Project Representative. Date, time. And location of each visit must be provided to the State Project Representative three (3) days prior to maintenance services.

For service-related inquiries: Sacramento Area Representative:

The California Governor’s Office of Emergency Services

TBD

NAME:

Manuel Artiaga, Facilities Manager

NAME:

ADDRESS:

601& 630 Sequoia Pacific Blvd, Sacramento, CA 95811

ADDRESS:

PHONE: 916-894-5174 PHONE:

EMAIL: Manuel.Artiaga@caloes.ca.gov EMAIL:

For service-related inquiries: Representative for all other areas:

The California Governor’s Office of Emergency Services

TBD

NAME:

Yolanda Villasenor, Contract Manager

NAME:

ADDRESS:

601 Sequoia Pacific Bl.

Sacramento, CA 95811

ADDRESS:

PHONE: 916-894-5073 PHONE:

EMAIL: Yolanda.Villasenor@caloes.ca.gov EMAIL:

Agreement No. A241013705

For Agreement administrative inquiries:

The California Governor’s Office of Emergency Services

Contractor

NAME: Jairo Turnil, Contract Analyst NAME:

ADDRESS:

10391 Peter A McCuen Blvd.

Mather, CA. 95655

ADDRESS:

PHONE: (916) 845-8932 PHONE:

EMAIL: Jairo.Turnil@caloes.ca.gov EMAIL:

Agreement No. A241013705

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted after services are rendered and shall include the following information:

A. Agreement No.

B. Contractor

C. Service Type

D. Service Date

E. Cal OES Name Providing Site Access

F. Itemized Cost

G. Invoice Date

Invoices shall be due and payable, and payment shall be made, only after Cal OES’ Contract Manager’s acceptance of services.

3. The Contractor’s costs related to items such as travel and per diem shall be inclusive in the Cost Sheet, Exhibit B-1, and will not be paid separately as part of this Agreement.

4. Submit invoices to:

California Governor’s Office of Emergency Services Accounting Unit

APInvoices@caloes.ca.gov

5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, Cal OES shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, Cal OES shall have the option to either cancel this Agreement with no liability

Agreement No. A241013705 occurring to Cal OES or offer an amendment to the Contractor to reflect the reduced amount.

7. All payments will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Agreement No. A241013705

EXHIBIT B-1

COST SHEET

The Contractor shall provide all labor, materials, equipment, and every other item of expense, direct or indirect (including any applicable taxes), necessary to complete the services in accordance with the specifications described in the Statement of Work, Exhibit A, at the rates specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount of services/hours that shall be required for this Agreement, and reserves the right to omit portions or quantities of work, as may be deemed necessary. Payment for service performed under this Agreement shall be for actual expenditures incurred.

The rates referenced below shall be binding for the term of the Agreement.

ITEM NO. Service type, Generator Make and Model, Location

UNIT PRICE UNITOF

MEASURE QUANTITY

EXTENDED

PRICE

1 Quarterly Preventive Maintenance Service for

Kohler lO0REOZJD 100 KW {4.5 Liter John Deer Powered)

Located at 111 Bercut Drive, Sacramento, CA 95811

EACH 12

2 Quarterly Preventive Maintenance Service for

Elliot Magneteck, Model 150

KW M/N -

150ORD S/N BT12J884

Located at 601 Sequoia Pacific Blvd, Sacramento, CA 95811

EACH 12

3 Quarterly Preventive Maintenance Service for

Generac 250 KW M/N 9472419100 S/N 2096948

EACH 12

Agreement No. A241013705

Located at 630 Sequoia Pacific Blvd, Sacramento, CA 95811

4 Quarterly Preventive Maintenance Service for

Generac 100 KW M/N96A04422-5

Located at Vina Helitack Base, California

EACH 12

5 Quarterly Preventive Maintenance Service for

Generac 30 KW Generator w/Mazda Diesel Engine 3.0L S/N 2030046

Located at Mt. Diablo, Contra Costa County

EACH 12

6 Quarterly Preventive Maintenance Service for

Kohler 100 RZG w/ Kohler Transfer Switch

Located at Santiago Peak (West)

EACH 12

7 Quarterly Preventive Maintenance Service for

Kohler 45RZG, S/N 0699875 Spec# GM13685- GAG with Kohler Transfer Switch

Located at Oat Mountain – (Los Angeles) Nike

EACH 12

8 Quarterly Preventive Maintenance Service for

Cummins C25 N6 (*)

Agreement No. A241013705

Located at Leek Spring Hill, El Dorado County

9 Quarterly Preventive Maintenance Service for

Onan 20 KW M/N GG02- 11635227 S/N H160983245

Located at Round Mountain, Kern County

EACH 12

10 Quarterly Preventive Maintenance Service for

TBD

Located at Topaz Mountain, Douglas County, NV

EACH 12

11 Quarterly Preventive Maintenance Service for

TBD

Located at Tejon Peak (Los Angeles)

EACH 12

12 Quarterly Preventive Maintenance Service for

Portable Generac TG1

Located at Santa Rosa Ridgeway

EACH 12

13 Quarterly Preventive Maintenance Service for

Portable Generac TG2

Located at 601 Sequoia Pacific Blvd, Sacramento, CA 95811

Agreement No. A241013705

14 Quarterly Preventive Maintenance Service for

Portable Generac TG3

Located at 493 East Line Street, Bishop, CA 93514

EACH 12

15 Quarterly Preventive Maintenance Service for

Portable Generac TG4

Located at 1260 E. Locust St., Ontario, CA 91761-

EACH 12

16 Quarterly Preventive Maintenance Service for

Portable Generac TG5

Located at 812 Fiero Lane, Unit A, San Luis Obispo, CA 93401

EACH 12

17 Quarterly Preventive Maintenance Service for

Portable Generac TG6

Located at Tejon Peak, CA

EACH 12

18 Quarterly Preventive Maintenance Service for

Portable Generac TG7

Located at 2508 N.

Business Park Ave., Fresno, CA 93727-8636

EACH 12

19 Quarterly Preventive Maintenance Service for

Portable Generac TG8

Agreement No. A241013705

Located at MT. Diablo, Contra Costa County

20 Quarterly Preventive Maintenance Service for

Portable Generac TG9

Located at 601 Sequoia Pacific Blvd, Sacramento, 95811

EACH 12

21 Quarterly Preventive Maintenance Service for

Portable Generac TG10

Located at 2466 Progress Dr., Redding CA 96001

EACH 12

22 Kohler Model 30REOZK w/ Transfer Switch

Located at 600 N Fifth St., Sacramento, CA. 95811

Repair Services Hourly Rate (Regular Business Hours)

EACH

HOURLY

*120

23 Kohler Model 30REOZK w/ Transfer Switch

Located at 650 N Fifth St., Sacramento, CA. 95811

Repair Services Hourly Rate (Overtime)

EACH

22 24 Repair Services Hourly Rate (Regular Business Hours)

Agreement No. A241013705

**Parts and Materials Not To Exceed

$15,000.00

23 25 Repair Services Hourly Rate (Overtime)

HOURLY *120

24 26 **Parts and Materials Not to Exceed $15,000.00

GRAND TOTAL:

*Quantity of hours for repairs services is an estimate and is for evaluation purposes only. This information will be removed from the actual contract.

** An additional $15,000.00 is included for material and parts. The expenditure of additional moneys for parts and equipment must have prior approval from the Cal OES Contract Manager and be supported by itemized invoices and receipts.

Agreement No. A241013705

EXHIBIT C

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be accessed by visiting the following links:

Non-IT Services General Terms and Conditions (Rev. 04/2017):

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601

Agreement No. A241013705

EXHIBIT D

ADDITIONAL PROVISIONS

1. INSURANCE

The Contractor shall submit original Certificates of Insurance for all required Insurance and must show "occurrence" coverage when applicable. If a syndicate is used, the syndicate's name must be included.

All types of insurance must be issued by an insurer with a minimum Best Classification Rating of B + V, or equivalent as determined and deemed acceptable by the Department of General Services, Office of Risk and Insurance Management.

A. General Provisions Applying to All Policies

i. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least thirty (30) days prior to the expiration of this insurance. Any new insurance must still comply to the original terms of the contract and be no less than one (1) year or the remainder of the term of this Agreement, whichever is greater. The new certificate must show the name and address of the insurance company, the policy number, and the beginning and ending dates of the policy.

ii. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within 5 business days before the effective date of any cancellation, non-renewal or material change that affects required insurance coverage. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

iii. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

iv. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

v. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management – A or better and financial size category of VII or better to the latest edition of the A.M. Best Key Rating Guide. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

Agreement No. A241013705

vi. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

vii. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

viii. Satisfying an SIR – All insurance policies required by this contract/permit must allow the State to pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the State’s discretion.

ix. Available Coverages/Limits – All coverage and limits available to the contractor shall also be available and applicable to the State.

x. Subcontractors – In the case of Contractor utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor.

B. Insurance Requirements

i. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined, with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract.

ii. Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract/permit with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to the certificate.

iii. Automobile Liability – Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall

Agreement No. A241013705 cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

The Contractor shall furnish a Certificate of Insurance. The Certificate of Insurance will provide the above listed liability coverages and the Certificate Holder shall read:

California Governor's Office of Emergency Services 3650 Schriever Avenue Mather, CA 95655-4203

C. Other Required Insurance Provisions

Certificate of Insurance must also contain all of the following provisions:

i. Statement requiring the Insurer to provide written notice to Cal OES thirty (30) calendar days prior to cancelling the Contractor's policy.

ii. Statement that Cal OES, its officers, agents, servants and employees are included as additional insured on the policy, but only insofar as the services under this Agreement are concerned.

iii. Statement that neither Cal OES, nor any of its agents, will be responsible for any premium or assessment on said policies.

iv. In the event Contractor fails to keep the insurance coverage as herein prescribed in effect at all times during the term of this Agreement, Cal OES may, in addition to any other remedies it may have, terminate this Agreement effective the last day of insurance coverage.

v. The Contractor shall email the certificate of insurance, identifying the Agreement number, to Cal OES at the following email address:

ContractsUnit@caloes.ca.gov Contract Number A241013705

Agreement No. A241013705

ATTACHMENT 1

PREVENTATIVE MAINTENANCE EQUIPMENT CHECKLISTS

*HOUR METER REQUIRED DURING EACH SITE VISIT

DATE: / /

RADIATOR/HEAT EXCHANGER

RADIATOR FINS INSPECTED AND CLEANED

(SEMI-ANNUALLY)

COOLANT ELEMENT (IF EQUIPPED)

FAN SHROUD

THERMOSTATS

WATER PUMP

JACKET WATER HEATER

FAN BELTS

FAN DRIVE PULLEY AND FAN

HOSES AND CONNECTIONS

COOLANT

Agreement No. A241013705

DATE: /_/

FUEL TANK

FUEL NOZZLES (IF EQUIPPED)

FUEL NOZZLES (IF EQUIPPED)

FUEL PUMP (ELECTRICAL OR MECHANICAL)

FUEL PRESSURE

FUEL FILTERS PRIMARY AND SECONDARY

GOVERNOR AND CONTROLS

FUEL LINES AND CONNECTIONS

WATER TRAP AND CONNECTIONS

FUEL CONDITION (*)

*HOUR METER READING IS REQUIRED DURING EACH SITE VISIT

*RECOMMEND COMPLETING A FLUID ANALYSIS SERVICE ONCE A YEAR.

Agreement No. A241013705

*HOUR METER READING IS REQUIRED DURING EACH SITE VISIT

AIR FILTER

EXHAUST SYSTEM

EXHAUST MANIFOLD

TURBOCHARGER

AIR INLET SYSTEM

AIR FILTER SERVICE INDICATOR

TECH:SITE:/_DATE:

Agreement No. A241013705

Agreement No. A241013705

START CONTROLS,MANUAL/AUTOMATIC

VOLTMETER

AMMETER

FREQUENCY METER

CIRCUIT BREAKER

AUTOMATIC TRANSFER SWITCH

ATS 9-VOLT BATTERY (REPLACE