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Contract - Emergency Power Controls - 2011-10-27 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder EXEMPT PURSUANT TO SECTION ON 66103STED 1111 II II li 111111 111 NI II II NO FEE GOVERNMENT CODE * $ R o 0 0 4 s 3 a 2 a 4 $ 2012000294891 1:44 pm 05/23/12 47 412 N12 3 AND WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 SCOTT CARROLL CLERK OF THE DISTRICT COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA CA,92627-2716 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION 3� NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of administrative building as hereinafter described. 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT. 3. The full address of the undersigned is 628 W. 19th Street, Costa Mesa, CA 92627-2718. 4. The nature of the title of the undersigned is owner of the administrative building subject to the following project: Procuring and Installing New Emergency Generator 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None 6. The manes of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: None 7. A work of improvement on the property hereinafter described was completed on or around January 10, 2012. 8. The name of the contractor, if any, for such work of improvement was: Emergency Power Controls,Inc. 3940-N Prospect Avenue Yorba Linda, CA 92885 9. The property of which said work of improvement was completed is in the County of Orange, State of California, and is described as follows: Procuring and Installing New Emergency Generator 10. The street address of said property is: 628 W. 19th Street Costa Mesa, CA 92627-2716 DATED this 11th day of May, 2012 COSTA MESA SANITARY DISTRICT SCOTT CARROLL, GENERAL MANAGER r ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) The undersigned,being duly sworn says: That he is the General Manager of the Costa Mesa Sanitary District;that he has read the foregoing instrument and knows the content thereof, and that the facts stated therein are true,and that he makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. SCOTT CARROLL t4 sA r7.4 A pooh o • -4. (7- Costa Mesa Sanitar District jkt ���G p a -a� . . an Inbepenoent Special District June 4, 2012 Board of Directors Robert Ooten James Ferryman Mike Scheafer Williams Insurance Brokers James Fitzpatrick 609 N. Harbor Boulevard Arthur Perry Fullerton, CA 92832 RE: Procure and Install New Emergency Generator at CMSD HQ Staff To Whom It May Concern: Scott C. Carroll General Manager You are hereby notified that the Costa Mesa Sanitary District has accepted the above referenced project as completed and the following Joan Revak bond will be exonerated 35 days after the Notice of Completion is Office Manager recorded: Clerk of the District Payment Bond No. 61133933 - $76,275.00 Robin B. Hamers District Engineer In addition, the following bond will be exonerated one year from the date (949) 631-1731 of recording of the Notice of Completion: Alan R. Burns Faithful Performance Bond No. 61133933 - $76,275.00 Legal Counsel Unless you are notified otherwise, the Payment Bond is exonerated as of June 27, 2012 and the Faithful Performance Bond is exonerated as of Marcus D. Davis May 23, 2013. Treasurer Attached is a copy of the recorded Notice of Completion. • Phone Sincerely, (949) 645-8400 Fax �-- (949) 650-2253 Scott Carroll General Manager Address 628 W. 19th Street Enclosure Costa Mesa, CA 92627-2716 C. 0/Kama Sa chez,.Administtrative c Manager!, Alan Burns, District Counsel Emergency Power Controls, Inc. ®lb• %I:Printed on / I Recycled Paper Protecting our community's bea(th ana the environment by previaing so(io waste anb sewer collection services. www.crosaca.gov CONTRACT (Emergency Generator at CMSD Headquarters) THIS AGREEMENT is made and entered into this 77""' day of QCAO"Cr ;011 by and between the COSTA MESA SANITARY DISTRICT hereinafter referred to as 'DISTRICT' and, EMERGENCY POWER CONTROLS, INC. hereinafter referred to as 'CONTRACTOR. WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1 Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and furnish all the labor materials, necessary tools, expendable equipment, and all utility and transportation services required for procuring and installing one (1) new emergency generator as described in Exhibit A attached hereto and incorporated herein by this reference. 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with ALL REQUIREMENTS AS DESCRIBED IN Exhibit A attached hereto and incorporated herein by this reference, and CONTRACTOR agrees to do everything required by this Contract, the plans and specifications, and any general conditions, if applicable. All labor materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. 3. Term. The term of this Contract shall commence on an agreed start date between DISTRICT and CONTRACTOR and shall be completed within 60 calendar days after the date of the 'Notice to Proceed' has been issued. The term of this Contract may be extended upon a mutual agreement by both parties. 4 Time of the Essence. This provision does not apply to this contract. 5. Delay Damages. This provision does not apply to this contract. 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of Seventy Seven Thousand Fifty Five Dollars and no cents ($77,055.00), 7 Progress Payments. This provision does not apply to this Contract. 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. This provision does not apply to this Contract. Should progress payments be desired, DISTRICT may retain 5% of the progress payment unless CONTRACTOR establishes an escrow account. EPC Contract— Emergency Generator at CMSD HQ Page 2 10. Federal Participation. This provision does not apply to this contract. 11 Compliance with the Davis-Bacon Act. This provision does not apply to this contract. 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the District Clerk. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1 Section 31 (a) [Proposition 209]. 14. Equal Employment Opportunity CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled 'Equal Employment Opportunity" and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address, social security number work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS. 16. Penalty CONTRACTOR shall, as a penalty to the DISTRICT forfeit up to $50.00 for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all in accordance with section 1775 of the Labor Code of the State of California. 17 Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR. 18. Legal Day's Work. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight(8) hours of labor in a day from any person employed by him hereunder except as provided in EPC Contract—Emergency Generator at CMSD HQ Page 3 Section 11 above. CONTRACTOR shall conform to Article 3, Chapter 1 Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of$25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight(8) hours in any one calendar day and forty(40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the 'Subletting and Subcontracting Fair Practices Act' (Public Contract Code Section 4100 et. seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the contract and assess the penalty All persons engaged in the work, including subcontractors, will be considered as employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: '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. 21 Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24 sub-part F Under 24 CFR part 24 sub-part F the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug-free awareness program to inform employees about- 1 Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; EPC Contract— Emergency Generator at CMSD HQ Page 4 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will 1 Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted 1 Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency (g). Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e)and (f). 22. Bonds. A payment bond equal to the total contract sum is required, as per Civil Code section 3247 23. CONTRACTOR'S Affidavit. This provision does not apply to this Contract. 24. CONTRACTOR'S Waiver This provision does not apply to this Contract. 25. Notice to Proceed. No work shall begin until all bonds and insurance are on file and the Contract executed, at which time a Notice to Proceed will be given. 26. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. EPC Contract— Emergency Generator at CMSD HQ Page 5 B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor or fail in compliance with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor or make good such deficiencies as DISTRICT may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27 CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Paragraph 28 of this Contract. 28. Damages/Extra Work Compensation. No claim for extra work or expense shall be payable unless brought to the DISTRICT's attention as soon as possible so the situation can be observed or documented. 29. Other Documents Included. This provision does not apply to this Contract. 30. Interpretation. In the event of any conflict, inconsistency or incongruity between the provisions of this Contract and the provisions of any other document or amendments thereto, the provisions of this Contract shall control in all respects. 31 Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs and necessary disbursements. 32. Additional Costs. CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the expenses of administration and legal services required to be expended by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR under the agreement. 33. Insurance. CONTRACTOR shall provide proof of commercial general liability and workers compensation insurance before starting the job as described in Exhibit 'B" 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted by law be fully protected from any loss, injury damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT except for liability attributable to the DISTRICT's active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the full extent permitted by law and excepting only the active negligence of DISTRICT established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT its employees, agents and officials, from any liability claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually allegedly or impliedly in whole or in part to the performance of the Agreement. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT Without affecting the rights of DISTRICT under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT's active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor sub-tier contractor or any other person or entity involved by for with or on behalf of CONTRACTOR in the performance of the subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT County State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 36. Assignment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety 37 Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Notices. The parties hereto agree that all formal notices required by this Agreement may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT Costa Mesa Sanitary District 628 E. 29th Street Costa Mesa, CA 92627 CONTRACTOR: Emergency Power Controls, Inc. 3940-N Prospect Avenue Yorba Linda, CA 92885 LOCAL CONTACT Patrick Carolan, President 40. Effect of Invalidity The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 41 Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 42. Conflict of Interest. Contractor warrants that he has no blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. 43. Copeland Anti-Kickback' Act. If applicable to this contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland Anti-Kickback' Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 44. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims. 45. Guarantees. A. Work; CONTRACTOR shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the DISTRICT and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT ordinary wear and tear and usual abuse or neglect excepted. B. Materials; CONTRACTOR shall and hereby does guarantee all Materials for a lifetime after the date of acceptance of the Materials by the DISTRICT and shall repair and replace any and all such Materials, together with any other materials which may be displaced in so doing that may prove defective during the lifetime of the Materials, without expense whatsoever to the DISTRICT ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing,the DISTRICT is hereby authorized to proceed to have the detects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefore immediately on demand. 47 Job Progress. CONTRACTOR shall provide DISTRICT with a critical path progress report at least monthly. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq.(Article 1.5-Resolution of Construction Claims)shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to Contractor upon receipt of any third-party claim related to the contract. IN WITNESS WHEREOF the parties hereto have entered into this agreement the date and year first above written. ATTEST. COSTA MESA SANITARY DISTRICT 4 y Di Q., Clerk.Y '- General Manager *. APPROVED AS TO FORM: E es!: c •wer C•ntr• Inc CO • - District Counsel .� 1 'y •ddress: y•3 u + ypasA Ltrits,e4 42.881 By 'il k EpcThe Emergency Power Experts C-ID LICENSE#485647 Emergency Power Controls,Mc. _ .l "' ' - ' Automatic transfer Switch specialish - _ . .� _ -... _ GE Zenith Maintenance Contracts Emergency Power Consultants Authorized GE Zenith Service Representative September 16,2011 Costa Mesa Sanitation 628 W 19th Street Costa Mesa, CA 92627 2716 ATTN Mr. Scott Carroll General Manager Subject: Installation of One (1)New Baldor Model I DLC30-3JU Diesel Standby Generator Set. Rated 30kW with fan, 60Hz, 3Ph, 120/208V at 1800 RPM. And One (1)New GE Automatic Transfer Switch, Open Transition. 200A,4P 120/208V 60Hz, 3Ph,4W NEMA 3R with MX 150 microprocesssor. Please Note: Quinn Power has informed EPC that the delivery for the 30kW caterpillar generator is now twenty-eight(28) weeks out seven (7)months. EPC would like to install a Baldor 30klYgenerator instead. The lead time is seven (7) to nine(9) weeks upon receipt of order The Baldor generator is an equal to the caterpillar generator Below you will find all the specifications and information regarding the Baldor generator Please respond that this change is acceptable. Thanks! Location Costa Mesa Sanitation District 628 W 19th Costa Mesa, CA EPC Ref. 11-10188A Mr Carroll, Emergency Power Controls, Inc. (EPC) is pleased to offer the following proposal for your consideration. WORK SCOPE Turnkey Installation of One(1)New 1 DLC30-3JU Baldor Generator Set Basic Configuration: IDLC-Ind Diesel Liquid Coo Model Ermine Frequency/Speed Ambient(Min/Maxi Manufacturer RPM IDLC30-3JU John Deere 60 Hz/ 1800 18 °C/40 °C Corporate Office:3940-N Prospect Ave. P.O.Box 545 Yorba Undo,California 92885 Toll-Free(Y0549-0707 Phone(714)7775993 Fox(714)579-8783 San Diego Office:810 Emerald Street,Suite 107 Son Diego, California 92109 Office(858)483-3611 Fox(858)483-3613 Web: epceiectrlc.com epcThe Emergency Power Experts C-10 LICENSE#485647 EmergencyPowerConlrols,Inc -- , ., ;,s.:`- - Automatic Transfer Switch Specialists y+� GE Zenith Maintenance Contracts _ Emergency Power Consultants Authorized GE Zenith Service Representative Duty/Alt Temp Enaine Model Engine Control Voltage I Elevation Rise DC Standby/ 125 °C 4024TF281 12 1000 Ft Genset Agency Emissions Enclosure/ Mount Approval Standard Fuel Type Method UL2200/CUL Interim Tier 4 Diesel Enclosed /Skid Mounted Output Rating Full Load Amps Voltage (L-L/L-N) Phase/Power Factor kw/kva Connection 30 KW/38 KVA 104 a 208/120 Low Wye Three/ 0.80 Additional Specifications: PRODUCT Emissions Application: EPA Stationary Emergency ALTERNATOR Alternator Regulator MX341-UL Drip shield: IP22 Exciter Field Circuit Breaker No Alternator Excitation: PMG Alternator Model Number UCI224C-311 Alternator Agency Approval: UL1004 ENGINE Engine Governor Type: Electronic Oil and Coolant Drains: Yes Coolant Radiator Unit mounted Coolant Heater 1000 WATT 120V Battery Standard Starting Battery Quantity 1 Battery Type: Group3l Style 12V 900 CCA Min Battery Charger Yes Corporate Office:3940-N Prospect Ave. P.O.Box 545 Yorba Linda,California 92885 To/I-Free(807)5400707 Phone(714)777-5993 Fox(714)579-8783 San Diego Office:810 Emerald Street,Suite 107 San Diego, California 92109 Office(858)483-3611 Fax(858)483-3613 Web: epcelectric.com Ep C The Emergency Power Experts C-10 LICENSE 71485647 Emergency Power Controls,Inc. _ _ Automatic .- Automatic rmnsfer Switch Speciafisls �!yrr GE Zenith Maintenance Contracts Emergency Power Consultants Authorized GE Zenith Service Representative BC Brand: Stored Energy Systems BC Battery Type: Lead Acid BC Output Amps: 10 a BC Input Volts& Hertz: 120/60 Cold Weather Package: No CONTROL Genset Controller Intellite NT Digital Controls Paralleling version: No ENCLOSURE Enclosure Style: Basic Sound Attenuated Enclosure material: Aluminum Pre Painted Enclosure color. Baldor Almond C11 Enclosure Logo: Standard Baldor Logo Enclosure Hardware Kit: Yellow Zinc HW Pad-lockable G1 Integrated Vibro Mounts: Included Additional Vibro Mounts: Yes Vibration Isolator Type: Standard Spring Vibration Isolator Location: Under Tank loose EXHAUST Exhaust Attenuation Grade: Critical Exhaust Mounting Method: Internal mount for enclosure POWER CONNECTION Circuit Breaker 1 1 Circuit Breaker Rating: 80% Thermal Magnetic 1 Circuit Breaker Amp: 90 a 1 Circuit Breaker Volt Frame: 240 1 Circuit Breaker Pole: 3 Pole 1 Circuit Breaker Mount Loc. Unit mounted Corporate Office:3940-N Prospect Ave. P.O.Box 545 Yorba Linda,California 92885 Toll-Free(ff:0 5440707 Phone(714)7775993 Fax(714)579-8783 San Diego Office:810 Emerald Street,Suite 107 San Diego, California 92109 Office(858)483-3611 Fax(858)483-3613 Web: epceiectric.com epie The Emergency Power Experts C-lo UCENSE#485647 Emergency Power Controls,Inc. - - Automatic Transfer Switch Specialists GE Zenith Maintenance Contracts Emergency Power consultants Authorized GE Zenith Service Representative FUEL Fuel Tank Capacity' Standard Tank Capacity Standard Tank Capacity 70 Standard Tank Run Time: 25 hrs Fuel Tank Type: Steel Double Wall Fuel Tank Fuel Tank Agency Approval: UL 142 Flex Fuel Lines: UL Engine Primary Filter No Engine Secondary Filter 5 Microns Water Separator' Included Supplemental 30um filUsep: Included PRODUCT MANUALS Copies of Operating Manual: 1 WARRANTY Labor Warranty 1 Year/ 1000 Hours Parts Warranty 2 Year/ 1000 Hours TESTING Standard Test 1.0 PF 1 hrs Customer Responsibilities: • Customer is responsible for all AQMD certificates and fines. • Fuel in the new Generator Total Turn Key Installation Project Cost. .$ 76,27100 Notes & Clarifications: Project Pricing Includes: I Electrical and structural plans followed thru plan check. -Please note: Architectural elevations not included 2. Plan check and permit fees and any other permit fees will be billed to you at cost. Corporate Office:3940-N Prospect Ave. P.O.Box 545 Yorba Linda,California 92885 Toll-Free(800)540-0707 Phone(714)7775993 Fax(714)579-8783 San Diego Office:810 Emerald Street,Suite 107 Son Diego, California 92109 Office(858)483-3611 Fax(858)483-3613 Web: epcelectric.com Ep C The Emergency Power Experts C-10 LICENSE#485647 Emergency Power Controls,Inc. Automatic Transfer Switch Special/31s (8.6 Mainlenance Contracts GE Zenith Emergency Power Consultants Authorized GE Zenith Service Representative 3. Generator enclosure to include generator concrete pad,and block walls. Enclosure to have one (1)gate. *Payment due within 30 days of completion of work. 10%per annum interest will be charged on all late payments. Customer will be responsible for all court cost and attorney fees incurred in collecting late payments. Acceptance Signature P O.Number (EPC does accept Visa and MasterCard) If you have any questions,please feel free to call. Sincerely Patrick Carolan EPC President 1I 10188 Corporate Mee:3940-N Prospect Ave. P.O.Box 545 Yorba Undo, California 92885 Toll-Free(801J)540-0707 Phone(714)7775993 Fax(714)579-8783 San Diego Office:810 Emerald Street Suite 107 San Diego, California 92109 Office(858)483-3611 Fax(858)483-3613 Web: epcelectdc.com pcThe Emergency Power Experts C-10 LICENSE#485647 ,Emergency Power Controts,Inc.Automatic Transfer Switch Specialists GE Zenith Maintenance Contracts Emergency Power Consultants Authorized GE Zenith Service Representative September 8,201 I Costa Mesa Sanitation 628 W 19th Street Costa Mesa, CA 92627 2716 ATTN• Mr Scott Carroll General Manager Subject: Exterior Generator Lighting EPC Ref. 11 10360A Mr Carroll, Emergency Power Controls, Inc. (EPC) is pleased to offer the following proposal for your consideration. EPC will provide and install exterior generator lighting with motion sensors. Total Project Cost .8 780.00 *Payment due within 30 days of completion of work. 10%per annum interest will be charged on all late payments. Customer will be responsible for all court cost and attorney fees incurred in collecting late payments. Acceptance Signature P.O Number (EPC does accept Visa and MasterCard) If you have any questions, please feel free to call. Sincerely Bryan Lentz EPC, Inc. Corporate Office:3940-N Prospect Ave. P.O.Box 545 Yuba Linda,California 92885 Toll-Free X0)540-0707 Phone(714)7775993 Fax(714)579-8783 San Diego Office:810 Emerald Street,Suite 107 San Diego, California 92109 Office(858)483-3611 Fox(858)483-3613 Web: epcelecidc.com Exhibit 'B' INSURANCE REQUIREMENTS Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability Insurance Services Office Business Auto Coverage form number CA 0001 code 1 (any auto); and (3) Workers Compensation and Employer's Liability Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability. $1 000,000 per occurrence for bodily injury personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability' $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the District to add the following provisions to the insurance policies: (A) General Liability The general liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way (B) Automobile Liability The automobile liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, 11 officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way (C) Workers Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the District, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the District, its directors, officials, officers, employees, agents and volunteers. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A- VIII licensed to do business in California, and satisfactory to the District. 12