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Peterson Power Systems, Inc ~ C200046 October 12, 2020 Peterson Power Systems, Inc Attn: Rick Ferguson 2828 Teagarden St San Leandro CA 94577 REF.: Generator Maintenance Period: November 1, 2020 through October 31, 2021 CONTRACT NOTICE OF AWARD – RENEWAL Contract # C200046 Dear Rick Ferguson, The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one- year extension to the Contract effective from November 1, 2020 through October 31, 2021. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Peterson Power Systems, Inc . Sincerely, Jamie Greenberg Purchasing Specialist 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company: Signed: Date: Printed: Peterson Power Systems 10-13-2020 Robert Kliewer CITY OF TIGARD. OREGON- CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMFANYE VERY CONTRACT) a0030 Contract Title: Generator Service and Repair Number: Contractor: Peterson Power Systems Inc. Contract Total: $47,880.00 Contract Overview: Provide preventative maintenance and necessary repairs for city wide emergency back-up generator systems Initial Risk Level: n Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Kevin Cole Ext: 4805 Department: CS/Fleet Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp VI General Svc ❑ Engineering Svc ❑ Other: Start Date: 10/23/19_End Date: 10/31/2020_ Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Peterson Power Systems 15.830.00 annually State Contract Account String: Fund-Division-Account ork Order—Activity Tvn e _►mount FY 19/20 530.6500.54001 11.750.00 FY 19/20 650.6400.54001 4,080.00 FY FY FY Annrovals - LCRB Date: Department Comments: Department SignaturePO Purchasing Comments: Purchasing Signature: City Manager Commen ._. City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. C1s3olt(,t; AGREEMENT FOR SERVICES RELATED TO GENERATOR MAINTENANCE THIS AGREEMENT made and entered into this 23`d of October,2019 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called "City", and Peterson Power Systems, Inc, hereinafter called"Contractor",collectively known as the"Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to generator maintenance as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on October 31, 2020, unless otherwise terminated or extended. The Parties may agree on two(2)additional one(1)year extensions to the Agreement. At no point can this Agreement exceed three (3) years. All services are to be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed Fifteen Thousand Eight Hundred Thirty and No/100 Dollars ($15,830.000) annually, with a potential contract amount not to exceed Forty Seven Thousand Eight Hundred Eighty and No/100 ($47,880.00). Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager,or designee,and not more frequently than monthly. Unless otherwise agreed,payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor must make payments promptly,as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor will promptly, as due, make payment to any person, co-partnership, association, or corporation,furnishing medical,surgical,and hospital care or other needed care and attention,incident to sickness or injury,to the employees of Contractor,of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law,contract, or agreement for the purpose of providing or paying for services. J. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. K. Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. L. The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. ASSIGNMENT/DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or e-mail. Payments may be made by personal delivery,or mail. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OFTIGARD AIIMIMINIMIL PETERSON POWER SYSTEMS,INC Attn: Kevin Cole Attn: Rick Ferguson Address: 13125 SW Hall Blvd. Address: 2828 Teagarden St Tigard,Oregon 97223 San Leandro CA 94577 Phone: (503) 718-2588 Phone: (503) 280-1548 Email: Kevin tr.ti�*ard-or.pov Email: rlferguson(ci)petersoncat.com 6. TERMINATION There will be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of termination. 7. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 8. FORCE MA]EURE Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction,area-wide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 9. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101-336); and ORS 659A.142, including all amendments of and regulations and administrative rules, and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 10. INDEMNITY Contractor agrees to and defend,indemnify and hold harmless City,City's officers,employees,agents and representatives from and against all liability, claims, costs, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees in performance of this contract,except,however,that the foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 11. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance_ Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an"occurrence"form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers'Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017,which requires them to provide workers'compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non- exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. I. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy,certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action,suit,proceeding,or appeal. 13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal,state and local laws,rules and regulations applicable to the work in this Agreement. 14. CHOICE OF LAW.VENUE The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 15. CITY OF TIGARD BUSINESS LICENSE Contractor is to obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro- rated fee though the end of the calendar year. 16. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor's proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control 17. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility,in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. 18. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods,services,or property,whether tangible or intangible,provided by Contractor;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Contractor's services rendered in the performance of Contractor's obligations under this Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims, mortgages, security interests,liabilities, charges,and encumbrances of any kind. E. All goods will be guaranteed and warranted for a period of twelve (12) months from the date of installation,including parts and labor except damage caused by misuse,vandalism or act(s)of God 19. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD � PETERSON POWER SYSTEMS,INC `4�L�.!7}LQ1 /66.24t/i gaurQz By:Authorized City Representative By:Authorized Contractor Representative 11r 2.61/9 11-5-2019 Date Date EXHIBIT A SCOPE OF SERVICES Contractor will provide generator maintenance services as outlined in a cooperative purchase agreement through a Sourcewell agreement number 120617-CAT.Listed below is the specific services that will be required by the contractor. ANNUAL SERVICE: • Green Service checking oil sample for analysis before automatically changing oil • Load test-starting engine and load with contractor supplied resistive load • Drain crankcase oil and replace with new oil • Remove and replace oil according to Green Service and fuel filters • Inspect air filter(s) • Check generator output GENERATOR INSPECTION SERVICE: Before Starting Engine: Check engine oil and coolant levels Check block heater (should maintain a coolant temperature of 90 degree in the block) Check fuel level in storage tank Check battery water level and top as necessary I Check battery terminals for corrosion and connections for tightness (lead acid) I With Engine Running; I [ Check oil pressure Check fuel pressure Check oil level and add oil as required Check RPM (frequency) Check generated voltage _ Check for leaks or unusual noises After Stopping Engine: Check/verify all switches are in proper positions for automatic start r Check fuel level in tank Record battery charger volts Clean all battery connections Provide report and note any generator service problems 1 THREE YEAR SERVICE: • Drain and flush coolant system • Replace all coolant hoses • Replace coolant regulators (thermostat) • Replace drive belts • Replace air filter (if needed) EXHIBIT B CONTRACTOR'S PROPOSAL/RATE SCHEDULE CITY OF TIGARD pETEEiSON CAT Proposal#: RLF191008-02N -Generartor Maintenance pricing Date: 10/8/2019 revised 10/22/19 2 hour Load CSA fuel Unit Lac Make Model Serial Annual Test sample Total YEAR 1 1 Year 1-Canterbury ON 2000DVF 1850777306 710 785 145 $1,640 2 Year 1-119th ON 200 ODFP K860853221 710 785 145 $1,640 3 Year 1- Hi Tor ON 75 ODYC G840719961 620 660 145 $1,425 4 Year 1- 10 Mile AA C27 DWB02108 1130 1285 145 $2,560 5 Year 1- Niche OY D100P1 NPS02127 675 680 145 $1,500 6 Year 1- Library ON 30GGDB J030563995 465 615 0 $1,080 7 Year 1-Public Works ON 200DFBC J910431283 710 785 145 $1,640 8 Year 1-Police Department ZZ 6D14PT140PH 101694 675 680 145 $1,500 9 Year 1-Bonita PS CU DQCC-1425408 B150801695 1320 1380 145 $2,845 YEAR 2 10 Year 2-Canterbury ON 2000DVF 1850777306 715 790 150 $1,655 11 Year 2-119th ON 200 ODFP K860853221 715 790 150 $1,655 12 Year 2- Hi Tor ON 75 ODYC G840719961 625 665 150 $1,440 13 Year 2- 10 Mile AA C27 DWB02108 1135 1290 150 $2,575 14 Year 2- Niche OY D100P1 NPS02127 680 685 150 $1,515 15 Year 2- Library ON 30GGDB 1030563995 470 620 0 $1,090 16 Year 2-Public Works ON 200DFBC 1910431283 715 790 150 $1,655 17 Year 2-Police Department ZZ 6D14PT140PH 101694 680 685 150 $1,515 18 Year 1-Bonita PS CU DQCC-1425408 B150801695 1325 1385 150 $2,860 YEAR 3 19 Year 3-Canterbury ON 2000DVF 1850777306 720 795 155 $1,670 20 Year 3-119th ON 200 ODFP K860853221 720 795 155 $1,670 21 Year 3- Hi Tor ON 75 ODYC G840719961 630 670 155 $1,455 22 Year 3- 10 Mile AA C27 DWB02108 1140 1295 155 $2,590 23 Year 3- Niche OY D100P1 NPS02127 685 690 155 $1,530 24 Year 3- Library ON 30GGDB 1030563995 475 625 0 $1,100 25 Year 3-Public Works ON 200DFBC J910431283 720 795 155 $1,670 26 Year 3-Police Department U 6D14PT140PH 101694 685 690 155 $1,530 27 Year 1-Bonita PS CU DQCC-1425408 B150801695 1330 1390 155 $2,875 Total $21,180 $23,100 $3,600 $47,880 SCOPE OF WORK: Year 1 total=$15,830 Year 2 total=$15,960 Year 3 total=$16,090 ANNUAL SERVICES:To include inspection,oil change,Oil,Fuel and coolant filters changed. Oil,coolant samples taken. FUEL SAMPLE: CSA fuel sample taken from bottom of fuel tank. LOADTEST: 2 hour loadtest This service agreement complies with Sourcewell Contract pricing for CAT Dealer Service. CAT Contract#:120617-CAT SOURCEWELL PROGRAM- Sourcewell member ID#133253 City of Tigard 13125 SW Hall Blvd St A Tigard,OR 97223-8187 *LISTED PRICING EXCEEDS THE MINIMUM SOURCEWELL DISCOUNT OFF LABOR.