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03.06 Electrical Maintenance and Repair Agreement 4�F���9�,y�"� �S•a��PP��"rF�'�•;G� (,�~` ` � '"cA ��; , ;�_� AGENDA ITEM 9,f,�� •�@ �F�o,�6.�GP��� ��+� J u ne 11, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager � FROM: Bonnie Hagan, Community Services Director REVIEW: City Mana er inance '� ' 1 . SUBJECT Agreement with Academy Electric, Inc. for electrical preventative maintenance and repair in parks and landscape districts for a total amount not to exceed $300,000. 2. SUMMARY A four-year agreement to provide electrical preventative maintenance, scheduled repairs, and emergency repairs in parks and landscape districts in an amount not to exceed $75,000 annually, for a four-year total of $300,000. 3. RECOMMENDED ACTION � Approve agreement with Academy Electric, Inc., in the amount of $300,000 for electrical r�naintenance in parks and landscape districts and authorize the Mayor and City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The total expenditure for this four-year agreement is $300,000 and will be funded through funds: General Fund (100) $239,000 Santiago Hills Landscape Assessment District (291) 60,000 Sycamore Landscape Assessment District (293) 1,000 � Total: $300,000 5. STRATEGIC PLAN GOALS Goal 2: Be a fiscally healthy community d: Effectively manage and develop City assets. Goal 3: Enhance and promote quality of life in the community a: Refurbish, maintain, develop and/or expand public use places and spaces. ITEM� 1 06/11/2019 6. DISCUSSION AND BACKGROUND The Community Services Department currently maintains all park and landscape district electrical systems utilizing contract maintenance services. Electrical maintenance protects systems from failure resulting from old components and ensures the safety and dependability of park facilities. This agreement also allows for emergency repa�irs to be made promptly, avoiding unsafe or poorly lighted public areas or facilities being unavailable for use, resulting in the cancellation of programs and a loss of revenue. The preventative maintenance performed under this agreement has proven very effective in prolonging the life of the electrical infrastructure and minimizing down time due to electrical issues. The current agreement expires June 30, 2019. A new Request for Proposal (RFP) was issued for electrical preventative maintenance and repair. The RFP included experience in performing similar work, depth of experience, qualifications of staff, inventory of equipment available to perform the work, unit costs for specific maintenance, and hourly rates for service calls. The proposal submitted by Academy Electric, Inc. was determined the most responsive, with the highest point score of 74 out of 75. The bid abstract summary is attached for reference. Of the seven proposals, one bid, ED Electric was non-responsive. The three lowest scoring proposals were unable to show adequate experience or demonstrate a record of success in similar types of agreements. The proposed costs from Academy Electric, Inc. are approximately 53% more for the preventative maintenance portion of the work compared to the previous agreement from , four years ago with Magnetic Electric, Inc., who did not submit a new bid. The proposed hourly rates of Academy Electric range from 6% to 12% more than the Magnetic Electric agreement amounts. In addition to being the most responsive, Academy Electric was the lowest of all bids received. Even with the overall increase, the annual amount of not to exceed $75,000 remains consistent with the previous agreement. Staff plans to supplement the repair work portion of the contract with work completed by our in-house skilled maintenance crew. The term of this proposed agreement is for four years with an annual not to exceed amount of $75,000. All rates remain consistent for each of the four years. The total not to exceed amount for the four year term is $300,000. The agreement will be funded by the general fund for work completed in parks and by Funds 291 and 293 for work completed within the landscape districts. 7. ATTACHMENTS 1. Proposal Abstract Summary 2. Maintenance Services Agreement ITEM - 2 06/11/2019 Electrical Maintenance Services PROPOSAL ABSTRACT SUMMARY Bid No. 189-20 Date Advertised: 4/4/2019 Bid Due Date: 5/2/2019 Baker M. Bray, Inter- S & Son's JFC ES Company/Contractor ' 'Acatlemy Electric Electric, Pacific, Electrical Electrical Electric Efectnc; Inc. Inc. Inc. Contractors Systems, Corp Inc. ;� ; r City (Location of Company) `. Orange, Ca Escondido, Beaumont, Tustin, Hesperia, Fullerton, Riverside, ,;. ` Ca. Ca. Ca. Ca. Ca. Ca. Firm's experience on similar 24 25 22 14 13 7 - pro'ects. (25 points Firm's overall qualifications and ability to provide the necessary equipment to ° � �25 , ' 21 16 7 7 7 - . complete work described within RFP. (25 points) Demonstrated record of success (references) by the contractor on work previously performed by -15 12 9 10 7 7 - the City and/or municipalities , or enterprises. (15 points). ,� ��_ ��� Firm's responsiveness to the overall request for information within 10 9 8 3 3 3 - this RFP. (10 points) Total Point Scores (Out of 75 points) ��, 74 _; �,: 67 55 34 30 24 Non- '�� 2� �`� responsive :Recommentled,• Aw,ard, MAINTENANCE SERVICES AGREEMENT [Electrical Maintenance Services for City Parks] TffiS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made at Orange, California, on this day of , 2019 (the "Effective Date")by and between the CITY OF ORANGE, a ,municipal corporation ("City") and ACADEMY ELECTRIC, INC., a California corporation, ("Contractor"),who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor - shall provide to the reasonable satisfaction of City the services set forth in Exhibit "A", which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit"A"to the contrary. Paul Miller, Park Supervisor ("City's Project Manager"), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor's performance hereunder shall be under the direction and supervision of City's Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City's Project Manager to the extent required by City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City's Project Manager and the City Manager. 2. Total Compensation,Annual Compensation and Fee Schedule. a. Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED THOUSAND DOLLARS and 00/100 � ($300,000.00)without the prior written authorization of City. b. The compensation for services performed under this Agreement shall be paid according to the schedule in Exhibit"B." c. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses. 3. Payment. a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. b. All such invoices shall state the basis for the amount invoiced, including services completed,the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice. d. Payment shall constitute payrnent in full for all services, authorized costs and authorized extra work covered by that invoice. � 4. Chanse Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor. 5. Licenses. Contractor represents that it and any subcontractors it may engage,possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement. 6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services' pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied,to bind City to any obligation whatsoever. 8. Designated Persons. Except as otherwise authorized by City's Project Manager, only the employees of Contractor shall perform work provided for under this Agreement: It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated. ' 2 9. Assi�nment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be reoeived under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee. ' 10. Term. The term of this Agreement shall be for FOUR YEARS (4) years, commencing on July 1,2019, and ending on June 30, 2023. � 11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 12. Reserved. 13. Delays and Eztensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delay's caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occur's. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above; absent a written amendment to this Agreement. � 14. Reserved. ; � 15. Equal Emplovment OpUortunity. During the performance of jthis Agreement, Contractor agrees as follows: ' a. Contractor shall not discriminate against any employee or applicant for employtnent because of race, color,religion, sex,national origin,mental or physical�disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruihnent or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. � b. Contractor shall, in all solicitations and advertisements for employees placed � by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex,national origin,mental or physical disability, or any other basis prohibited by applicable law. , � - 3 I c. Contractor shall cause the foregoing paragraphs (a) and(b)to!be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. � � 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor lrnows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. � 17. Indemnity. , a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City(collectively the"Indemnitees") entirely harmless from all liability arising out of: (1) Any and all claims under worker's compensation� acts and other employee benefit acts with respect to Contractor's employees or subcontractor's employees arising out of Contractor's work under this Agreement; and � (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act� or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage eithe'r on or off City's prop'eriy; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at Contractor's own expense, cost and risk, shall iridemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. , b. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be constxued to extend any third pariy indemnification rights of any kind�to any person or entity which is not a signatory to this Agreement. � c. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full fo;rce and effect in perpetuity with respect to Consultant and its successors. � 18. Insurance. ; a. Contractor shall carry workers' compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an -. ; 4 independent contractor and not entitled to any worker's compensation benefits; under any City program. � b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial �general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits camed by or available to Consultant. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of(1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Consultant. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under tlie policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, wh�ich shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days' prior written notice to City. h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. 5 i i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom,by way of set-off from any sums owed Contractor. j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. k. Contractor shall include all subcontractors, if any, as insureds under its policies or .shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in ,compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 20. Maintenance and Insuection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. �Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if requested. 21. Compliance with all Laws/Immigration Laws. a. Contractor shall be knowledgeable of and comply with all' local, state and federal laws which may apply to the performance of this Agreement. b. Contractor represents and wanants that Contractor: (1) Has complied and shall at all times during the tertn of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,without limitation,the Immigration Reform and Control Act of 1986 (IRCA); and 6 , ; (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation,the completion and maintenance of the Form I-9 for each of Contractor's employees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance andlor Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors to make the same representations and warranties as set forth in Subsection 21.b. d. Contractor shall,upon request of City,provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, veri�fication that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor rnay not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees. ` e. Contractor shall require all subcontractors to make the same verification as set forth in Section d. f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. Contractor agrees to indemnify and hold City, its officials, 'and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. 22. Governin� Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California. � 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed 7 which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. "CONTRACTOR" "CITY" Academy Electric,Inc. - City of Orange 864 S. Winthrope Street 300 E. Chapman Avenue Orange, CA 92869 Orange, CA 92866-1591 Attn.: Donald B. Gentry Attn.: Paul Miller Telephone No.: 714-289-9143 Telephone No.: 714-532-6472 E-Mail Address: don@academyelectric.net E-Mail Address: pmiller@cityoforange.org 25. Counternarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page ihtentionally left blank;signatures on next pageJ 8 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. - "CONTRACTOR" "CITY" ACADEMY ELECTRIC,INC., CITY OF ORANGE, a municipal corporation a Califomia corporation *By: By: Printed Name: Mark A.Murphy,Mayor Title: *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Mary E. Binning Senior Assistant City Attorney I *NOTE: The City requires the following signature(s) on behalf of the Cvntractor: -- (1) the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists oY one corporate officer holds more than one corporate office,please so indicate. OR -- The corporate officer named in a corporate resolution as authoriZed to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 9 ',�;� ", REOUEST FOII2 PROPOSAL _ . ;;. Pr000sal No.189-20 �''��c�} '�,��� ELECTRICAL TENANCE SERVICES �:; ,... :r: ����;' CTTY OF ORANGE � COMMUNI7'Y SERVICES DEPARTMENT 230 E. Chapman Ave. Otange,CA 92866 (714)7447274 nat�: n'l ay a, a o r 9' Company/Firm Name: �c.a.c�err►y E 1 ec,rr►�c.� �n c- Address: $b� .5• t�l rr+rh�op e- ST�eeT O/'kn�e, CA- 9'.�t.�b5 Phone#: 7/Y—;a:S9-`il y3 E-mail Address: o�on e ctica.de.rn yel e,cTri�.ne.�' Contact Name: j�o n a!d. B. Gen�r-�y PROJECT NAME: Electricai Maiutenance Services Location Addresses: Various City Pazk Faciliries City Contact Name: Paul Miller-Park Maintenance Supervisor Phone#: f 7I4)532-6472�office) E-Mai1 Address: Qmiller(cr�,citvoforangc.org � _. � i Exhibit A Page 1 of 16 � 2.The City reserves the right to reject any contractor who they feel does not meet a qualifying work experience or satisfying references. 3.The City reserves the right to reject at any time any or all proposals,or parts thereof,and to waive any variances,technicalities and informalities which do not impair the quality,or performance of the project. 4. Existing site amenities (ex. sidewalks, walls, tables, paving, etc.} are to be protected from all construction and painting. Any damage to any existing site amenities will be repaired or replaced at the contractor's expense to the satisfaction of the City of Orange. 5. The Contractor is to verify all dimensions and conditions at site prior to proposal and construction. 6.T'he Contractor is responsible for inspecting and being aware of all site conditions. � 20: �SPECirAL TNSTRUCTIONS:�' The Electrical Maintenance firm is to incl�de within this reauest for nroposal the foliowing� 1. A cover letter that conforms to the following: a. Signed by a person authorized to bind the firm contractually. b. Provides the name,title,address,and telephone number of the individual to whom correspondence and other contacts should be directed during the selection process. c. Provides the name,tide,address,and telephone number of the individual who will negotiate with the City and is authorized to contractually bind the firm. 2. Elecirical Maintenance Firm Information: a. LegaI name of firxn and type of organization. b. Valid Califomia landscape contractors license number.Also include any additional licensing and/or certifications that demonstcate expertise or proficiency for services as described in tlus RFP. c. Firm location(s)and phone number(s). d. Date firm established. e. Number of employees. f. Name,position,summary of qualifications and related experience,and propased responsibilities of the firm's project manager and key personnel on the proposed project team, including any subcontracted positions. Submit team member resumes as an attachment. g. List of equipment to be used by the firm that enables them to provide the renovation/installation work as described within this RFP. RFP PROP�SAL 5UIVIlVIARY: The undersigned as proposer declares that he/she has carefuliy examined the location of the proposed work, and hereby proposed and agrees, if the proposal is accepted, to do all work requia�ed to compiete the said wurk for the price set forth. The undersigned has checked all words and figures inserted in the RFP submittal,and understand that the City of Orange will make no allawance for any error or omission on the part of the undersigned. The undersigned has thoroughly read and understood a116 pages of this RF1'. �Remarinder of page intentioi:ally left blank;signatures on next pageJ . � Electrical Maintenance Proposal7 � Exhibit A Page 2 of 16 THE CITY OF ORANGE RESERVES THE RIGHT,AND IS HEREBY GRANTED THE RIGHT, TO REJECT .4NY AND ALL PROPOSERS, TO ACCEPT OTHER THAN THE LOWEST PROPOSAL, AND TO WAIVE ANY RMALITY IN TI�PROPOSALS. Authorized Signature � PrintedName: �L.�arjcs�v� �. ��/�Ti�'� Tifle: Ui Ce.,— P�e s�"r,�e�T Name of Company: �Cc.o�C/►'!y E�e CT'/'��c-� ��t C. State License Number and Classification Designation: ��,:�.$'y 1 G—�q Executed this �+ r�� day of �o�,�o ,2019 at �/`r.,n California. I Electrical Maintenauce Proposal 8 Exhibit A Page 3 of 16 ATTACHMEN'I'NO.1 PROPO5AL COST SU1VdMARY SHEET The City awards contract based on$75,000 contract per year.The full amount is not guazanteed annually. NAME OF PROP05ER: �/C-�t O�e/�'1 y �I e C'rN Cr� �C,. PER PANEL COSTS:* � Parks and Facilities(Per Panel)Yearly PM Service � Each main panel$ 9�pe OC� Each sub panel $ �0�. �� Santiago Hills Assessment District(SHAD)—Yearly PM Service Each sub panel $ ��?. Q70 ', I HOLTRL�'1tATE5 FOR REPAIRS AND EMERGENCI'RESPONSE:Ho:irly Rates pertain to repair j work and emergency respo►rses only and are not included in the preventative maintenance annual cost ' provided on this Proposal Sheet. i � Hourty Rates for Weekdays(Mon-Fri) 7 a.m.—4 p.m. $ �O. O C7 Hourly Rates for Weekdays(Mon-Fri) 4 p.m.—7 a.m. $ �33. 9�p Hourly Rates for Wee[cends $ J�.3- �7(v Hourly Rates for Emergency Service Calls $ � �J3, �� Hourly Rates for Holidays $ � �0..�`� Please attacli a list of holidays obse�ved by your ftrm. Electrical Maintenance Proposal 9 . Exhibit A Page 4 of 16 � A'FTACHMENT N(D.2 STA�'EMENT OF REQUIItED INFORMATION AND EXPERIENCE The proposer is required to supply t6e fo�lowimg information. Additionai sheets nnay be attached if necessary: 1. The proposer shall provide the following: A.Company Name: �Cao�Crrf�,/ �IeCT'I'��GO ��C• B.Type of Entity(for example, a Califo�•nia corporation): Cc�i�-� v�i'o.. C'or � raTio n C.License Number: G� �.� �1 D.License Class: C-'—l0 E.License Expiration Da#e: d� �3 ��02 t�� 0 2. Number of years as a licensed contractor engaged in electrical maintenance work for public agencies:�_ 3. List at least three(3)public agencies or contracts for work similar in nature and scope to the work for which this proposer is being submitted. Such work or contracts must have been performed or under contract during the past five(5)years. A. IVame: � 1 d� �,('�t Address: d�3 O E'- C,Z1m.,p�+r�a.�t �'✓@,,. City: O!'a/I�c_�?,.,,, State: �,'�. Zip:�'p �.$6 (o U Contact: �o Il ��u o'T Z,. Telephone: (71�d ) S3_� — e�'���/ , ; Type of Project: Yo P�sa Pc4r1�( �/ec,T��c,q � .�m �h��ee�pl e/1 T..� i i Contract Duration: sZ0/'7— a.o/� - Annual Contract Amount:�1/ 7i 5�.3- �o i B. Name: �/�r v o� ��I st.�C� �^'1 i Address: �o O $, ��ta,�'►2i Y✓1 L3�vaQ• i City rl+'10..h e 1 a�t't � State: c,�}'• Zip: �Z�c`30,� I Contact:�eC/CS/ 6erw��o�ez. Telephone: (�� 7(�(�8`3I TypeofProject: ��eGTF��C:aI �'rlGinren�nC�. c✓�� L��hr;r� /2ed���rs Contract Duration:o�O/� � �.Od� Annual Contract Amount:'�3 O O�OO V„oo � Electrical Maintenance Proposal 10 Exhibit A Page 5 of 16 C. Name: __ C��ry o�r Ne�,,��o�r 13e�c� Address: l 00 �..'�vl�G C /lTer c�ry: Newporr ,Q e�c� sr�te: C.,4. z�p: �'z 66 v Contact: }Zi�c.� SCo�'T Telephone: (`��) !o�/y-3o67 Type of Project: ��eC, !'1�� V�'l ai'nT �1GnCe� �c� �-��-/»;� ��'rS Contract Duration:aC7 l 9 -'sZOvZ.U Annual Contract AFnount: �/U O�, O v o '� 4. If requested by the City of Orange, the Proposer shall fumish a notarized financial statement, financial data, or other information and reference(s) sufficiently comprehensive to permit an appraisal of the Contractor's current ftnancial conditions. 5. The Proposer shall check one of the following blank spaces, as the case may be. If the Proposer does not check either box,it will be deemed that he has checked Box A: A. �The undersigned DOES NOT INTEND to subcontract any portion of this project. B. The undersigned INTENDS to subconhact a po�tion of this project to the following subcontractors. (]Vote:P(ease refer to the Subletting and Subcontracting Fair Practices Act commencing at Section 4100 of the California Public Contract Code for the portion of work for which subcontract disclosure is required with the proposer.) For each subcontractor to be used for the performance of work under this RFB,please identify the name of the subcontractor, the contact person,address and telephone number, a description of the type of work to be performed by each suUcontractor and the percentage that its work represents to the whole: Elec�-ical Maintenance Proposal 11 -- Exhibit A - Page 6 of 16 ATTACHMENT NO.3 CEI�TIFICATE OF NON-COLLUSION [Note: This form must be completed,signed by an authorized representative of the proposing firm, and returned with your propasal.] Be it l�own that D o�1 a��- � • G e�rry (nazne),being first duly swom, deposes and testifies that he/she is the V%Ce— P!`CAsi� f�JT (relationship withproposing firm),of �C,o.o�er+7�,► �1 e.crri� , .�nc. (legal name of proposing firm),making the foregoing proposal: 1. That the proposal tendered is not presented in the interest or on behalf of any undisclosed person, persons,or other legal entity. 2. That no Councilman,o�cer,agent,or employee of the City of Orange is personally interested,directly or indirectly,in the Contract,or the compensation to be paid thereunder. 3. That the proposal is genuine and not collusive or a sham. 4. That said proposer has not directly or indirectly or solicited any other proposer to submit a false or sham proposal,nor colluded or agreed with any other proposer or person to submit a sham proposal, nor colluded to prevent any other propdser or persons from proposing. 5. That said proposer has not in any manner,directly or indirectly,sought by agreement,communication or conference with anyone to illegally limit or establish the proposal price of said or any other proposer, not to similazly seek limit or establish any overhead,profit or cost element of such proposal price. 6. That said proposer has not sought to secure any advantage against the public entity awarding the contract or anyone interested in the proposed contract. . 7. That said proposer has not directiy or indirectly submitted its proposal price,revea(ed any contents or breakdown thereof or diwlged information or data relative thereto, paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, proposal depository,or to any member or agent thereof,or to any other individual except those with documented financial interest with the proposer in his general business. 8. That all the above statements are true to the best of my knowledge. [Remainder of page intentionally left blank;signatures o�i next pageJ � Electrical Maintenance Proposal 12 Exhibit A Page 7 of 16 p � � ! Name of Entity Submitting Proposal: �Cao(eM y E1 ecT',ra�t. ._�n c... Type of Entity: _ �ct���'�l�/o,, t.'o►^b�tG-r�o h ' o �By: Printed Name: , 1 'C. 11\ � �, �'Z. � 4 � T���: res��.e�n� � � �y: � /.�- Printed Name: �o nw�a{ 13_ G�n,q-r",/ Titte: U+�ce- Pre.s�de��' /.Se cfe.rc,r v Business Address: i��i� S. W��nrd�n�v e, S�-re.eT' P��e � e.A�• 9 a$6�i Telephone Number: �/`/--.Z.$9—9/`�3 Electrical Maintenance Proposal 13 Exhibit A Page 8 of 16 cademy _ lec�x�ic, Inc. � � License No. G10 662841 RFP No. 189-20 Correspondence and Contact Information Donald B. Gentry . Vice-President 864 South Winthrope Street Orange,CA. 92869 Phone No: 714-289-9143 Cell No: 714-307-8284 Email: don(�aa,academyelectric.net ,C�� �- Donald B.Gentry Vice-President Exhibit A Page 9 of 16 - 864 S.Winthrope St. • P.O. Box 2364• Orange, CA 92859 • (714)289-9143 • FAX (714)289-9743 I Company Data A. The Offeror's legal name and address is Academy EIectric,Inc. at 864 South Winthrope Street, Orange, CA 92869. B. Tncorporated 1992 in the state of California. C. President—Diane R. Gentry Vice•President—Donald B. Gentry D. Federal Employer I.D. Number is 33-0511153. Sta.te Contractor's License Number is 662841 (C-10). State DIR Number is l 0000Q2463. E. Academy Electric,Inc. does not do nor has conducted business under a different name. F. Academy Electzic, Inc. has not failed or refused to complete any prior contracts. Academy Electric, Inc. does not have any disputed claims, litigation or assessed liquidated damages. G. Academy Electric has been in business for 27 yeazs. However, Don Gentry has provided required, equivalent or related services for 44 years. Exhibit A Page 10 of 16 Company Profile Company Name:Academv Electric,Inc. Business Name:Academy Electric,lnc. Address for mailed funds:P. .Box 2364.Oran�e,CA 92859 Telephone Number:(714)289-9143 Facsimile Namber:�7141289-9743 Email Address:donC�a academvelectric.net Length of time the firm has been in business:27 L+ear� Length of time at current location:27 vears Is your firm the sole proprietor doing business under a different name:No If yes please indicate sote proprietors name and the name you are doing business under.N/A Indicate your firm's federal tax-exempt I.D.number:33-05111-53 Is your firm incorporated:Yes State of Incorporation:California Contractor license number:662841 Year Incorporated: 1992 DIR number: ]000002463 Regular business hours:Mondav Throu h Fridav 7•OOam to 3•30pm - Regular holidays and hours when business is closed:Union reco�nized holidays Saturdays and Sundays Contact's name in reference to this bid:Don Gentry Telephone Number:(7141307-8284 Facsimile Number:f7I4)289-9743 Email Adclress:donna,academvelectric.net Name of service manager:Don Gentry Telephone Number.(714)307-8284 Facsimile Number:(714)289-9743 EmaiI Address:don ,academvelecfic.net Name and telephona number of adminisirator to whom customer service problems should be directed:Don Gen Telephone Number:(7I4)307-8284 Name and telephone number of administrator to whom questions regarding accounts payable should be directed:David GenW • Telephone Number.(7141289-9143 Email Address:david(�a,academyelectric.net In the event of an emergency or declared disaster,the foilowing information is required; Name of Contact individuai during non-business hours:Don Gentry Telephone Number:�14)639-9803 Facsimile Number:f7 1 41 284-9743 Email Address:dQnna,academvelectric.net Cell Number:(714)307-8284 Exhibit A Page 11 of 16 Resumes and Qualifications of Offeror's PersonneI Project Manager to be assigned to The City of Orange: Don Geniry . 197I-1975 United States Marine Corps Avionics Electrician/Air Data Computer Tech 1975-1979 IBEW/JATC Joumeyman Wireman Apprenticeship 1979 IBEW Journey.man's Test(Passed) 1977-1979 Santa Ana College A.A. Industrial Electronics 1979-1981 Santa.Ana College A.S.Industrial Electricity 1979-Present Foreman. Generai Foreman Superintendent Project Manager Contractor 12kV Dxstnbution Systems Fire Alarm& Controls Hydroelectric(5 Megawatt)Plant Water Treatment Plants Process Con�rols Energy Management Maintenance &Repairs Oil Refinery and Storage Facilities Central Plants Motor and Pump Repairs Design Build and Engineering Cathodic Protection Systems LED Lighting Retrofits Electrical Switchboard and Panel PM's and Cleanings Transformers,Motor Controllers and VFD's Exhibit A Page 12 of 16 Resumes and Qualifications of Offeror's Personnel Journeyman Wireman to be assigned to The City of Orange: Bill R.Hilton IBEW/JATC 5 Yeaz Apprenticeship Sta.te Certification Exam 480 Volt Distribution Systems Fire Alarm Systems Process Controls Maintenance&New Construction Tenant Improvements&Remodel Motor and Pump Repairs Cathodic Protection Systems Design Build and Engineering LED Ligb.ting Retrofits Electrical Switchboard and Panel PM's and Cleanings Transformers,Motor Controllers and'Vk'D's Troubleshooting and Repairs � 1 Exhibit A . Page 13 of 16 Response Time and Scheduling Academy Electric, Inc. employs union labor and is signatory to all local unions in Southern Catifornia Our employees have attended and graduated from a state certified five yeaz apprenticeship and have passed the California State Certification Test for Journeyman Wireman electricians. Our response time to emergency call out requests is two hours or less.All other - scheduled projects will be completed by the agreed to wozk schedule. Academy Electric,Inc.employs five"full time"employees and will supplement any additional manpower through the local union. � ' Exhibit A Page 14 of 16 • a xo�,aays The followi.ng Holidays aze observed by Academy Electric,Inc. New Yeaz's Day Memorial Day Fourth of July Labor Day Veteran's Day(November 11�') Thanksgiving Day Day after Thanksgiving - Christrnas Day Exhibit A Page 15 of 16 Equipment Aca.demy Electric, Inc. owns and maintains three fully equipped service trucks to perform all necessary services and projects. I Exhibit A Page 16 of 16 Compensation for ACADEMY ELECTRIC, INC. . Electrical Maintenance Services Four-Year Term July 1, 2019 to June 30, 2023 Year 1: 7/2019 through 6/2020 Up to $75,000 Year 2: 7/2020 through 6/2021 Up to $75,000 Year 3: 7/2021 through 6/2022 Up to $75,000 Year 4: 7/2022 through 6/2023 Up to $75,000 Exhibit B Page 1 of 1