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Johnson Power Systems A2015-177 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. Only those items checked-off are MANDATORY, however if your standard policies exceed the minimum requirements please in,;lude. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No, CG 00 01 11 05 or 8;. The amount of Insurance set forth below will be a combined single limit per occurrence for bodily injury, personal hay property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and en pio as "additional Insured's" under said insurance coverage and to state that such Insurance will be deemed "primary" suc1; tt;;, :any other Insurance that may be carried by the City will be excess thereto. Workers' Compensation policies snail waive all rig, of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City, Such insurance must be on an "occurrence," not a"claims made," basis and will not be cancelable or subject to reduction except upon thirty(30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a Contract order or an authorization to begin work. • Comprehensive General Liability. including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least$1,000,000 per occurrence. The City of Chino Hills Is to be listed as an additionally insured party. • ® Auto Liability,including owned,non-owned and hired vehicles with at least: © $1.900,000 per occurrence. • ❑ $100.000-300,000 per occurrence. • ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company, ® Workers' Compensation Insurance:as required by State Statutes including Waiver of Subrogation. (Not needed If Self7eMploled with no employees and CONTRACTOR signs statement to this effect.) • ;t.F ® Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City,Hti,i1 or purchase said license(at no cost to the City). ® Scope of Services and/or Compensation Attachments • Total Compensation Not-to-Exceed: $25.000 ® Expiration Date: June 30.2016 • PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU(VIA FAX OR HARD COPY)BY THE CONTRACT COMPLIANCE OFFICER,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. AGREEMENT IS EFFECTIVE AS OF DATE LAST SIGNED BELOW. Company Name: By(Print name&title): Johnson Power Systems I Travis Wessler Company Mailing Address: City,State,Zip: 656 E.La Cadena Drive I Riverside,CA 92502 Phone: E-Mail Address: 1 951-683-5960 I Wessler_travis@iohnson-power.com -I insurance to:Cityof Chino Hills-CityClerk,14000 CityCenter Drive,Chino Hills,CA 91709 Mall two copies of the original agreement along with proof of Originator/Department Contact: Deborah Hilt . /!_ . Date initiated: 7/27/15 Vendors Authorized Signature: >°^x`''te f �1 mil' , EV f/Cr' Date signed: R/6 //C- O U Vendors Authorized Signature: •� /� . Date signed: Contract Compliance Approval: Date Approved: g I t " - Department Director/City Manager Approval: f` Dale Approved:R.-ft-15 1.GENERALLY. The services ( "Contract") covered by this should any claim be brought against it by suit or otherwise, services agreement must be furnished by Contractor subject to all whether the same be groundless or not, arising out of the the terms and conditions contained In this contract which Contract or their performance, Contractor will defend City (at Contractor, In accepting this contract, agrees to be bound by and City's request and with counsel satisfactory to City)and indemnify comply with in all particulars. No other terms or conditions are City for any judgment rendered against it or any sums paid out in binding upon the parties unless subsequently agreed to in writing. settlement or otherwise. For purposes of this section "City' Written acceptance of all or any portion of the Contract covered includes City's officers, elected officials, and employees. It is by this contract constitutes unqualified acceptance of all terms expressly understood and agreed that the foregoing provisions and conditions In this contract. The terms of any proposal will survive termination of this contract. The requirements as to referred to in this contract are included and made a part of the the types and limits of insurance coverage to be maintained by contract only to the extent it specified the Contract, the price, and Contractor, and any approval of such insurance by City, are not the delivery, and then only to the extent that such terms are intended to and will not in any manner limit or qualify the liabilities consistent with the terms and conditions of this contract. and obligations otherwise assumed by Contractor pursuant to this 2.CHANGES. City may make changes within the general scope contract, Including,without limitation,to the provisions concerning of this contract by giving notice to Contractor and subsequently Indemnification. confirming such changes in writing. If such changes affect the 8.WARRANTY. Contractor agrees that the Contract is covered by cost of or the time required for performance of this contract, an the most favorable commercial warranties the Contractor gives to equitable adjustment in the price or delivery or both must be any customer for the same or substantially similar services, or made. No change by Contractor is allowed without City's written such other more favorable warranties as is specified in this approval. Any claim by Contractor for an adjustment under this contract. Warranties will be effective notwithstanding any section must be made in writing within thirty (30) days from the inspection or acceptance of the Contract by City. date of receipt by Contractor of notification of such change unless 9.ASSIGNMENT. City may assign this contract. Except as to any City waives this condition in writing. Nothing In this section payment due under this contract, Contractor may not assign or excuses Contractor from proceeding with performance of the subcontract the contract without City's written approval. Should contract as changed. City give consent, it will not relieve Contractor from any 3. TERMINATION. This agreement will terminate on the date obligations under this contract and any transferee or noted unless extended in advance and in writing by the City subcontractor will be considered Contractor's agent. Manager or Department Director, as applicable. City or 10.INSURANCE. Contractor must provide the Insurance Contractor may terminate this contract at any time,either verbally Indicated on the face sheet of this Services Agreement. or in writing,with or without cause. Should termination occur, City 11.PERMITS. Contractor must procure all necessary permits and will pay Contractor as full performance until such termination the licenses, and abide by all federal, state, and local laws, for unit or pro rata contract price for the performed and accepted performing this contract. portion of the Contract. City may provide written notice of 12,INDEPENDENT CONTRACTOR. City and Contractor agree termination for Contractor's default if Contractor refuses or fails to that Contractor will act as an independent contractor and will have comply with this contract. If Contractor does not cure such failure control of all work and the manner In which is it performed, within a reasonable time period, or fails to perform the Contract Contractor will be free to contract for similar service to be within the time specified (or allowed by extension), Contractor will performed for other employers while under contract with City. be liable to City for any excess costs Incurred by City. Contractor is not an agent or employee of City and is not entitled 4.TIME EXTENSION. City may extend the time for completion if, to participate in any pension plan, insurance, bonus or similar in City's sole determination, Contractor was delayed because of benefits City provides for its employees. Any provision in this causes beyond Contractor's control and without Contractor's fault contract that may appear to give City the right to direct Contractor or negligence. In the event delay was caused by City, as to the details of doing the work or to exercise a measure of Contractor's sole remedy is limited to recovering money actually control over the work means that Contractor will follow the and necessarily expended by Contractor because of the delay; direction of the City as to end results of the work only. there is no right to recover anticipated profit. 13.WAIVER. City's review or acceptance of,or payment for,work S.REMEDIES CUMULATIVE. City's rights and remedies under product prepared by Contractor under this contract will not be this contract are not exclusive and are in addition to any rights construed to operate as a waiver of any rights City may have and remedies provided by law. under this Agreement or of any cause of action arising from 6.PAYMENT. City will pay Contractor after receiving acceptable Contractor's performance. A waiver by City of any breach of any invoices for services rendered and accepted. Drafts will not be term, covenant, or condition contained in this contract will not be honored. deemed to be a waiver of any subsequent breach of the same or 7.INDEMNIFICATION. Contractor agrees to indemnify and hold any other term, covenant, or condition contained in this contract, City harmless from and against any claim,action,damages,costs whether of the same or different character. (including, without limitation, attorney's fees), injuries, or liability, 14.INTERPRETATION. This Agreement was drafted in,and will arising out of the Contract, or their performance, regardless of be construed in accordance with the laws of the State of City's passive negligence, but excepting such loss or damage California,and exclusive venue for any action Involving this which is caused by the sole active negligence or willful agreement will be in San Bernardino County. misconduct of the City. Should City be named in any suit,or nt__;\4, Exhibit A 42v ,. \f` City of Chino Hills s,,.:��G�o7�it7% Scope of Work Contractor (Company): Name of Company: Johnson Power Systems Contact Person: Travis Weeder Address: 656 East La Cadena Dr Riverside, CA 92602 Telephone: 961.683.6960 Fax: 961.683.3166 Email: master iravisia?lohnson-nower.com Description of Service: EQUIPMENT RENTAL,EQUIPMENT/GENERATOR REPAIRS&MAINTENANCE,AS NEEDED Cost information (any one service/incident may not exceed $5,000): Labor Rate X Labor Rates Attached—or: SEE ATTACHED SHEET Position Rate Standard Rate $120.00 HR Overtime Rate(over eight hours) $160.00 HR Prime limo Rate(over twelve hours) $200.00 HR Specific Charges: Specific Service Items Attached--or: Rate Parts-Price list or percentage mark up JOHNS I11N POWE SYSTEMS Your Caterpillar Parts, Sales and Service Provider for the Inland Empire Caterpillar Commercial Engines and Generators We also service all non-Gat equipment like Genevan, Cummins, Detroit,Anon, Waukesha,-Kohler. CATERPILLAR GENERATOR AND ENGINE SPECIALISTS GENERATOR TROUBLESHOOTING AND REPAIRS GAS AND DIESEL ENGINE REPAIRS EMISSIONS TESTING, EMISSIONS RETROFITTING TRANSFER SWITCH AND PARALELLING AND LOAD SHARING LOAD BANK TESTING PREVENTATIVE MAINTENANCE CONTRACTS RENTALS AND SALES JUNE 5, 2015 CITY OP CHINO HILLS 14000 CITY CENTER DRIVE CHINO HILLS, CA 91709 ATTN; CHERYL YEAMANS ADDITIONAL REPAIR WORK LABOR RATES FOR.2014-2016: a Standard rate: $120,00 per hour o Overtime rate(over eight hours):$160.00 per hour o Pdme time rate(over twelve hours): $200,00 per hour o We can_respond to Emergency call outs within 4 hours 24/7,365 days a year. o For afterhours emergencies call:(951)712-7259 For questions or other inquiries please contact: TRAVIS WESSLER 313S PRODUCT SUPPORT 24/7 Calif/951-712-7284 Email;wesslertravis(tjohnson-power,com Johnson Power System 656 East La Cadens Drive Riverside,Cal 92502 PHU 951-683-5960 Fax 951-683-3165 www.johnson-powcr`eorn