HomeMy WebLinkAbout06 - Award of Maintenance and Repair Service Agreement to Global Power Group, Inc. for City GeneratorsQ SEW Pp�T
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
December 13, 2022
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst,
josenbaum@newportbeachca.gov
PHONE: 949-644-3057
TITLE: Award of Maintenance and Repair Service Agreement to Global
Power Group, Inc. for City Generators
ABSTRACT:
The City of Newport Beach (City) has 30 mobile and stationary back-up power generators
that require regular preventative maintenance, testing and as -needed repair services. The
generators are managed by the Utilities Department with the assistance of a specialty
contractor. Bids were received and staff recommends the award of a generator
maintenance and repair agreement to Global Power Group, Inc.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the Maintenance and Repair Service Agreement with Global Power Group,
Inc., for City generators, for a three-year term with a total contract compensation
amount of $300,000, and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
The City owns and maintains 30 mobile and stationary back-up power generators. The
generators are managed by Utilities Department electricians as most of the generators
are associated with the backup power for the City's water and wastewater systems. The
City also has emergency generators at all fire stations, the police station, lifeguard
headquarters, the Civic Center, and the Public Works Corporation Yard.
6-1
Award of Maintenance and Repair Service Agreement to
Global Power Group, Inc. for City Generators
December 13, 2022
Page 2
The engine -driven generators and the associated electrical systems and switch gear are
highly complex and require knowledgeable staff with mechanical and electrical abilities
and certifications. The generators require regular preventative maintenance, live testing,
certification and as -needed repairs. These generators provide backup power in the event
of a power outage and are vital pieces of equipment in times of emergency. The
maintenance of all City generators is essential to ensure readiness and is a significant
facet of our City's emergency preparedness efforts.
The current service agreement expires on December 31, 2022. Staff developed and
issued a Request for Bids and public notice to solicit licensed contractors. The City
received two bids from qualified companies. The incumbent, Global Power Group, Inc.,
submitted the lower price of the two proposals. The cost proposals are listed below:
RANK
VENDOR NAME
ANNUAL COST
1
Global Power Group
$51,000
2
Duthie Power Services
$95,027
The new agreement includes costs for quarterly testing, inspection and routine
maintenance of each generator and electrical gear. It also includes one annual full -load
testing along with annual inflation adjustments and contingency allocations. The
contingencies include additional engine repairs, battery, electrical switch gear, and circuit
board replacements; temporary generator rentals; and the fueling of the generators. The
marine environment and the replacement of corroded generator parts is also an ongoing
additional cost. Global Power Group's proposal is approximately 10% higher than its
previous agreement pricing. Staff believes the proposed pricing is competitive and the
cost increase reflects the inflationary environment seen over the last few years.
Insurance, fuel, labor and material prices have all increased.
Staff is familiar with Global Power Group as it is the current vendor and the company has
satisfactorily performed these services. Following a due diligence staff discussion with
the contractor about the bid pricing, it is recommended to award the maintenance and
repair service agreement to Global Power Group Inc., for a three-year contract term with
a total contract compensation of $300,000.
FISCAL IMPACT:
The adopted budget includes sufficient funding for preventative maintenance and as -
needed repair services for City generators. The Utilities Department expenses these
services to the Streetlight Services/Electrical Generator Maintenance account 0109063-
851001; other departments and enterprise funds account for these services in their
respective operating budgets.
6-2
Award of Maintenance and Repair Service Agreement to
Global Power Group, Inc. for City Generators
December 13, 2022
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance/Repair Services Agreement with Global Power Group, Inc.
6-3
ATTACHMENT A
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GLOBAL POWER GROUP, INC. FOR
PREVENTATIVE MAINTENANCE AND AS -NEEDED REPAIR SERVICES FOR CITY
GENERATORS
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 13th day of December, 2022 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and Global Power Group, Inc., a California corporation ("Contractor"), whose
address is 12060 Woodside Avenue, Lakeside, California 92040, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Three Hundred Thousand Dollars and 001100 ($300,000.00), without
prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be increased by three percent (3.0%).
Global Power Group, Inc. Page 2 6-5
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Salvatore Martorana to be
its Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Operations
Support Supt. or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
Global Power Group, Inc. Page 3 6-6
8. TYPE AND INSTALLATION OF MATE RIALSISTANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
Global Power Group, Inc. Page 4 6-7
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
Global Power Group, Inc. Page 5 6-8
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one
hundred percent (100%) of the total amount to be paid Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
Global Power Group, Inc. Page 6 6-9
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Global Power Group, Inc. Page 7 6-10
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
Global Power Group, Inc. Page 8 6-11
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at-
Attn: Operations Support Superintendent
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Salvatore Martorana
Global Power Group, Inc.
Global Power Group, Inc. Page 9 6-12
12060 Woodside Avenue
Lakeside, CA 92040
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
Global Power Group, Inc. Page 10 6-13
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, of seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
Global Power Group, Inc. Page 11 6-14
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Global Power Group, Inc. Page 12 6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: IZAoL-/Zzz
By:J
A r n C. Harp
City Attorney
ATTEST:
Date:
Ac
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Kevin Muldoon
Mayor
CONTRACTOR: Global Power Group,
Inc., a California corporation
Date:
Bv:
Terry Mammen
Chief Executive Officer
Date:
By:
Salvador Ceballos
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D —
Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Global Power Group, Inc. Page 13 6-16
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide the following services to the City under the direction of the Utilities
Department, which shall identify specific tasks, deliverables and deadlines on an as -needed
basis.
Contractor shall provide preventative maintenance and as -needed repair services for City
generators located throughout the City as designated herein.
Contractor shall furnish all labor, equipment, materials, and supervision to perform generator
preventive maintenance and repair services as described herein including, but not limited to, the
following:
Quarterly and annual preventive maintenance Services. Services shall be done
quarterly, comprised of three (3) quarters of inspection services (as defined
below), and one (1) quarter of annual inspection services (as defined below); and
As -needed repairs subject to prior approval by City.
WORKING HOURS
Normal working hours shall be between the hours of 7:00 AM and 4:30 PM, Monday through
Thursday, 7:00 AM to 3.30 PM Fridays. No weekend or after-hours work is to be scheduled
without prior written permission from the City, unless it is an emergency situation.
LEVEL OF MAINTENANCE
1) All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS,
as stated in the enclosed maintenance specification description. Standards and
frequencies may be modified from time to time as deemed necessary by the City for the
proper maintenance of the sites.
2) If, in the judgment of the City, the level of maintenance is less than that specified herein,
the City shall, at its option, in addition to or in lieu of other remedies provided herein,
withhold appropriate payment from the Contractor until services are rendered in
accordance with specifications set forth within this document and providing no other
arrangements have been made between the Contractor and the City. Failure to notify of
a change and/or failure to perform an item or work on a scheduled day may, at the City's
sole discretion, result in deduction of payment for that date, week, or month. Payment will
be retained for work not performed until such time as the work is performed to City
standard.
3) The Contractor is required to correct deficiencies within the time specified by the City. If
noted deficient work has not been completed, payment for subject deficiency shall be
withheld for current billing period and shall continue to be withheld until deficiency is
corrected, without right to retroactive payments.
Global Power Group, Inc. Page A-1 6-17
CORRESPONDENCE
All correspondence shall be addressed to Utilities Manager, Utilities Department, City of Newport
Beach, 949 West 161h Street, Newport Beach, California 92663.
PREVENTIVE MAINTENANCE SERVICES
The Contractor shall perform the following preventive maintenance tasks:
QUARTERLY INSPECTION SERVICES (three times per year):
A) Inspect generator enclosure for obstructions, debris & corrosion, clean & spot paint.
B) Starting batteries will be cleaned and electrolyte levels and specific gravity checked.
C) Battery load test performed, reports made for recharging or replacing batteries, and
charging system will be checked for proper operation.
D) Inspect fuel, oil and coolant system for leaks.
E) All fluid levels will be checked and topped -off as needed, fuel levels noted and
reported.
F) Check engine for leaks, top of all engine fluids and governor system and linkage will
be checked for binding and proper operation.
G) Air cleaners will be checked and recommendations for replacement made when
necessary.
H) Engine block heater(s) and associated plumbing will be checked for proper operation.
1) All belts will be checked for proper tension, signs of age and wear.
J) Radiator will be checked externally for debris, leaks and corrosion.
K) Coolant will be tested with a coolant test strip, internal condition noted.
L) Radiator will be pressure tested and cap and seal checked for proper seal.
M) All cooling system hoses will be checked for defects.
N) Check all electrical connections, switches, gauges, and bulbs for proper operation,
including panel lights. Bulbs will be replaced if needed.
O) Equipment will be checked for abnormal speed, operation, vibration, and noises.
P) Automatic transfer switches will be visually inspected for defects, panel lights checked
and replaced if needed.
Q) Check automatic transfer switch and generator for bad connections with an infrared
gun.
Global Power Group, Inc. Page A-2 6-18
R) Simulate power failure and test system for proper operation — must notify City staff
first.
S) Log generator start and stop times in logbook.
T) Change oil/filter based on manufacturer's specification.
ANNUAL INSPECTION SERVICES (one time r)er vear):
A) Perform Quarterly Inspection Service items.
B) Change engine lubrication oil and oil filters.
C) Change engine fuel filters (if not required quarterly).
D) Change engine air cleaner element(s).
E) Change water filters and coolant conditioners (if not required quarterly).
F) Obtain oil and coolant sample for analysis by fluid testing lab.
G) Dispose of hazardous wastes from Inspection/Service.
H) Load banks tested at manufacturer's recommendation on full load for one -hour and
monitored to ensure proper operation.
1) Fuel polishing to remove water, bacteria and sediment from fuel tank, sample fuel
to determine condition of fuel.
J) Switch gear and automatic transfer switch inspection and service, which includes
lubricating moving parts.
K) Annual trailer service: pack wheel bearings, check light operation, clean trailer
magnets and adjust breaks, clean and paint any rust.
L) Contractor shall provide written recommendations and estimated cost for repairs
beyond normal preventive maintenance service including itemized cost of all parts.
EMERGENCY SERVICES
Contractor shall provide telephone numbers for after-hours, weekend and holiday emergency
service.
Contractor shall provide 24-hour emergency service. A technician will respond within one (1) hour
by phone and be onsite within two (2) hours of service request. Furnish on -site documentation of
all PM's and repair work for parts descriptions, cost, and labor to City Project Administrator.
AS -NEEDED REPAIR SERVICES
When the need for repair services arises, the City shall request in writing, the necessary services
required in adequate detail. Contractor shall then provide a letter proposal for Services requested
Global Power Group, Inc. Page A-3 6-19
by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include
the following:
■ A detailed description of the Services to be provided;
■ The estimated number of hours and cost to complete the Services; and
■ The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed are commensurate
with those provided in the Contractor's RFP response. No services shall be provided until the
City has provided written acceptance of the Letter Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Letter Proposal.
Contractor shall perform the approved repair services in a timely manner as to minimize the
amount of down time for each generator. This also includes the procurement time for parts and
accessories needed to perform the repairs. It is the responsibility of the contractor to stock items
for frequently used or repaired parts, and if additional parts as needed, then procurement should
be performed within one week of approved service repairs. The City shall be notified if any third -
party delays prevent Contractor from performing responsibilities and repairs in a timely manner.
Contractor is to have the necessary and qualified staffing on hand to meet the demands of the
contract scope of services, including the preventative maintenance and repair services.
o After -Hours shall be Monday through Thursday 4:30 PM to 7:00 AM.
o Weekend Hours shall be Friday at 3:30 PM to 7:00 AM Monday.
o Holidays shall be based on the list of Federal Holidays, and are listed
below:
• New Year's Day
■ Birthday of Martin Luther King, Jr.
■ Washington' s Birthday
■ Memorial Day
■ Independence Day
• Labor Day
• Columbus Day
■ Veterans Day
■ Thanksgiving Day
■ Christmas Day
ADDITIONAL SERVICE REQUIREMENTS
1) Contractor shall designate a specific employee or employees to provide services to the
Police Department Headquarters, who shall be required to undergo a background check
process prior to commencement of work.
2) Additional as -needed repair or emergency services are performed as applicable to each
piece of equipment. As -needed and emergency repair Services shall be available 24 hours
a day 7 Days a week.
Global Power Group, Inc. Page A-4 6-20
3) Contractor shall have a certified fuel truck capable of delivering #2 EPA diesel.
4) Contractor shall hold a C-10 Electrical Contractors License.
5) If requested, Contractor shall provide assistance with Engine Emissions information and
APCD Registration.
6) Factory Trained Generator Service Engineers.
7) Contractor's engineers shall be Hazmat Certified to legally haul specified amounts of
hazardous wastes.
8) Contractor shall work with City staff to keep the Emergency Power System operating as
safely and reliably as possible. In addition, Contractor shall keep the City abreast of any
changes in local environmental and safety codes and potential problems that could
jeopardize the reliability of the City's generator equipment.
9) Contractor must have stock of back-up generators available for short- and long-term
rental.
ATTACHMENT
1. List of City Generators
Global Power Group, Inc. Page A-5 6-21
CITY GENERATOR DETAILS
Name
Address
Make
Model
Serial # - *
Power
#5572
949 W. 1611 St.
Denyo —
MQ 70
DCA-
70SSIU4F
7356042
70 KW
#5574
3300 Pacific View
Denyo —
MQ 70
DCA-
70SSIU4F
7356041
70 KW
#5591
949 W. 1611 St.
Multiquip
DB1101-J
7400015
48 KW
#5593
949 W. 16th St.
Generac
GR50/04059-
0
3165909
50 KW
#5594
949 W. 1611 St.
Generac
GR50/04059-
0
3231954
50 KW
#5595
949 W. 1611 St.
Multiquip
DCA70-SSJU
7303265
40 KW
#5596
949 W. 161h St.
Multiquip
DCA85-SSJU
7700i85
60 KW
#5597
949 W. 1611 St.
Multiquip
DCA125-SUSJ
8500270
72 KW
#9291
949 W. 1611 St.
Generac
97AO57545
2037779
150 KW
#5592 Back Bay
Pump Station
949 W. 16th St.
Generac
GR85
3119161
71 KW
Bren Tract
1733 Ford Rd.
Kohler
50REZG
2289881
50 KW
Caterpillar Portable
592 Superior Ave
Kato
200SR9E
74610
200 KW
Civic Center #1
100 Civic Center
Dr.
Generac
13557300300
2114805
400 KW
Civic Center #2
100 Civic Center
Dr.
Generac
13557300300
2114806
400 KW
Fire Station #1
110 Balboa Blvd.
Kohler
50REOZJD
SGM32FDPM
12.5 KW
Fire Station #2
2807 Newport
Blvd
Marathon
362PSL1606
MT-0107383-
0321
105 KW @
1,800 rpm
72 KW @
1,500 rpm
Fire Station #3
868 Santa
Barbara Dr.
Kohler
50REOZJD
SGM32FHRJ
30 KW
Fire Station #4
124 Marine Ave.
Generac
93AO4362-S
2010148
20 KW
Fire Station #5
410 Marigold
Ave.
Marathon
4RO12ODS125
95130500513
135 KW
Fire Station #6
1348 Irvine Ave
Generac
6498200100
2087723
20 KW
Fire Station #7
20401 Acacia St.
Onan
DSHAC —
5841388
D070043062
200 KW
Global Power Group, Inc. Page A-6 6-22
Fire Station #8
6502 Ridge Park
Onan
50 DGCA -
D070043062
50 KW
Road
5841388
Harbor Ridge
Harbor Ridge &
Kohler
45REZG
2291604
45 KW
Ridgeline Dr.
Main Library
100 Civic Center
Kohler
15REOZK
SGM32FM5T
15 KW
Drive
Life Guard Head
70 Newport Pier
Kohler
150RE025F
SGM32G4FH
30 KW
Quarters
Police Station
870 Santa
Generac
1133915010
2103983
300 KW
Barbara Dr.
Polaris Dr
1019 1/2 Polaris
Kohler
80REZG
2287528
80 KW
Dr.
Water Dept/Zone 4
3300 Pacific View
Waukesha
F1197GU
351118
150 KW
Dr.
Water Dept/ 3
3300 Pacific View
Kohler
600ROZD4
0719531
600 KW
Pump
Dr.
Zone 5
39 Morro Bay Dr.
Kohler
10ORFG
0729771
100 KW
Updated October 3, 2022
*Due to recent changes, some serial numbers may need to be updated.
Global Power Group, Inc. Page A-7 6-23
Global Power
Global
Power
Group,
Inc.
GROUP, INC.
2022
This document is meant to serve as an introduction to Globai Power Group, Company
Inc., briefly outlining our breadth of experience and identifying our
capabilities_ Profile
Global Power Group, Inc. Page A-8 6-24
This document is meant to serve as an introduction to Global Power Group, In.c., briefly outlining our
breadth of experience and identifying our capabilities_
Global Power Group, Inc was formed in October 2005 to specialize in the critical and back-up power
Industry. We currently have four offices in Southern California. Our corporate office is located in
Lakeside and we have satellite offices in both El Centro and Anaheim, we are a California, Arizona and
Nevada Certified Small Business, a GSA qualified vendor and a part of the Better Business Bureau. Global
Power Group, Inc, is licensed through the state contractor's license board and holds (A) General
Engineering, (B) General building and a C-10 electrical contractors licenses. The company is bonded; we
have $10 million dollar pollution policy as well as liability coverage of $11 million dollars, Including a $10
million dollar umbrella policy. Our generator technicians are hazmat certified and factory trained while
our electricians are state certified
At Global Power Group our goal is to utilize our experience and expertise to provide our customers with
the finest quality of service available in the industry.
Global Power Group Mission Statement.
To become the leader In the Power Systems Industry and to establish an excellent,
unequalled reputation for the best customer service with the highest technical quality.
Our staff of 80Is comprised of personnel from both electrical and generator divisions with an average of
25+years of critical power experience. We have factory trained generator technicians and highly trained
and license electrical crews capable of handling all our customers' needs from small system integrations
to the complete installation of One of North Americas Largest Roof Mounted Solar System, 2.3
megawatts_ We are experts in designing turn -key Installations of Solar Systems, UPS Systems, DC plants,
Generators, Switch Gear, Sub stations, Rental Generators, Energy Reduction Service, Utility Inner
Connections, Preventative Maintenance, Fueling Services, System Repair, System Monitoring, Air Quality
Permits, and Power Plant Certification, Our goal is to provide a one stop shop for all our valued
customers.
Our focus in recent years on green energy consumption was a natural progression- We pride ourselves in
all ways striving to exceed our customers' expectations. This is showcased in our solar and electrical
retrofit projects. The recently completed multi Luxury Condo's and Townhomes in one of the largest
district and is a shining example of both our technical knowledge and commitment to quality.
The pinnacle of our solar installation capabilities is a 2.3 mega watt system on the roof of the Toyota's
NACCP in Ontario California, The system consisted of more than 10,000 photovoltaic modules covering
570,000 square feet of the roof of the 760,D00 square foot facility. Is one of the largest rooftop solar
systems In North America, Global Power Group successfully installed this mega system in 3 months.
To better meet the needs of our customers we provide 24/7/365 emergency service. Our diverse fleet of
vehicles including 4 wheel drive service trucks, a 4 wheel drive crane and a 1,006 gallon 4 wheel drive
fuel truck, 5000 gallon tanker diesel fuel truck, Three aerial man lift vehicle with the capability to reach
Global Power Group, Inc. Page A-9 6-25
over 65 feet, give us the ability to respond to any job. Our state of the art equipment Includes power
quality monitors, Fuel pollshers, 4 megawatts of load banks, and one of the most advanced Infra -red
cameras in the industry_ We can also provide our customers with instant updates on all projects from
the job site wia our web -based management system.
We currently have over 800 contacts nationwide with companies ranging from small to Fortune 100, and
are responsible for maintaining over 4,000 pieces of equipment. In California we work closely with
Imperial Power and }plater (IIDj, SDG&E and Sempra Utilities.
Some examples of our current clients include;
Harrah's Rincon Casino
City J County of Los Angeles
City of Newport Beach
City 1 County San Diego
City of Santa Ana
Federal Government
Sony
Cal Trans
County of San Bernardino
SDSU
UC Riverside
Time Warner
Home Depot
Alere
Barona Casino
Jones Lang LaSalle
Life Technologies
SDG&E
Hilton
t.owes
US Military
Embassy Suites
AT&T
Scripps Hospitals J Research
Toys R Us
Verizon
Toyota
Pfizer
Sempra Energy
HItact l
Motorola
CBRE
Marriot
Imperial Irrigation District
Johnson Controls
Sears
Our executive team consists of the following highly qualified, experienced individua!s;
President: Salvatore Martorana. Mr. Martorana is our In house expert. He is military trained and has
been involved in the powergeneration industry for over 29 years where he started as a field technician
and now directs all technical and sales aspects of GPG. Sal Is the Qualifying Officer for the (A) General
Engineering, jB) General building and a C-10 electrical contractors licenses. His extensive training and
experience makes him our source to help solve the difficult diagnostic problems. He oversees all
electrical and power generation projects.
Chief Financial Officer: Salvador Cebablos. Mr_ Ceballos has a 8,5. degree in accounting and 20 years'
experience in the finance and operations industry, including his last 14 In the power generation industry.
Sal Is in charge of the day to day operations of GPG and is Instrumental In our efforts to automate all
aspects
Chief Executive Officer. Terry Mammen. Mr. Mammen has a B.S. degree in accounting and has spent
over 36 years in the business world. He has owned and operated a variety of business ventures in real
estate, franchising, and for the last 14 years the power generation industry. Terry is the financier and is
involved in the strategic planning of GPG.
Global Power Group, Inc. Page A-10 6-26
By holding a general engineering license (A), general contractor license (H) and an electrical contractor's
license (C-10] GPS is capable of providing an all inclusive service package for our customers. We have a
proven record in all aspects of the Power Industry, from designed turn -key installations of Solar
Systems, LIPS Systems, Generators, Switch Gear, Rental Generators, Preventative Maintenance, Arc
Flash and Breaker Coordination Studies, Fueling Services, System Repair, System Monitoring, Air quality
Permits, and Power Plant Certification. Our goal is to provide a one stop shop for our valued customers.
Bottom line "Our Business is Powering Your Business" 24/7/3631
Our customers range from small businesses to Fortune 100 Companies and we have an excellent set of
references. In closing Global Power Group, Inc is comprised of a group of highly skilled and experienced
individuals that spend 100% of their time working as a team with our customers to get the job donel
At Global Power Group we thank you for the opportunity to be earn your business. If you have any
questions or would like more information on any of the above mentioned topics please to not hesitate
to call us.
Headquarters
12060 Woodside Ave
Lakeside, CA 92040
Phone- 619-579-1221
Fax- 619-579-1166
1
Global Power
GROUP, INC.
'Our business, is powering your business"
Global Power Group, Inc. Page A-11 6-27
1,
Global Power
Statement of Qualifications
Global Power Group, Inc was formed in October 2005 to specialize in the critical
and back-up power industry. We are licensed through the state contractors
license board and hold (A) General Engineering, (B) General building and a C-10
electrical contractors licenses. At Global Power Group our goal is to utilize our
experience and expertise to provide our customers with the finest quality of
service available in the industry. our staff of 80 is comprised of personnel from
both electrical and generator divisions with an average of 25+years of critical
power experience. We have factory trained generator technicians and highly
trained and licensed electrical crews capable of handling all our customers' needs.
To better meet the needs of our customers we provide 24/7/365 emergency
services. Our diverse fleet of vehicles including 4-wheel drive service trucks, a 4
wheel drive crane and a 1,000-gallon 4-wheel drive fuel truck, and a 5000 gallon
tanker diesel fuel truck gives us the ability to respond to any job. We have a rental
fleet of backup generators available for short- and long-term rentals should the
need arise. We have been providing services for generator maintenance and
repair for 15+ years and spend 100% of our time working as a team with our
customers to get the job done.
Global Power Group, Inc. Page A-12 6-28
x�
Global rawer
GROUP, INC
ORGANIZATIONAL INFORMATION
Key personnel for Generator Maintenance & Repair Services:
Bill Havrilla (Service Manager) — Bill oversees all service jobs/projects,
Dispatch Team — Our dispatchers schedule all service and maintenance
requests and let our customers know when service is due on any
equipment we service. They will be the primary points of contact for service
requests.
Technicians — Our gen techs are hazmat certified, and factory trained to
service all equipment requested for this project.
Anthony Monriog (Project Manager) — Anthony oversees all rentals for
backup and stock generators for City use if needed.
We will not be utilizing any subcontractors for this project.
Global Power Group, Inc. Page A-13 6-29
Global Power
0a0V►, INC
PROJECT APPROACH/METHODOLOGY
Global Power Group, Inc. has the abilities to perform all the services
requested in this specific Scope of Services. Our factory trained generator
technicians excel in preventative maintenance services. They will be
performing quarterly inspection services, annual inspection services,
emergency services, and repair services as they arise_ These technicians
have the ability to troubleshoot any issue with the equipment we will be
servicing and are more than qualified to get the job done. Global Power
Group, Inc. has all the required licenses, certified fleet vehicles, and
rental equipment to meet the needs of Scope of Services. During the
quarterly and annual inspections we will have all the necessary materials,
equipment, and fuel to make sure the inspections are done thoroughly and
correctly. For any repairs needed we have access to all the necessary
parts and materials to make sure we get the equipment back up and
running properly and efficiently. We provide 24/7/365 emergency services,
so should any complications occur, we will have a technician respond and
be onsite within 2 hours of requested service. Global Power Group, Inc. is
committed to providing excellent customer service and making sure we
exceed expectations in our work performance.
Global Power Group, Inc. Page A-14 6-30
'^Y
Global Po%vc
o•ovr. �Nc.
EQUIPMENT LISTING
unit number
size (kua)
GPG25-1
25
GPG25-2
25
GPG25-3
25
GPG70-1
70
GPG70-2
70
GPG 100-1
m
GPG100-02
125
GPG128-1
160
GPG176-1
176
GPG176-2
176
GP6235-2
235
GPG235-2
235
GPG 235-3
235
GPG320-1 I
400
GPG800-01
1250
GPG1000-64-1
1500
GPG1000-99-2
1500
GPG500-1
500
GPG500-2
Soo
GPG500-3
500
GPG 500-4
500
GPG 5 00-5+6
1000
GPG LT 1
Light
rower
GPG LT 2
Light
Tower
GPG LT 3
Light
Tower
Global Power Group, Inc. Page A-`! 5 6-31
EXHIBIT B
SCHEDULE OF BILLING RATES
GLOBAL POWER GROUP, INC. (3%increase annuafty, Starting Year2 )
Quarterly PM
Annual
Location
Make
Model
Se"rkce
Senfice
Tots! per Lfnnt
(3x/year)
(ix year j
#5574
MQ
DCA-7DSSIU4F
$ 75D.00
S 950.00 $ 1,700.00
#5572
MQ
DCA-70SSIU4F
$ 750.00
S 950.00 I $ 1,700.00
#5S91
MQ
D81101-J
$ 750.00
S 950.00 I $ 1,700.00
#5S93
Generac
GR50104059-0
$ 750.00
S 950.00 I $ 1,700.00
#5S94
Generac
GR50/04059-0
$ 750.00
S 950.00 1 $ 1,700.00
#5S95
MQ
DCA70-MU
$ 75D.Do
S 950.001S 1,700.00
45596
MQ
DCABS-MU
$ 750.00
$ 950.00 I $ 1,700.00
45S97
MQ
DCA125-SUSJ
$ 750.00
$ 950.00 I S 1,700.00
49291
Generac
97AC5754-S
$ 750.00
$ 950.00 I $ 1,700.00
Back Bay Pump Station
MQ
GR85
$ 750.00
$ 950.001 $ 1,700.00
Bren Tract
Kohler
SOREZG
$ 750.00
$ 950.0o I $ 1,700.00
Catepillar Portable
Kato
200SR9E 5
$ 750.00
S 950.00 I $ 1,700,00
Civic Center #1- 2114805
Generac
13557300300
$ 750.00
S 950.00 I $ 1,70D.OD
Civic Center #2 - 2114806
General
13SS73003CO
$ 750.00
S 950.00 $ 1,700.00
Fires Station #1
Kohler
SOREOZJD
$ 750.00
S 950.00 I $ 1,700.00
Fires Station #2
Marathon
362PSU606
$ 750.00
$ 950.00 I $ 1,700.00
Fires Station #3
Kohler
50REOZJD
$ 750.00
$ 950.00 15 1,700.00
Fires Station #4
Generac
93AC4362-S
$ 750.00
$ 950.00 I $ 1,700.00
Fires Station #5
Marathon
363PSL1607
$ 750.00
S 950.00 I $ 1,700.00
Fires Station #6
Generac
64982DOlOG
$ 750.00
S 950.00 I $ 1,700.00
Fires Station #7
Onan
DSHAC-5841388
$ 750.00
S 950.00 I $ 1,700.00
Fires Station #8
Onan
SO DGCA
$ 750.00
$ 950.00 I $ 1,700A0
LG HQ
Kohler
15GREOZJF
$ 750.00
S 950.00 I $ 1,700.00
Harbor Ridge
Kohler
45REZG
$ 750.00
$ 950.00 I $ 1,700.00
Main Library
Kohler
15REOZK
$ 750.00
S 950M I $ 1,700.00
Police Station
Generac
M39151DO
$ 750.00
S 950.00 I $ 1,700.00
Polaris Drive
Kohler
8OREZG
$ 750.00
$ 950.00 IS 1,700.00
Water Dept/ Zone 4
Waukesha
F1197GU
$ 750.00
$ 950.00 I $ 1,700.00
Water Dept/ 3 Pump/BCR
Kohler
6DOROZD4
$ 750.00
$ 950.00 I $ 1,700.00
Zone S
Kohler
1DORFG
$ 750.00
$ 950.00 $ 1,700.00
Generators maybe updated or thronged at City's discration
$ 2-2,500.00 $ 28,S00.00 $ 51,00OM
Contractor wHI be given opportunity to modify costs with change.
Hourly Rate
Minimum Hrs
min/Repair
Regular Hourly Rate
$ 235.00
0
$ -
After Hours Rate
$ 350.00
4
$ -
weekends
$ 375.00
4
$ -
HOlidays
$ 450.00
4
$ -
Global Power Group, Inc. Page B-1 6-32
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Global Power Group, Inc. Page C-1 6-33
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory_. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Global Power Group, Inc. Page C-2 6-34
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Global Power Group, Inc. Page C-3 6-35
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Global Power Group, Inc. Page C-4 6-36
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Global
Power Group, Inc., hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Three Hundred Thousand Dollars ($300,000.00), lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable
by the City of Newport Beach under the terms of the Agreement; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Global Power Group, Inc. Page D-1 6-37
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
in
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Global Power Group, Inc. Page D-2 6-38
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Global Power Group, Inc. Page D-3 6-39
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Global
Power Group, Inc. hereinafter designated as the "Principal," an agreement for
Preventative Maintenance and As -Needed Repair Services for City Generators, in the
City of Newport Beach, in strict conformity with the Agreement on file with the office of the
City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Thousand ($300,000.00) lawful money of the United States of America, said
sum being equal to 100% of the estimated amount of the Agreement, to be paid to the
City of Newport Beach, its successors, and assigns; for which payment well and truly to
be made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Global Power Group, Inc. Page E-1
. ES
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Global Power Group, Inc. Page E-2
6-41
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Global Power Group, Inc. Page E-3 6-42