HomeMy WebLinkAboutAgreement_General_6/11/2020_KW Power Systems, Corp VILLAGE OF TEQUESTA
AGREEMENT FOR GENERATOR REPAIR SERVICES
THIS AGREEMENT FOR GENERATOR REPAIR SERVICE is entered into and
effective this i day of`.1 2020(the"Effective Date"), by and between the V I LLAGE
v
OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter the "Village''; and KW POWER SYSTEMS, CORP., a Florida corporation
with offices located at 10603 NW 122nd Street, Medley, Florida, 33178, hereinafter the
"Contractor" and collectively with the Village, the "Parties".
WITNESSETEI
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the
Contractor shall provide services for the repair and refurbishment of a Caterpillar 3406 210 Kw
Standby Generator Set with an optional permanent magnet generator ("PMG") upgrade, pursuant
to all applicable statutory, licensing and Village code requirements. The Parties agree to enter into
this Agreement pursuant to the Notice of Solicitation and Quotation for RFQ# UTIL 05-20,which
are hereby fully incorporated into this Agreement and attached hereto as Exhibit"A".
2. COMPENSATION: In consideration for the above Scope of Services and pursuant to the
Quotation in Exhibit"A",the Village shall pay the Contractor a total amount not to exceed sixteen
thousand, six hundred ten dollars and fifty cents($16,610.50). This total amount includes payment
for the provision of all generator repair and refurbishment services as well as the optional PMG
upgrade, in accordance with the Quotation found in Exhibit "A.''
3. TERM; TEWM[NATION; NOTICE: This Agreement shall be for a term of forty-five (45)
days commencing on the Effective Date and shall terminate automatically after the term's
expiration. In addition, this Agreement may be terminated by either party upon thirty (30) days
written notice to the other party. Notice shall be considered sufficient when sent by certified mail
or hand delivered to the Parties during regular-business hours at the following addresses:
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Village Contractor
Village of Tequesta KW Power Systems, Corp.
345 Tequesta Drive 10603 NW 122nd Street
Tequesta, FL 33469 Medley, FL 33178
Attn: Matthew Hammond Attn: Daniel DiMura
Utilities Director Vice President
4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance
and liability insurance in such amounts as deemed sufficient by the Village and shall name the
Village as an"additional insured"on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold
harmless the Village, its agents, servants, and employees, from and against any claim, demand or
cause of action of whatsoever kind or nature, arising out of error,omission,negligent act,conduct,
or misconduct of the Contractor, its agents, servants,or employees in the performance of services
under this Agreement. Nothing contained in this provision shall be construed or interpreted as
consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver
provided in Section 768.28, Florida Statutes.
6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida
Statutes, by entering into this Agreement or performing any work in furtherance hereof, the
Contractor certifies that it, its affiliates,suppliers,subcontractors and consultants who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within thirty-six(36)months immediately preceding the date
hereof. This notice is required by Section 287.133(3)(a),Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an
independent contractor and not an employee of the Village. Both the Village and the Contractor
agree that this Agreement is not a contract for employment and that no relationship of employee—
employer or principal—agent is or shall be created hereby, nor shall hereafter exist by reason of the
performance of the services herein provided.
8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the
Office of the Inspector General has jurisdiction to investigate municipal matters,review and audit
municipal contracts and other transactions, and make reports and recommendations to municipal
governing bodies based on such audits, reviews, or investigations. All parties doing business with
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the Village shall fully cooperate with the inspector general in the exercise of the inspector general's
functions, authority, and power. The inspector general has the power to take sworn statements,
require the production of records, and to audit, monitor, investigate and inspect the activities of
the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent,
and eradicate fraud,waste, mismanagement, misconduct, and abuses.
9. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
10. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any
failure in performance under this Agreement if such failure arises out of causes reasonably beyond
the control of the Contractor or its subcontractors and without their fault or negligence. Such
causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
11. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
In accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
12. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both Parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both Parties,and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
13. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village's custodian of public records,the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village,or fails to make them
available for inspection or copying,within a reasonable time may be subject to attorney's fees and
costs pursuant to Section 119.070 1, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
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associated with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliamsnu tecluesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
14.HEADINGS: The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
15. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability or any other provision of this Agreement and this
Agreement shall be construed and enforced in all respects as if the invalid or unenforceable
provision is not contained herein.
16. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to
be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the
same, or any other provision or the enforcement hereof. The Village's consent to or approval of
any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed
to render unnecessary the obtaining of the Village's consent to or approval of any subsequent
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consent or approval of, whether or not similar to the ' so consented or approved.
17.ENTIRE AGREEMENT: This six (6) page greement constitutes the entire agreement
between the parties;no modification shall be made this Agreement unless such modification is
in X 'ting,agree:to by buth pautics and attached h addendum to an addenduto this Agreement.
IN WITNESS WHEREOF,the parties hereto ve executed this Agreement on the date and
year first above written.
WITNESSES: KW PC WER SYSTEMS,CORP.
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ATTEST: By er my Allerflage Manager
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Village of Tequesta
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 www.tequesta,org
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NOTICE OF SOLICITATION
RFQ # UTIL 05-20
Repair of Caterpillar 3406 210 Kw Standby Generator Set
The Village of Tequesta is seeking Quotes from qualified Generator Service vendor to provide repair services for a
Caterpillar 3406 210kW Generator Set. Repairs shall include at a minimum:
• Delivery of generator set to repair facility including loading and unloading.
• Diagnose and confirm condition of the alternator end.
• Dismantling of generator set as needed.
• Rewind main rotor and stator.
• Rewind exciter rotor and stator.
• Clean and bake windings
• Re-insulate stator where needed
• Install new bearings for rotating assemblies
• Replace main rear seal on engine.
• Reassemble generator set as required.
• Perform load bank test.
• Test and confirm all other power output parameters are in specification
• Delivery of repaired generator set to the Village WTP, including loading and unloading.
Quotes are being received beginning April 9, 2020 to April 23, 2020 at 5:00 PM. To submit a quote or for any questions
regarding the specifications and Solicitation process please contact Nate Litteral, Water Plant Superintendent, at
ADA ACCESSIBILITY NOTICE: The Village of Tequesta strives to be an inclusive environment. As such, it is the
Village's policy to comply with the requirements of Title 11 of the American with Disabilities Act of 1990 ("ADA") by
ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with
disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [agreement/bid
documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia,
shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements
of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide
Web Consortium ("MC"), Web Accessibility Initiative ("WAI"), available at
The Village of Tequesta is exempt from Federal and State Taxes for tangible personal property tax. The Village of
Tequesta reserves the right to accept or reject any or all Proposals, in whole or in part, with or without cause, to waive
any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve
the interests of the Village.
Vice-Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kyle Stone
Village Manager Jeremy Allen
K KW Power Systems, Corp. Quotation
10603 NW 122 St.
POWER SYSTEMS Medley, FL 33174 Date Estimate#
EC 13008762
4;22/2020 4490
Name/Address Ship To
VILLAGE OF TEQUESTA VILLAGE OF TEQUESTA
345 TEQUESTA DRIVE 345 TEQUESTA DRIVE
TEQUESTA,FL 33469 TEQUESTA,FL 33469
1�
j
Terms Model Serial
Net 30
Description
RFQ#UTIL 05-20
PICK-UP GENERATOR SET AND DELIVER KWPS SHOP IN MEDLEY
REPLACE GENERATOR END AND GENERATOR CONTROLLER.
(CONTROLLER INCLUDES NEW CONTROLLER BOX,TEMP AND OIL SENSORS.CURRENT TRANSFORMERS.WIRING HARNES
MODIFY MOUNTING BRACKETS FOR NEW GENERATOR END 1F NEEDED.
PAINT NEW GENERATOR END CAT YELLOW TO MATCH GENERATOR SET.
DELIVER GENERATOR SET BACK TO VILLAGE OF TEQUESTA.
210KW STANDBY RATING GENERATOR,MARELLI, 12 LEAD,480V,3PH
P9X310 24V BASE PANEL.210KW 480V 3/6OHZ 24VDC DIGITAL CONTROLLER. 1
Miscellaneous Parts
shipping eharges
Labor
NOTES:
WILL PAINT NEW GENERATOR END AND MODIFIED SKID CAT YELLOW TO MATCH REST OF GENERATOR SET.
I
ADDER:not included in quote
PMG UPGRADE S 1,661.00
i
AUTHORIZED APPROVAL:
.1'ng,oralin '14 .ih"": .,ur..di.p�� ll��(nlla., .rot�m:ri:.d..,.hinlinchandlinuandlahurinperliaIII juhdc.,rrilAl;1hotedurin_ I
nn!mal ` .;nr•h,,,i Ai••.`.I hmu,�h I`ii.l•` r.nm ti:on.A!.I to :oltPAL Subtotal y14,t)49,5(1
•R\VI'ti i,n.,.e,hnn-ihlr��n Jnr. I^iinluLrIh.il nLty he nsplii�•d n,pafi,lin.lm ul uw',rnie,�,.
•Job. 6:1 lapin.,prci,d ortic•)11,111,t ill not go un the'dmItIle until hart,me in uur,uuchuusv. A tantpor'lly dtuc may ha pion and is
Sales Tax (0.0%)
's"„rent king 16:gill he eharerd to all c tccldd propoads along with any liciaht chwpes incurred litr am,p;Tial ordanal loris.
•Pn,po,ul docs not includ':ally additional work required due to tntliu',`seen problem,Ihut play he iliccuten`d,dicr ovrl.has be un.
'All.ale.,I.le i,dua on!Ill nock unl ;s it,alid laoaeelupl cenil!':ow i„uphlied. Total
-This proposal is acparate titan any previou «
s riurn or implied and requires aun and purclia,c order to proceed. y I4.949.50
Phone# Fax# E-mail Web Site
305-887-0780 305-437-7679 into(ii kwlioiversystenu.coln wwwAwpoworsystems.com