HomeMy WebLinkAboutQUINN POWER SYSTEMS (QUINN GROUP, INC.)INSURANCE NOT ON FILE
WORK MAY NON PROCEED
CITY CLERK
DATE: JUN 0 3 2024
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1. DATE:
2. PARTIES:
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Quinn Power Systems
Post Office Box 226789
Los Angeles, CA 90022-0489
EQUIPMENT STORAGE AGREEMENT
(Equipment owned by others)
BASIC TERMS
January 2, 2024 (the "Effective Date")
QUINN GROUP, INC. by and through a division
Known as QUINN POWER SYSTEMS ("Quinn")
City of Santa Ana ("Owner")
Any DBAs: N/A
3. OWNER ADDRESS:
4. OWNER CONTACT: H.Chou
City of Santa Ana Public Works
220 Daisy Ave
Santa Ana, CA 92703
Phone:714-647-3571
Email: hchou@santa-ana.org
5. DESIGNATED STORAGE FACILITY/LOCATION: Quinn Power Systems
3500 Shepherd St
City of Industry, CA 90601
6. STORAGE FEE: $500/month, Per Generator/filter (X2), starting on January 8, 2024 for a
period of 1 year. Payable when owner takes possession. Total amount shall not exceed
$12, 000.
7. LIST OF EQUIPMENT: See Attachment A
8. NOTICES: Any written notices sent electronically as required by this Agreement shall be
directed to the following Quinn employees:
Employee
Daniel Finnegan
Zeus Galindo
Gabriel De La Torre
Employee Email Address
Daniel.finnegan@quinnpower.com
zeus.galindo@quinnpower.com
gdellatorre@quinnpower.com
N-2024-186
The Terms and Conditions set forth below are incorporated herein by this reference
Initials: Owner
Z�? f�'
Initials: Quinn
TERMS AND CONDITIONS
This STORAGE AGREEMENT is entered into by and between Quinn and Owner as of
the Effective Date. These Terms and Conditions and the Basic Terms together comprise the
"Agreement". Paragraph references are to paragraphs in the Basic Terms.
RECITALS
A. The Equipment for which title remains with Owner and which is listed in Attachment
A referenced in Paragraph 7 has been delivered to the designated storage facility In
Paragraph 5 (the "Designated Facility").
B. Owner has asked Quinn to store the Equipment for Owner at the Designated Facility.
Quinn is wliling to store the Equipment for Owner on the Terms and Conditions set
forth in in this Agreement,
C. NOW THEREFORE, Owner and Quinn agree as follows:
1. Storage, Quinn will store the Equipment at the Designated Facility in the same
manner as it stores its own equipment and using the same standard of care as it
uses with its own equipment. The Equipment will be segregated from other Items of
equipment and will be identified as being owned by Owner.
2. Storage Fee. Owner shall pay to Quinn the storage fee set forth in Paragraph 6
-(the"Storage-Fee").-If.and-in-the -event-this -Agreement-continues-beyond-the---- -
period of time set forth in Paragraph 6, Owner shall pay additional Storage Fees at
the same monthly rate for so long as the Equipment is stored at the Designated
Facility, The Storage Fee shall be paid by Owner to Quinn in monthly installments
or, at the election of Quinn, in one lump sum when Owner takes possession of the
Equipment.
3. Addition and Removal of Equipment. For the protection of both parties to this
Agreement, Owner agrees to provide Quinn notice In writing in accordance with the
requirements of Condition 6 below for any addition or removal of the stored
Equipment. At least one (1) business day shall be provided with said notice. In
adding or removing equipment, the list in Attachment A must also be amended by
Owner and provided with the notice so at all times the Equipment listed in
Attachment A matches the Equipment physically stored at the Designated Facility.
The revision date on the current Attachment A must be consistent with the most
recent written notice provided by Owner.
4. Risk of Loss: Insurance. From and after the Effective Date or delivery of Equipment
to Designated Facility, whichever may occur first, Owner assumes all risk of loss,
damage, and liability, including without limitation loss of damage to fire, theft,
vandalism, flood, wind or earthquake, for and in connection with the storage of
Equipment while on Quinn's premises. It is Owner's responsibility to keep
Equipment fully insured against damage, destruction and loss and liability of every
kind while the Equipment is in possession of Quinn at the Designated Facility.
Section 4.1:
Quinn shall procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or In connection with the performance of the
work hereunder and the results of that work by Quinn, his agents, representatives, employees or
subcontractors, Quinn shall only be liable for, and insurance proceeds shall only be available to Owner
for, Claims arising as a result of Quinn's negligence or willful misconduct in performing this Agreement.
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92701
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
"occurrence" basis, including products and completed operations, property damage, bodily injury and
,personal & advertising -Injury -with -limits no -less tham$r,000;000'je1 occurrence, and- $20K,000 In thi
aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to
this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Quinn has no
owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per
accident for bodily injury and property damage.
• Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily Injury or
disease.
If Quinn maintains broader coverage and/or higher limits than the minimums shown above, the Owner
requires and shall be entitled to the broader coverage and/or the higher limits maintained by Quinn.
Any available insurance proceeds in excessof the specified minimum limits of insurance and coverage
shall be available to the Owner.
Other Insurance Provisions
The Insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Owner, its officers, officials, employees, and volunteers are to be covered as additional insureds on
the CGL policy with respect to liability arising as a result of Quinn's negligence or willful misconduct in
performing this Agreement, General liability coverage can be provided in the form of an endorsement
to Quinn's Insurance (at least as broad as ISO Form CG 20 10 1185 or If not available, through the
addition of both CG 2010, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 If a later edition is used).
Primary Coverage
For any Claims arising as a result of Quinn's negligence or willful misconduct In performing this
Agreement, Quinn's Insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104
13 as respects the Owner, Its officers, officials, employees, and volunteers, For any Claims arising as a
result of Quinn's negligence or willful misconduct in performing this Agreement, insurance or self-
insurance maintained by the Owner, its officers, officials, employees, or volunteers shall be excess of
Quinn's Insurance and shall not contribute with it.
Notice of Cancellation
Each Insurance policy required above shall provide that coverage shall not be canceled, except with
notice to the Owner.
Self -Insured Retentions
___Self-insuredretentions-must-be-declared-to and -approved by the owner. Thee OwfTer may require Quinn
to r provide proof of ability to pay losses and related Investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be endorsed to provide, that the
self -insured retention may be satisfied by either the named insured or Owner.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Rest's rating of no less than A:VII, unless otherwise acceptable to the Entity,
Verification of Coverage
Quinn shall furnish the Owner with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements
to the Owner. Entity before work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive the Quinn's obligatlon to provide them.
The Owner reserves the right to require complete, certified copies of all required Insurance policies,
Including endorsements required by these specifications, at anytime.
subcontractors
Quinn shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Quinn shall ensure that Owner is an additional Insured on Insurance required from
subcontractors.
Special Risks or Circumstances
Owner reserves the right to modify these requirements, Including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
S. Indemnity. Neither party shall be responsible for any consequential damages, lost profits,
expenses, or costs In connection with the storage of Equipment. Each parry hereby agrees to indemnify,
defend and hold harmless, the other party from and against any and all costs, expenses, claims,
damages, fees, penalties, suits, actions, proceedings, losses, liabilities, and other obligations ("Claims"),
including reasonable attorney's fees, resultingsolely from the negligence or willful misconduct of the
Indemnifying party, connected with the storage of the Equipment at the Designated Facility.
6. Notice Any notice to be given under this Agreement shall be in writing. Notices shall be
effective if transmitted by facsimile, hand delivered, sent by recognized overnight delivery
service, or United States first-class mail, postage prepaid, addressed to the parties Identified In
Paragraph 8 at the address listed in this paragraph. Notices may also be accepted electronically
via email to the recipients listed In Paragraph 8. provided that Owner has received a return
email acknowledgement from one or more of the recipients listed. Notices given by facsimile
transmission, overnight delivery service or email shall be effective the first business day after
the notice was submitted. Notices by hand shall be effective upon delivery. Notices given by
United States first-class mail shall be deemed effective upon receipt. Notices provided by mail
shall be sent to:
Quinn Power Systems
P.O. Box 226789
Los Angeles, CA 90022-0489
Default. Should Owner in any way fail to observe or comply with any provision of this
Agreement, Quinn may, at Its sole option and, without notice or demand, exercise any
and all of the following remedies:
a, Termination of this Agreement;
b. Declare any outstanding storage fees due and payable and initiate legal process
to recover the monies;
c. Demand the Equipment to be removed from the Designated Facility as per
Condition 8 below;
d. Pursue any of the remedies available to Quinn under California law (exercise of
any remedy available to Quinn shatl not constitute an election of remedies or a
waiver of any additional remedies to which Quinn may be entitled).
8. Termination. Quinn may terminate this Agreement at any time upon fifteen (15) days'
prior written notice to Owner. Owner may terminate this Agreement at any time upon five
(5) business days' prior written notice to Quinn. Upon termination of this Agreement,
Owner shall remove the Equipment from the Designated Facility. Owner shall arrange
for the packing and transportation of the Equipment from the Designated Facility, and
shall pay any and all costs of packing, shipping and transporting the Equipment, and any
other costs that may be incurred in the removal of Equipment from the Designated
Facility.
9. Entire Agreement: Amendment. This Agreement represents the entire agreement of the
parties concerning the matters set forth herein and therein. This Agreement may only be
modified or amended by an agreement in writing executed by each of the parties.
10. Governing Law. This Agreement and the rights and obligations of the parties hereunder
shall be governed by, and shall be construed and enforced in accordance with, the laws
of the state of California, without regard to conflicts of laws.
11. Jurisdiction. Any controversy arising under this Agreement shall be litigated exclusively
in the County of Los Angeles, State of California. The state and federal courts therein
with jurisdiction shall have exclusive jurisdiction over all such controversies. Owner
irrevocably consents to service, jurisdiction and venue of such courts for any such
litigation and waives any other venue to which it might be entitled.
12. Attorney's Fees. In the event either party commences an action to enforce this
Agreement, the prevailing party in such action shall be entitled to recover its costs and
expenses, including without limitation attorney fees.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
above written.
QUINN: OWNER:
QUINN GROUP, INC., a California corporation, City Of Santa Ana Public Works
By and through its division Quinn Power Systems See Attached signature page
By Daniel Finnegan By: Nabil Saba
Title: Sales Manager Title: Executive Director
Date: 2/13/24
Signature:
Date: 5/22/24
Signature: % y�
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
NNIF , L. H L
City Cl �
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martoiei
Assistant City Attorney
CITY OF SANTA A
ALVARO NUNEZ
Acting City Manager
RECOMMENDED FOR APPROVAL:
oI G4
Nabil Saba, PE
Executive Director,
Public Works Agency
G
Equipment Model
C13 350KW Generator
C13 400KW Generator
Rypos RH406-L
Revised Date:
Agreement Initial Effective Date
ATTACHMENT A
STORED EQUIPMENT LIST
Eguipment Description Equipment Serial Number
350KW Stationary Generator Set T3201163
400KW Stationary Generator Set T3201164
Diesel Particulate Filter
Rypos RH408 L Diesel Particulate Filter
R1674P
R1675P