Loading...
R-04-07-08-9E2 - 7/8/2004 RESOLUTION NO. R-04-07-08-9E2 WHEREAS, the City of Round Rock has a need for . generator maintenance and repair services for various City facilities, and WHEREAS, pursuant to section 252 . 021 (a) of the Local Government Code, bids for said services were not required since the cost will be less than $25, 000, and WHEREAS, the City issued a Request for Quotation for vendors to provide said services, and WHEREAS, Fleet Maintenance of Texas has submitted a quote to provide said services which has been determined to provide the best value to the City, and WHEREAS, the City Council wishes to enter into an Agreement for Purchase of Generator Maintenance and Repair with Fleet Maintenance of Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Generator Maintenance and Repair with Fleet Maintenance of Texas, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RFSOLi7TI/R4070BE2.WPD/sc RESOLVED this 8th day of July, 2004 . LL, or C' of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secr ary 2 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERATOR MAINTENANCE AND REPAIR FROM THE STATE OF TEXAS FLEET MAINTENANCE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for services to provide maintenance and repair of generators., (referred to herein as the "Agreement') is made and entered into on this the , 2004, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and Fleet Maintenance of Texas., whose offices are located at 4812 East 7 1hStreet, Austin Texas (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: and WHEREAS, City desires to purchase Generator Maintenance and Repairs from Vendor; WHEREAS, City has issued its "Solicitation" for City to provide said services, and City has selected the solicitation response submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods or services and Vendor is obligated to sell specified goods or services. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. EXHIBIT "All Ttill 1 D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for a twelve-month period of time. C. City reserves the right to review the Vendor's performance at any time during the initial agreement or renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods or services as outlined in Exhibit "A"attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit A: a. City's Solicitation designated as RFQ No. 04-010 "Generator Maintenance and Repair Services, b. Specification Number 04-936-39, revised April 2004 C. Vendor's Response to solicitation; d. Any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Bidder's Response to Solicitation; (3) City's Solicitation, exhibits, and attachments. 2 4.01 ITEMS AWARDED The goods or services, which are the subject matter of this Agreement, are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 5.01 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. The base line index shall be the index announced for the month in which the solicitation was opened. Unit prices may be adjusted for each renewal period in accordance with changes in index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one- hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the goods or services as d etermined by C ity's b udget for t he f iscal year i n q uestion. C ity in ay effect s uch termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty(30) days of the day on which 3 City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached solicitation number 04-010 and its bid response. 4 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Pete Dominguez Public Works—Building Maintenance 215 Lamar Round Rock, Texas 78664 512-341-3144 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may b e made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the goods or service and that it may not be considered in future bids for the same type goods or service unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. 5 D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and s tate 1 aws, t he C harter a nd O rdinances o f t he C ity of R ound R ock, a s amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives t o e ach other w ith r espect t o t he t erms o f t his A greement. N either p arty s hall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 21.01.1 When delivered personally to the recipient's address as stated in this Agreement; or 6 21.02.1 Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Fleet Maintenance of Texas. 4812 East 7th Street Austin, TX. 78702 Notice to City: James Nuse, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any s uch d ispute o r c laim w ill b e sought t o b e resolved w ith t he h elp o f a in utually s elected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 7 void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS FLEET M TENANCE OE TX By: By: Nyle Maxwell, Mayor Title: Date Signed: Date Signed: ATTEST: Christine R. Martinez, City Secretary Date Signed: 8 EXHIBIT "A" 9 04/27/2004 14:35 5123858427 FLEET MAINT OE TX PAGE 02 Arwduu4 REVISED REQU6sT FOR QUOTATION CITY OF ROUNb ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Taxas 76664-5299 DUE DATE: Aril 23,2004 TIME: 3:00PM CITY CONTACT: CAROLYN BROOKS VENDOR: ,QA S FAX V 512-218-7028PIIpNE: 51 -218-5457 ADDRESS: MAILING AND STREET ADDRESS: CtTY(STATE PHONE# 7Z- -Q 7 CITY OF ROUND ROCK,PURCHASING DIVISION FED IDO ��aDAa4 FAXiF - �c( 221 EAST MAIN S7RFET ROUND ROCK.T�C7ti684 SIGNATURE OF PERSON AUTHORIZ40 To QUOTE: 'By the alaneturo he mvo nlrued,the btdderhersby eetiMka Ilmt nellher the Dlddernor tic entity represented by the bidder,or anyone acung for such endbl has viwied the antitrust tewi of this Slats,rddMdd h Section ism et seq..Taw=B"nebs ana Cotnmarm Codc,at U*Faaaral en01w laws,nor canlmunieeleo dimcdy or Indirectly,the quote rmae to any CwWaIlWr or any othv perlon engaged In avdt fine or bualness.' INSTRUCTIONS TO BIDDERS • Fumish one copy of quote by mail or rax before due date ' All deliveries shall be FOB Destination,direct frcight prepaid and allowed ' All City of Round Reek purchase terms and Conditions shall ap0(y All quotes racelved shall be evaluated based on the yoct value for the City,best value will be determined by considering all or pan of the criteria listed,as wail as any relevant cr QAQ spaelflcally I"tsied in the solicitation: Bid price,Reputation of the bidder and of bidders goods and services,quality of the bidder's goods or services,the extant to which the 9aods or sorvleas meet the City's needs and bidder's past relationship with the City. ITEMS CLASS 6 RE6t DE3CR11rnoN QTY I UNIT IMAKEW it. W dT F�reNSwN =16'29 PRICE THIS IS TO ESTABLISH A MULTI-YEAR CONTRACT TO PROVIDE MAINTENANCE SERVICE FOR CITY OWNED GENERATORS AS IDENTIFIED ON AYTACHMENT"A"OF THE SPECIFICATION NO.0¢936-39,R0ASED APRIL 2'004(13 pgs)ATTACHED. FOR INFORMATION PURPOSES ONLY PLEASE PROVIDE THE FOLLOWINGl REFERENCES: �` Name -t' Phone -Z -a 1 Name Phone Neme w,w Phone - t3 SIT&MslYbATE: Aard 21.20aa MI!: I otiPLl LOCATION: 17,1E Maln Strset Lobby.R—nd Rook,TX CONTACT PERSON: PETE DOMINGUEZ PHONE TO CALL: 512,341-0140 1 CENERATOR FIRE STATION 2 QUARTERLY IPM) 3 QTR /v AllGC ANNUAL MAINT,(A►1) I CTR %7 4-00: /74- d c PARTSFORAM I EA. Z GENERATOR FIRE STATION 3 QUARTERLY(PM) 3 CTR ANNUAL MAIM.(AM) t QTR 2q-04' PARTS FOR AM 1 EA 3 GENERATOR FIRE STAMN 4 QUARTERLY(PM) 3 QTR /OL;.Z,v 00.4V ANNUAL MAINT.(AM) 1 GTA /75. QU /79,00 PAM FORAM I EA dg QC 0O0. 4 GENEPATOR FIRS STATION 5 QUARTERLY(PM) 3 QTR ANNUAL b1AINT,(AM) 1 GTR / CC) / 7y°.G'G PARTS FOR AM 1 E4 3 Z Clel t f 2•[,41 5 GENERATOR FIAG STATION a QUARIVALY(PM) 3 DTR M3CG7,C:-0 .-... ANNUAL MAINT.(AM) o QTR 00 ! TSI• _ PARTS FOR AM 1 GA 6 GENERATOR POLICE DEFT 1 QUARTERLY(PM) 3 QTR /GU,<,C; �ejeV•G'�' - ANNUAL MAINT.(AM) I OTR GV i /?1•tib PARTS FORAM 1 EA /��, ! 3/•LY/ 04/27/2004 TUE 14:52 1T%/R% NO 71871 11002 04/27/2004 14.35 '5123858427 FLEET MAINT OE TX 04/ZZ/ZUV4 11!bH t'AA biZZ16'iuz1 wnx'r�aA�rucoii�u PAGE 01AGS+ �./ ROUND R0(,-,K, TEXAS PURPOSE. PASSION. PROSPERITY rtl� QUEST FOR QUOTAS Z01V / ADDENDUM ATE: April 22. 2004 CITY CONTACT: Carolyn Brooks PHONE # 51.2.218-5457 FAX #: 512-218-7028 The EOHowing changes have been made to RFQ for Generator Maintenance: • REVISED QUOTE SHEET SHALL REPLACE THE ORIGINAL FAXED APRIL 19, 2004. Paragraph 5.1, PART II, page 8 of specification No. 04-936-39 is changed to delete " unlimited Interim service calls from the first sentence. • Paragraph 7, PART ll, page 9of Specification No. 04-936-39 is changed from: REMEDIAL MAINTENANCE to REMEDIAL SERVICE, as well as all references for the term through out the solicitation. • Revised Attachment A to include: Stone Oak Lift Station ■ All other terms and conditions remain unchanged. MAIL RESPONSE TO: PHYSICAL LOCATION: City of Round Rock City of Round Rock Purchasing Dept- 2nA Floor Council Chambers, Int floor 221 East Main Street - 221 East Main Street Round Rock, Teams 78664 Round Rock, Texas 78664 Phone: (512) 218-5400 04/27/2004 TUE 14:52 (T%/R% NO 71871 ID001 04/27/2004 14:35 5123858427 FLEET MAINT OE TX PAGE 03 ITEM 4 CLASS 6 ITEM 065GRIPTION QTY UNJT MAKFJMDDEL UNIT EXTENSLON 036.39 PFJcE 7 GENERATOR PARD 1 QUARTERLY(PM) 3 QTR 149C ANNUAL MAW,{AMI 1 QTR ! -7 cl,� � 7 11-U PARTS FORAM 1 EA e GENERATOR CENTRAL FIRE QUARTERLY(PM) 3 47R ! DG ANNUAL"WT.(AM) 1 QTR PARTS FOR AM 1 Er► ! 3't' lJ U 9 GENERATOR PUH WKS 1 QUARTERLY(PM) OTAOG.Lir $ j00.CO ANNUAL I+IAINT.(AA1) 1 QTR %7y•G PARTa FOR AM 1 f3A 131, ♦�. cao $�lz.ao 10 GGNERATOR HILTON OUARTERLY(4Ml 3 OTR •��• ANNUAL MAINY.IAM) 1 QTR iG�G.CO ��'�•u PARTS FORAM 1 MA 11 GENERATOR CARNOUSTY QUARTERLY(PM) 3 OTR Dc;,(4'� 1� 043 ANNUAL JdAINT.(AM) t OTR �t �CJG7•4�1O PARTS FORAM 1 EA 1Z 43F.NERATOIR TREVINO QUARTERLY(PM) I QTRl /7�• ANNUAL MAINT.(AM) 7 OTIR Z 6�1 PARTS FOR AM 1 EA 5,( J 1 L( CL 19 GENEPAVOR BAY HILL QUARTERLY 0441 3 QYR I(DS,co 'h 1445-<x ANNUAL MAINT,(AM) 1 QTR9.t oS.l L Cb PARTS FOR AM I l;d j a„(�,(� (kSICY) 1A GENERATOR OAKLANDS QUARTERLY(PM) 3 QTR lryS� �uSS•Cd ANNUAL MAPN'T.(AM) 1 QTR PARTS FOR AM 1 F4 l��j_r7U C 4S�I� 15 GENERATOR LAKE Q-TWN QUARTERLY(PN) 9 CTR //V� ANNUAL MAINT.(AM) 1 QTR (be C C �Gi D''•LX PARTS FOR AM i NA •7((✓ L t 0,GJ 1e GENERATOR STONE OAK QUARTERLY(PM) a QTR S icy � �(-I;x GL ANNUAL MAINT.(AM) 1 qTR PAR-i Z FOR AM 1 EA ) 17 ).AEOR PATE•REG HOURLY RATE i 1 HR (� ?U.Uo MINIMUM CHANGE IIF AW CF---L HOURS C 19 LABOA RATE.A0TQR HOURS RATE i HK j• �, 7 �%� MINIMUM CHANGE(IF ANY)OF I HOURS 19 CMERGeVr-Y-REG HOURLY RATE 1 HR MINIMUM CHANCE O!ANY)OF HOURS V Yv U 20 CMSRGFf/CY•AFTER HOURS RA 1 HR etc? Cy JAINMMUM CHANGE Oc'ANY)OF HOURS C1.-7 CI 11 ANNUAL LOAD CHECK ON ALL MACHINES ON ATCH•t1 1EA '! NOTE:FOR EVALUATION PURPOSE THE CITY t5 LOQKiNG FOR 5 W FLAT FEE INCLUSIVE OF MACHINE RENTAL,ONE NOUF LOAD TEST ANO W3CR COVS, 7Z TRIP CHARGE 36 EA (NOTE IT IS UNDE93TOOD BY BOTH PARTIES THAT A SINGLE TRIP AND NOT MILA/GE WILL BE INVOICED BT SUPPLIER PER sgRvICE ' If TRIP FOR TH i l.1GE OF THIS CONTRACT,TNIRTTSIX(3B)TRIPS LS ONLY AN 6ITIMATE AND USED FaR BUDGETING PURPORES ONLY, (e.g:1 eenmtar sm-Aced-1 bop ofurge;3 germaLbm zer Amd.I(ria dyg-) TOTAL FOR ONE YEAR S r �l�-0 04/27/2004 TUE 14:52 (TX/RX NO 71871 Q003 GENERATOR MAINTENANCE 4/292004 1 of 2 REVISED REQUEST FOR QUOTATION CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 DUE DATE: Aril 23 2004 TIME: 3:OOPM CITY CONTACT: CAROLYN BROOKS VENDOR: FAX# 512-218-7028 PHONE: 512-218-5457 ADDRESS: MAILING AND STREET ADDRESS: CRY/STATE PHONE# CITY OF ROUND ROCK,PURCHASING DIVISION FED ID# Fax#: 221 EAST MAIN STREET,ROUND ROCK,TX 78664 SIGNATURE OF PERSON AUTHORIZED TO QUOTE: 'By the signature hereon affixed,the bidder hereby ceAifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this Slate,codified in Section 15.01 el seq.,Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the quote made to any competitor or any other person engaged in such line of business.- INSTRUCTIONS TO BIDDERS Furnish one copy of quote by mail or fax before due date All deliveries shall be FOB Destination,direct freight prepaid and allowed All City of Round Rock purchase terms and conditions shall apply " All quotes received shall be evaluated based on the best value for the City,best value will be determined by considering all or part of the criteria listed,as well as any relevant criteria specifically listed in the solicitation: Bid price,Reputation of the bidder and of bidder's goods and services,quality of the bidder's goods or services,the extent to which the goods or services meet the City's needs and bidder's past relationship with the City. ITEM# CLASS&ITEM DESCRIPTION 936-39 QTY UNIT MAKE/MODEL UNIT EXTENSION THIS IS TO ESTABLISH A MULTI-YEAR CONTRACT TO PROVIDE MAINTENANCE SERVICE PRICE FOR CITY OWNED GENERATORS AS IDENTIFIED ON ATTACHMENT"A"OF THE SPECIFICATION NO.04-936-39,REVISED APRIL 2004(13 pgs)ATTACHED. FOR INFORMATION PURPOSES ONLY PLEASE PROVIDE THE FOLLOWING REFERENCES: I I Name Phone Name Phone Name Phone SITE VISIT DATE: April 21,2004 TIME. 1:00PM LOCATION: 221 E.Main Street,Lobby,Round Rock,TX CONTACT PERSON: PETE DOMINGUEZ PHONE TO CALL: 512-341-3144 1 GENERATOR FIRE STATION 2 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 2 GENERATOR FIRE STATION 3 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 3 GENERATOR FIRE STATION 4 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 4 GENERATOR FIRE STATION 5 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 5 GENERATOR FIRE STATION 6 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 6 GENERATOR POLICE DEPT 1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA GENERATOR MAINTENANCE 4292004 2 o/2 ITEM# CLASS&ITEM DESCRIPTION QTY UNIT MAKE/MODEL UNIT EXTENSION 936-39 PRICE 7 GENERATOR PARD1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 8 GENERATOR CENTRAL FIRE QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 OTR PARTS FOR AM 1 EA 9 GENERATOR PUB WKS1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 10 GENERATOR HILTON QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 11 GENERATOR CARNOUSTY QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 12 GENERATOR TREVINO QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 13 GENERATOR BAY HILL QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 14 GENERATOR OAKLANDS QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 15 GENERATOR LAKE G-TWN QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM i EA 16 GENERATOR STONE OAK QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 17 LABOR RATE-REG HOURLY RATE i HR MINIMUM CHANGE(IF ANY)OF HOURS 18 LABOR RATE-AFTER HOURS RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 19 EMERGENCY-REG HOURLY RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 20 EMERGENCY-AFTER HOURS RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 21 ANNUAL LOAD CHECK ON ALL MACHINES ON ATCH-8- 1 EA NOTE:FOR EVALUATION PURPOSE THE CITY IS LOOKING FOR FLAT FEE INCLUSIVE OF MACHINE RENTAL.ONE HOUR LOAD TEST AND LABOR COSTS. 22 TRIP CHARGE (NOTE: R IS UNDERSTOOD BY BOTH PARTIES THAT A SINGLE TRIP 36 EA AND NOT MILAGE WILL BE INVOICED BY SUPPLIER PER SERVICE TRIP FOR THE LIFE OF THIS CONTRACT. THIRTY-SIX(36)TRIPS IS ONLY AN ESTIMATE AND USED FOR BUDGETING PURPOSES ONLY. (e.g.:1 generator serviced-1 trip charge;3 generators serviced-1 trip charge) TOTAL FOR ONE YEAR CITY OF ROUND ROCK SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 GENERATORS: ON-SITE PREVENTIVE MAINTENANCE AND REMEDIAL SERVICE 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor for on-site preventive maintenance and remedial service by trained technicians for generators at location(s)listed on Attachment A. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City—Identifies the City of Round Rock, Williamson County,Texas. 2.3. Contract—A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services,and obligating the City to pay for it. 2.4. Contractor—A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials,supplies,commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which,when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified,and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment,labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION:For clarification of specifications, bidders may contact: Carolyn Brooks City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PARTI GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property,the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. Page 1 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s)or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST VALUE EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past, performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall furnish the following information at a minimum: 5.1. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the exact technology for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 5.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 6. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations,and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,workers'compensation laws, minimum and maximum salary and wage statutes and regulations,and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 7. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 8. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service(if any)and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Page 2 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 9. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 10. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents,representatives,volunteers, employees or subcontractors. 10.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 10.2. The following standard insurance policies shall be required: 10.2.1. General Liability Policy 10.2.2. Automobile Liability Policy 10.2.3. Worker's Compensation Policy 10.3. The following general requirements are applicable to all policies: 10.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 10.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 10.3.3. Claims made policies shall not be accepted,except for Professional Liability Insurance. 10.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 10.3.5. Policies shall include, but not limited to, the following minimum limits: 10.3.6. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 10.3.7. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 10.3.8. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person,and$300,000.00 for each occurrence, and Property Damage Minimum limits of$50,000.00 for each occurrence. 10.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 10.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 10.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. Page 3 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 10.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 10.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 10.5.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear)as to all applicable coverage. 10.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 10.5.4. Remove all language on the certificate of insurance indicating: 10.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 10.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 10.5.5. Provide for notice to the City at the addresses listed below by registered mail: 10.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 10.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 10.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 10.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 10.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager CityAttorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 78664-5299 Round Rock, TX 78664 10.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 10.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 11. WORKERS COMPENSATION INSURANCE:Texas Labor Code,Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 11.1. Certificate of coverage -certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory Page 4 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 11.2. Duration of the vroiect-includes the time from the beginning of the work on the project until the CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER. 11.3. Persons providing services on the project("subcontractor")in Section 406 096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project,regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors,leasing companies,motor carriers, owner-operators,employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing,hauling,or delivering equipment or materials,or providing labor, transportation,or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 11.4. The CONTRACTOR shall provide_coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 11.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 11.6. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project,the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 11.7. The CONTRACTOR shall obtain from each person providing services on a project,and provide to the OWNER: 11.7.1. a certificate of coverage,prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 11.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 11.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 11.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 11.10. The CONTRACTOR shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. Page 5 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 11.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 11.11.1. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas labor Code, Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 11.11.2. provide to the CONTRACTOR,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 11.11.3. provide the CONTRACTOR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 11.11.5. a certificate of coverage, prior to the other person beginning work on the project; and 11.11.6. a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project 11.11.6.1. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 11.11.6.2. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 11.11.6.3. contractually require each person with whom it contracts, to perform as required by paragraphs(A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 11.12. By signing the solicitation associated with this specification,or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self- insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties, or other civil actions. 11.13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. Page 6 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 12. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 13. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 14. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 15. AGREEMENT:The term of this Agreement shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 16. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month agreement period and to cancel all or part of the Agreement (without penalty)or continue the agreement through the next period. 17. PRICE ADJUSTMENT:The City may permit"unit price"adjustments upward and downward, as a result of a cost increase or decrease in product or commodity in accordance with the Producers Price Index(PPI). Any price increase shall be requested by the Contractor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable PPI percentage change. 18. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 19. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,without penalty,at any time the City deems the vendor to be non-compliant with contractual obligations. 20. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Contractor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 20.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 20.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or Page 7 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 20.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 20.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 21. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seg. PART 11 SPECIFICATIONS �. SCOPE:This specification describes a service to provide labor and materials for on-site preventive and remedial service by factory trained technicians for generators at location(s)to include, but not limited to Attachment A. 2. STATEMENT OF INTENT:These specifications cover only the general requirements as to the performance and certain details to which the successful bidder shall conform. Bidders shall be responsible for furnishing and installing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 3. ADDITIONS/DELETIONS: Equipment may be added or deleted during the term of the purchase order/contract. Prices bid shall be used for adding/deleting such equipment. 3.1 If new equipment is procured during the term of the purchase order/contract, City reserves the option to add the equipment at the vendor's current basic monthly charge less any applicable discounts. 4. MAINTENANCE PARTS: Eighty-five percent of all parts shall be on-site within twenty-four business hours for repair of equipment.All remaining parts shall be normally on-site within forty- eight hours. Maintenance does not include normal operating supplies. 4.1 Refurbished parts may be used on an exchange basis; however, the refurbished parts shall be equivalent to new. 4.2 Rental Generator, if required, shall be provided to City by supplier as a separate expense outside the realm of this maintenance Contract and will be authorized by issuance of purchase order. 5. PREVENTIVE MAINTENANCE:shall be performed on equipment to include but not limited to locations shown on Attachment A. 5.1 Provide a minimum of four(4)quarterly Preventive Maintenance(PM)calls annually. Quarterly visits are defined to mean substantially spaced visits that are spaced three(3)months apart. During each of the quarterly inspections,all systems are visually checked for potential problems,and are physically tested to assure reliability. Preventive maintenance service shall include, but not be limited to, items identified on Attachment B as a minimum. 5.2 Contact City Representative of any discrepancies,and advise as to the cost of repairs. No parts, supplies or annual services are included in the basic inspection costs. 5.3 Perform preventive maintenance at a time mutually agreed upon between the City representative and the vendor. Page 8 of 13 SPECIFICATION NO, 04-936-39 REVISED:APRIL 2004 6. ANNUAL MAINTENANCE(AM)shall be included in one of the three PM services. AM service shall be accomplished on each designated machine in the fall. AM shall include: 6.1 Checking fuel and changing (if needed),changing oil and oil filters, fuel filters, coolant filters, air filters, perform analysis on samples of oil and coolant, replace ignition parts(gas- gasoline units only), and test all safety shutdowns. At this time, a series of tests shall be conducted to ensure reliability and satisfactory interfacing between components. 7. REMEDIAL SERVICE: Remedial service shall be performed at the location(s)of equipment within time allocations specified after call for service. 7.1 Consistent failure by the vendor to respond to service calls within the allowed response time may place the vendor in default and subject to cancellation of the purchase order and, or contract. Consistent failure is defined as not responding within the allowed response time at any or all locations on three(3)out of five(5)consecutive occurrences. 7.2 Service technicians shall be fully qualified to work on the listed equipment and employed by the vendor on the effective date of this purchase order/contract. Vendor shall be able to verify that service personnel have had training with a minimum of one year of"hands on" experience working on the listed equipment. 7.3 Service technicians performing work shall remain on-site until the problem is resolved or until authorized to leave by the City site manager or designated point of contact(POC)as per Attachment A. 8. ENGINEERING CHANGES (EC): The vendor shall advise City within 30 days of Engineering Changes (EC)made available by the equipment manufacturer. City reserves the right to agree or disagree to the installation of the part at time of notification. When City agrees to installation, the following applies: 8.1 The equipment manufacturer, or their designated representative, shall install within 90 days of acceptance by City contract administrator. 8.2 EC will be authorized by the issuance of a purchase order separate from this contract. 8.3 At the end of this purchase order/contract the vendor agrees to estimate and quote the City for costs involved in bringing all equipment to current EC levels. Due to age of all City owned generators sets, EC levels shall NOT be interpreted to include generator replacement due to obsolescence. Also, Supplier agrees to replace, at the discretion of the City, any parts installed during the service period that was not manufactured by the OEM. 9. LOAD TEST:A load test shall be performed on each of the designated generators at a time agreed upon by City contract administrator and service supplier. Load bank equipment rental costs and AWGS personnel costs shall be included in the quoted fee. 10. TECHNICAL DOCUMENTATION: The vendor shall obtain necessary technical documentation pertaining to maintenance or service of the listed equipment. 11. MALFUNCTION REPORTS: Vendor shall complete and furnish a malfunction report for each maintenance or service call with the invoice.A copy of each malfunction report shall be presented with time and material maintained (if used outside the parameters of the monthly/annual charge) invoices no later than date of subsequent invoice for monthly maintenance. Reports shall include, as minimum, the following information: Date and time notification received. Date and time of arrival. 9of13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 Type and model of equipment. Time spent for repair. Description of malfunction. Date and time equipment is made operational. Part(s)ordered. The vendor shall ensure that both parties verify acceptance of equipment as completely operational. The vendor shall ensure that both parties sign a malfunction report. 11.1 Malfunction report must be signed by designated City Representative A for that machine and building. The Contract Administrator identified in this specification and they shall certify that the individual generators are again in working order. PART III DELIVERY,SERVICE,ACCEPTANCE AND PAYMENT 1. SERVICE: Contractor shall have service and maintenance available to the City and shall be able to respond to a request for service as specified. 1.1. Emergency Service—Contractor shall: 1.1.1. Respond within one hour of City's call(s)for service. 1.1.2. Be at location of required service within four hours after notification by City. 1.2. Perennial Maintenance—Contractor shall: 1.2.1. Respond within four hours of City's call(s)for service. 1.2.2. Be at location of required service with in twenty-four after notification by City. 3. INVOICING: Contractor shall submit one original and one copy of each invoice as required to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Contractor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late;or 4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or contract or other such contractual agreement. 10 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 PART IV ATTACHEMENTS Attachment A—Equipment Make, Mode, Type and Location Attachment B—Service Data 11 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 ATTACHMENT A EQUIPMENT AND THEIR LOCATION LOCATION EQUIPMENT Fire Station#2(to be added later) ONAN MDL#70GGHF DESEL, 70 KW, 87.5KVA 206 West Bagdad Ave. Round Rock TX Fire Station #3 ONAN MDL. #LTAEA30-3V126004F 1991 Rawhide, Round Rock TX Ser.#n/a p-plant Kubota eng. (no tag) Fire Station #4 Olympian MDL.#CD015—A162 2D18CBHYY 3300 Gattis School Rd., Round Rock TX Ser.#2019815, Power plant p/n 67057 2.2L Fire Station #5 Olympian MDL.#D50P1, Ser.#E6929A/001 350 Deepwood, Round Rock, TX P-Plant#LJ50418*U895845F, Perkins Turbo Fire Station #6(to be added later) ONAN MDL.#70GGHF DESEL, 70 KW, 7.5KVA 2919 Joe Dimaggio Blvd.,Round Rock,TX Police Department Kohler MDL#100R02J81, ser.#386549 615 E. Palm Valley Blvd. P-Plant MDL.#CD6059T3118811, SER. #6059TF003,John Deere Eng. Police Department ONAN, P-Plant MDL.#591205A51-5357 604 Palm Valley Blvd. Round Rock TX Ser. #53132476, Cummins Eng. Central Fire Station White, MDL.#D2300-X260,Ser.#XF3446344 203 Commerce, Round Rock,TX P-Plant MDL. 591205A51-5357, Ser.#30R0281,White Eng. Public Works Empire MDL.#400-0270,W.O#65-9834 2008 Enterprise,Round Rock,TX P-Plant, no tag, Perkins eng. Hilton Head Left Station Olympian MDL.#D150PI Round Rock,TX Carnousty Lift Station Generac MDL.#98A03027S Round Rock,TX Trevino Court Lift Station Olympian/Generac MDL#97A05559-S Round Rock,TX Bay Hill Lift Station Olympian MDL.#D40PS Round Rock,TX Oaklands Lift Station Lima MDL.#AC96759CGH Round Rock, TX Lake Georgetown Lift Station ONAN MDL.#900DFHC Georgetown,TX Stone Oak, Lift Station PERKINS, MDL D50P3, SERIAL OLYOOOOOTNPF01860 Round Rock TX 62.5 KVA, 50KW 480/277VOLTS 12 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 ATTACHMENT B Inspection List shall be inclusive of the following items as a minimum: Fb. RICATION System leaks 7. HOUSING/CABINETS Oil level a. General ilters b. Fit c. Decals 2. COOLING SYSTEM a. Leaks 8. DC ELECTRICAL b. Water level a. Batteries c. DCA/antifreeze Water level d. Filters Specific gravity e. Hoses Terminals f. Belts b. Engine safeties g. Cooling fans Ammunciator h. Block heater Battery charge rate I. Pillow block 9. AC ELECTRICAL 3. FUEL SYSTEM a. Brushes a. Fuel b. Instruments b. Leaks c. Regulator c. Filters d. Generator d. Lines e. Circuit breakers e. Tank levels f. Transfer switches f. Transfer pump g. Water separators 10. OPERATIONAL TESTS h. Solenoid a. Load/no load I. Wiring b. Voltage—AC/DC c. Amps—AC/DC 4. IGNITION SYSTEM d. Frequency a. Plugs e. Time delays b. Points f. Oil pressure C. Wiring 9• Engine temperature d. Coil e. Corrosion 11. OTHER 5. EXHAUST SYSTEM a. Leaks b. Condensation c. Turbo charger d. Flex pipe e. Rain cap NOTE: THE CITY SHALL BE f. Muffler NOTIFIED IN WRITING OF ANY CHANGES MADE TO THIS LIST 6. HOUSING/DOORS a. Hinges b. Panels c. Fit d. Leaks 13 of 13 DATE: July 2, 2004 SUBJECT: City Council Meeting - July 8, 2004 ITEM: 9.E.2. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Generator Maintenance and Repair from Fleet Maintenance of Texas. Department: Transportation Services Staff Person: Tom Martin, Director of Transportation Services Justification: The City recommends awarding the multi-year contract to Fleet Maintenance of Texas as the lowest responsible bidder. Funding: Cost: $ 19,125.00 Source of funds: Street Department Operating Funds Outside Resources: Fleet Maintenance of Texas Background Information: The City recommends awarding the multi-year contract to Fleet Maintenance of Texas as the lowest responsible bidder. The City has a good relationship with Fleet Maintenance, as they have maintained and repaired all the City's generators for the last five years. Fleet Maintenance is a HUB vendor. Public Comment: N/A Executed Document Follows CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERATOR MAINTENANCE AND REPAIR FROM FLEET MAINTENANCE OF TEXAS THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for services to provide maintenance and repair of generators, (referred to herein as the "Agreement") is made and entered into on this the 8-Uv Lc 2004, by and between the CITY OF ROUND ROCK, TEXAS, a home-ru e munici ality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and Fleet Maintenance of Texas., whose offices are located at 4812 East 7 t Street, Austin Texas (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Generator Maintenance and Repairs from Vendor; and WHEREAS, City has issued its "Solicitation" for City to provide said services, and City has selected the solicitation response submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods or services and Vendor is obligated to sell specified goods or services. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. 1 D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for a twelve-month period of time. C. City reserves the right to review the Vendor's performance at any time during the initial agreement or renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit A: a. City's Solicitation designated as RFQ No. 04-010 "Generator Maintenance and Repair Services, b. Specification Number 04-936-39, revised April 2004 C. Vendor's Response to solicitation; d. Any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Bidder's Response to Solicitation; (3) City's Solicitation, exhibits, and attachments. 2 4.01 ITEMS AWARDED The goods or services, which are the subject matter of this Agreement, are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 5.01 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. The base line index shall be the index announced for the month in which the solicitation was opened. Unit prices may be adjusted for each renewal period in accordance with changes in index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one- hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the goods or services as d etermined by C ity's b udget for t he f iscal year i n q uestion. C ity in ay effect s uch termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which 3 City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached solicitation number 04-010 and its bid response. 4 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Pete Dominguez Public Works—Building Maintenance 215 Lamar Round Rock, Texas 78664 512-341-3144 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may b e made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the goods or service and that it may not be considered in future bids for the same type goods or service unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. 5 D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and s tate 1 aws, t he C harter a nd O rdinances o f t he C ity of R ound R ock, a s amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives t o e ach other w ith r espect t o t he t erms o f t his A greement. N either p arty s hall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 21.01.1 When delivered personally to the recipient's address as stated in this Agreement; or 6 21.02.1 Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Fleet Maintenance of Texas. 4812 East 7`" Street Austin, TX. 78702 Notice to City: James Nuse, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any s uch dispute o r c laim w ill b e sought to b e resolved with the h elp o f a mutually s elected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 7 void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUN ROC XAS FLEET M TEN�A'NCE F TX By: By: C l Ny ell, ayor Title: Date Signed: 7-9-0 Ll Date Signed: -7 ATTEST: n WTChristine R. Martinez, City ecretary Date Signed: 74-Q 8 EXHIBIT "A" 9 04/27/2004 14:35 5123858427 FLEET MAINT OE TX PAGE 02 ar;tuuu� 1&s REVISED REQUEST FOR QUOTATION CITY OF ROUNt)ROCK PURCHASING OFFICE 221 E.Main Strget Round Rork,Texas 7R6s4-5299 DUE DATE_ April 23,2004 TIME: 3:OOPM CITY CONTACT: CAROLYN BROOKS VENDOR: E .QA Q p S FAX V 512418-7028 PHONE: 512218-Sd57 ADDRESS: �� 4- MAILIN13 AND STRUT ADDRESS: CrW STATE PHONE w. 7�- ��{' 7 CITY OF ROUND ROCK,PURCHASING DIVISION FED IDI "7q app Q FAX S: 221 EAST MAIN STRMT ROUND ROCK Tx?W4 SIGNATURE OF PERSON AUTHORIZ4D TO QUOTE: '9y trip slpharurs horcon alrired,the bidder hamby c-: Mo ii et neither are bidder nor the maty repreaentad by 1Ae bidder,or anyone acting lar such entity hal vioialed Vie anlumst lewa or thin Sive,wdlil4d N Section 15.01 pc sop.•7axat&,sings and co merce Codc,ar the Federal enalrw laws,nor cainmuniceiea elrewy ,cr Mdl.adly,the quoin mace to ehy convolik r or any attra person engaged In such Fne or bualnees' INSTRUCTIONS TO BIDDERS • Furnish one copy of quote by mail or rax before due date ' All deliveries shalt be FOB Destination,direct freight prepaid and allowed All City of Round Reck purchase terms and conditions shall apply • All quotas recelved shall be evaluated baaed on the pact vogue for the City,best value will tie determined by considering all or part of the criteria listed,as well as any relevant crttafia speClfically listed In the solicitation: 1014 PPICe,Reputation of the bidder and of bidder's ponds and services,quality of the bidder's goods or servicers,the extent to which the goods or services meet the City's' needs and bidder's past relationship with the City. )TEM D cLA55 R REM DESCRIPTION QTY UNIT MAK&MOp64 UNIT FJr7CN510N =101-112 PRICE THIS IS TO ESTABLISH A MULTI-YCAR CONTRACT TO PROVIDE MAINTENANCE SERVICE FOR CITY OWNED GENERATORS AS IDENTIFIED ON AYTACHMENT"A"OF THE SPECIFICATION NO.04-836-39,REVISED APRIL 2004(13 pgs)ATTACKED. FOR INFORMATION PURPOSES ONLY PLEASE PROVIDE THE FOLLOWING REFERENCES: /� f Name -.2 l cs✓Y1 Phone •�z Name Phone 7a-0�b'S Name 1 1-vrw L$IT5,V sr7DATE_ Ann121.2adA MH: t_PhoneC:;QL- 1:'OPM LOCATION: 221 F-Main Shwk bobby,R—nd R*4K-rX CONTACT PERSON: PETE POMINGUE[ PHONE TO CALL: 512.141-3746 1 GENERATOR FIRE STATION 2 QUARTERLY IPM) 3 OTR /U C.5 ANNUAL MNNT,(Alt) i OTR // PARTSFORAM I EA /74- y. QL Z GENERATOR FIRE STATION 3 QUARTERLY(PM) 3 OTR /C C,Gyp I 3CC G d ANNUAL MArNT.(AM) 1 OTR ; ?C/. GC t•Ly PARTS FORAM 1 EA 9 j•�.(; 4, 3 GENERATOR FIRE STATION 4 QUARTERLY(PM) 3 CITR /pG:.C'v UCS.Cd ANNUAL MAINT.(AM) 1 QTR /79;- pV /7-9,00 PARTS FORAM 1 EA 4 GENERATOR FIRS STATION 5 OUAKMIZLY(PM) 3 QTR jtSC,rva �L1p ,,+tr ANNUAL MAINT,(AM) 1 GTR / G U 7tr7.GQ PARTS FOR AM 1 FA ? t)o "f2-4,0 5 GENERATOR FIRE STATION a QUARTRRLY(PM) 3 QT?t Crj c-0 ANNUAL MAINT.(AM) QTRG' It /I S �u r 79.Civ PARTS FOR AM 1 CA 6 GENERATOR POLICE OEFT 1 QUARTERLY(PM) 3 QTR /GU,C.C: 04 ANNUAL MAINT,(AM) 1 OTR ?cJ.G�' :?7 � PARYS POR AM 1 CA fl�a� / S1•40 04/27/2004 TUE 14:52 [TX/RX NO 71871 0 002 04/27/2004 14:35 5123858427 FLEET MAINT OE TX 04/22/LUU4 11:4b kAA 51Z21tfNZa wnn ruA�nxulivu PAGE 01 ROUND ROCS, TEXAS v PURPOSE. PASS101% PRDSPERITY. REQUEST FOR OUOTATI01V / ADDENDUM ATE: April = 2004 CITY CONTACT Carolyn Brooks PHONE #_ 512-218-5457 PAX #: _ 512-218-7029 The foAowing changes have been made to RFQ for Generator Maintenance: • REVISED QUOTE SHEET SHALL REPLACE THE ORIGINAL FAXED APRIL 19, 2004. • Paragraph 5.1, PART II, page 8 of specification No. 04-93639 is changed to delete " unlimited interim service calls from the first sentence. • Paragraph 7, PART 11, page 9of Specification No. 04-936-39 is changed from: REMEDIAL MAINTENANCE to REMEDIAL SERVICE, as well as all references for the term through out the solicitation. • Revised Attachment A to include: Stone Oak Lift Station ■ All other terms and conditions remain unchanged. MAIL RESPONSE TO; PHYSICAL LOCATION: City of Round Rock City of Mound Rock Purchasing Dept- 2a4 Floor Council Chambers, int floor 221 East Zdzin Street - 221 East Main Street Round Rock, Texas 18664 Round Rock, Texas 78664 Phone: (512) 218-5400 04/27/2004 TUE 14:52 [T%/R% NO 71871 ID001 04/27/2004 14:35 5123858427 FLEET MAINT OE TX PAGE 03 ITEM A CLASS b ITEM OESGRIPTION QTY TUNITM:AKE�IMODEL UNIT WENSION PRICE GENERATOR PARD 1 QUARTERLY(PMI -7 C� CCf ( 7 ANNUAL MAINY.(AMI ; Y 3-Z GJ e PARTS FOR AM B GENERATOR CENTRAL FIRE EA QUARTERLY(PM) i QQTK i/-717,00 c. c U ANNUAL MAINT.(AM) �! G�/ PAIITS FOR AM 1 9 GEN&ATOR PUB WKS I OUARTEXLY(PM) 3 CTK OTR Tf� /'4•ANNUAL I.WNT.(AM) 1 EA �3 .oo ! 3!`U PARTS FOR AM 10 GGN0:VTOR HILTON QUARTERLY IPM) 3 QTR �q ev ANNUAL MAINT,(AM) 1 QTR co �(B PARTS FOR nM 1 &A �C'a�• ^ 11 GENERATOR CARNOUSTY QUARTERLY WM) J QTR C70 ANNUAL MAINT.(AAI) 1 OTA PARTS FORAM / EA 1Z GENERATOR TREVINO QUARTERLY(PM) 3 QTR ZtoL{r.LO ANNUAL MAINT.(AM) I OTR �i Z: • PARTS FOR AM 1 EA ('-( 10 GENERATOR BAY HILL QUARTERLY(PMJ 3 Q7'R ANNUAL MAINT,(AM) 1 QTR -/Z,' w PARTS FOR AM 1 6A I L(;.Lo (kSr oc) 1A G6NFRATOR OA1MN06 QUARTERLY(PM) 3 QTRq�(-[c15,C-0 ANNUAL MAINT,(AM) 1 QTR (�LO ��S•Ct PARTS FOR AM 1 EA (c{C� ( q5,o 15 G£NWATOR LAKE r.T1NN QUARTERLY(PM) I ANNUAL"NT.(AM) 1 qYm PARTS FORAM 1 HA i 1Q GENERATOR STONE OAK QUARTERLY(PM) ANNUAL MAINT.(AN) 1 OTR FAR i5 FOR AM 1 VA 17 LABOR RATE•REG WOURLYRAT6 1' HR MNIMUM CHANG9(VF ANY)CF HOURS 18 LASOR RATE-AFTER HOURS PLATE 1 HR �Lj,' $8 5.C'2) MINIMUM CHANGE(IF ANY)OF HOURS Q 19 CMERGENCY-REG HOURLY RATE 1 HR MINIMUM CHANGE(10 ANY)OF LLL HOURS 20 %MERGFMCY•AFTER HOURS RA 1 HR 1] G MINIMUM CHANGE(ICANY)OF I HOURS C1 C1 7 11 ANNUAL LOAD CHECK ON ALL MACHINES ON ATCH'H' 1 EA r NOTE: FOR EVALUATION PURPOSE THE CITY IS LOOKING FOR FLAT FEE INCLUSIVE OF MACHINE R&NTAL,ONE HOUR LOAD TEST ANC 1A13CR COSTS, Z2 TRIP CHARGE 36 EA (NOTE: IT IS UNDERSTOOD BY BOTH PARTIES THAT A SINGLE TRIP AND NOT MILAQE WILL B£INVOICED B7!WPPLIER PER SERVICE JJJ TPAP FOR THti LIFE OF THIS CONTRACT,THIRTY.SLY(30)TRIPS IS � ONLY AN UTIMATE AND VSFD FOR BUDGETING PURPORES ONLY, (e.g_1 Benermlor serviced.1 Wp charge;3 gerwroL%m acrvimd.1 Irip ehsuge) TOTAL FOR ONE YEAR Aw 04/27/2004 TUE 14:52 [TX/RX NO 71871 IM003 GENERATOR MAINTENANCE 4/29/2004 1 of 2 REVISED REQUEST FOR QUOTATION CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 DUE DATE: Aril 23 2004 TIME: 3:OOPM FEAST : CAROLYN BROOKS VENDOR: -7028 PHONE: 512-218-5457 ADDRESS: TREET ADDRESS: CITY/STATE PHONE# D ROCK,PURCHASING DIVISION FED ID# FAX#: STREET,ROUND ROCK,TX 78664 SIGNATURE OF PERSON AUTHORIZED TO QUOTE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust of this State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly h indirectly,the quote made to any competitor or any other person engaged in such line of business' INSTRUCTIONS TO BIDDERS ' Furnish one copy of quote by mail or fax before due date All deliveries shall be FOB Destination,direct freight prepaid and allowed ' All City of Round Rock purchase terms and conditions shall apply ' All quotes received shall be evaluated based on the best value for the City,best value will be determined by considering all or part of the criteria listed,as well as any relevant criteria specifically listed in the solicitation: Bid price,Reputation of the bidder and of bidder's goods and services,quality of the bidder's goods or services,the extent to which the goods or services meet the City's needs and bidder's past relationship with the City. ITEM# CLASS&ITEM DESCRIPTION OTY UNIT MAKE/MODEL 936-39 UNIT EXTENSION THIS IS TO ESTABLISH A MULTI-YEAR CONTRACT TO PROVIDE MAINTENANCE SERVICE PRICE FOR CITY OWNED GENERATORS AS IDENTIFIED ON ATTACHMENT"A"OF THE SPECIFICATION NO.04-936-39,REVISED APRIL 2004(13 pgs)ATTACHED. FOR INFORMATION PURPOSES ONLY PLEASE PROVIDE THE FOLLOWINGI REFERENCES: I Name Phone Name Phone Name Phone SITE VISIT DATE: April 21,2004 TIME: 1:00PM LOCATION: 221 E.Main Street,Lobby,Round Rock,TX CONTACT PERSON: PETE DOMINGUEZ PHONE TO CALL: 512.341.3144 1 GENERATOR FIRE STATION 2 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 2 GENERATOR FIRE STATION 3 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 3 GENERATOR FIRE STATION 4 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 4 GENERATOR FIRE STATION 5 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 5 GENERATOR FIRE STATION 6 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 6 GENERATOR POLICE DEPT 1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA GENERATOR MAINTENANCE 4/29/2004 2of2 ITEM N CLASS&ITEM DESCRIPTION QTY UNIT MAKE/MODEL UNIT EXTENSION 936-39 PRICE 7 GENERATOR PARD1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 OTR PARTS FOR AM 1 EA 8 GENERATOR CENTRAL FIRE QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 9 GENERATOR PUB WKS 1 QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 37 QTR PARTS FOR AM 1 EA 10 GENERATOR HILTON QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 11 GENERATOR CARNOUSTY QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 12 GENERATOR TREVINO QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 13 GENERATOR BAY HILL QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 14 GENERATOR OAKLANDS QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 15 GENERATOR LAKE G-TWN QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM i EA 16 GENERATOR STONE OAK QUARTERLY(PM) 3 QTR ANNUAL MAINT.(AM) 1 QTR PARTS FOR AM 1 EA 17 LABOR RATE-REG HOURLY RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 18 LABOR RATE-AFTER HOURS RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 19 EMERGENCY-REG HOURLY RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 20 EMERGENCY-AFTER HOURS RATE 1 HR MINIMUM CHANGE(IF ANY)OF HOURS 21 ANNUAL LOAD CHECK ON ALL MACHINES ON ATCH"B" 1 EA NOTE: FOR EVALUATION PURPOSE THE CITY IS LOOKING FOR FLAT FEE INCLUSIVE OF MACHINE RENTAL,ONE HOUR LOAD TEST AND LABOR COSTS. 22 TRIP CHARGE 36 EA (NOTE: IT IS UNDERSTOOD BY BOTH PARTIES THAT A SINGLE TRIP AND NOT MILAGE WILL BE INVOICED BY SUPPLIER PER SERVICE TRIP FOR THE LIFE OF THIS CONTRACT. THIRTY-SIX(36)TRIPS IS ONLY AN ESTIMATE AND USED FOR BUDGETING PURPOSES ONLY. (e.g.:1 generator serviced-1 trip charge;3 generators serviced-1 trip charge) TOTAL FOR ONE YEAR CITY OF ROUND ROCK SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 GENERATORS: ON-SITE PREVENTIVE MAINTENANCE AND REMEDIAL SERVICE 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor for on-site preventive maintenance and remedial service by trained technicians for generators at location(s) listed on Attachment A. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City—Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract—A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor—A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies,commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. Page 1 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s)or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST VALUE EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall furnish the following information at a minimum: 5.1. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the exact technology for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 5.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 6. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 7. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 8. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service (if any)and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Page 2 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 9. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 10. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives,volunteers,employees or subcontractors. 10.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 10.2. The following standard insurance policies shall be required: 10.2.1. General Liability Policy 10.2.2. Automobile Liability Policy 10.2.3. Worker's Compensation Policy 10.3. The following general requirements are applicable to all policies: 10.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 10.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 10.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 10.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 10.3.5. Policies shall include, but not limited to,the following minimum limits: 10.3.6. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 10.3.7. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 10.3.8. Automobile Liability Insurance for all owned, non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person, and$300,000.00 for each occurrence, and Property Damage Minimum limits of$50,000.00 for each occurrence. 10.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 10.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 10.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. Page 3 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 10.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 10.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 10.5.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear)as to all applicable coverage. 10.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 10.5.4. Remove all language on the certificate of insurance indicating: 10.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 10.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 10.5.5. Provide for notice to the City at the addresses listed below by registered mail: 10.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 10.5.7. Provide that all provisions of this contract concerning liability,duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 10.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 10.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 10.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 78664-5299 Round Rock, TX 78664 10.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 10.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 11. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 11.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory Page 4 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 11.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR's/person's work on the project has the OWNER. been completed and accepted by 11.3. Persons providing services on the project("subcontractor")in Section 406.096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. 11.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 11.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 11.6. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project,the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 11.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 11.7.1. a certificate of coverage,prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 11.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 11.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 11.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 11.10. The CONTRACTOR shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Page 5 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 11.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 11.11.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 11.11.2. provide to the CONTRACTOR, prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 11.11.3. provide the CONTRACTOR, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11.11.4. obtain from each other person with whom it contracts,and provide to the CONTRACTOR: 11.11.5. a certificate of coverage, prior to the other person beginning work on the project; and 11.11.6. a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 11.11.6.1. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 11.11.6.2. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 11.11.6.3. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 11.12. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties, civil penalties, or other civil actions. 11.13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. Page 6 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 12. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 13. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 14. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 15. AGREEMENT: The term of this Agreement shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 16. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month agreement period and to cancel all or part of the Agreement (without penalty)or continue the agreement through the next period. 17. PRICE ADJUSTMENT:The City may permit"unit price"adjustments upward and downward, as a result of a cost increase or decrease in product or commodity in accordance with the Producers Price Index (PPI). Any price increase shall be requested by the Contractor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable PPI percentage change. 18. NON-APPROPRIATION:The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 19. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,without penalty,at any time the City deems the vendor to be non-compliant with contractual obligations. 20. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Contractor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 20.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 20.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or Page 7 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 20.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 20.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 21. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seg. PART II SPECIFICATIONS 1. SCOPE:This specification describes a service to provide labor and materials for on-site preventive and remedial service by factory trained technicians for generators at location(s)to include, but not limited to Attachment A. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and certain details to which the successful bidder shall conform. Bidders shall be responsible for furnishing and installing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 3. ADDITIONS/DELETIONS: Equipment may be added or deleted during the term of the purchase order/contract. Prices bid shall be used for adding/deleting such equipment. 3.1 If new equipment is procured during the term of the purchase order/contract, City reserves the option to add the equipment at the vendor's current basic monthly charge less any applicable discounts. 4. MAINTENANCE PARTS: Eighty-five percent of all parts shall be on-site within twenty-four business hours for repair of equipment. All remaining parts shall be normally on-site within forty- eight hours. Maintenance does not include normal operating supplies. 4.1 Refurbished parts may be used on an exchange basis; however, the refurbished parts shall be equivalent to new. 4.2 Rental Generator, if required, shall be provided to City by supplier as a separate expense outside the realm of this maintenance Contract and will be authorized by issuance of purchase order. 5. PREVENTIVE MAINTENANCE: shall be performed on equipment to include but not limited to locations shown on Attachment A. 5.1 Provide a minimum of four(4)quarterly Preventive Maintenance(PM)calls annually. Quarterly visits are defined to mean substantially spaced visits that are spaced three(3)months apart. During each of the quarterly inspections,all systems are visually checked for potential problems, and are physically tested to assure reliability. Preventive maintenance service shall include, but not be limited to, items identified on Attachment B as a minimum. 5.2 Contact City Representative of any discrepancies, and advise as to the cost of repairs. No parts, supplies or annual services are included in the basic inspection costs. 5.3 Perform preventive maintenance at a time mutually agreed upon between the City representative and the vendor. Page 8 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 6. ANNUAL MAINTENANCE (AM)shall be included in one of the three PM services. AM service shall be accomplished on each designated machine in the fall. AM shall include: 6.1 Checking fuel and changing (if needed), changing oil and oil filters, fuel filters, coolant filters, air filters, perform analysis on samples of oil and coolant, replace ignition parts (gas- gasoline units only), and test all safety shutdowns. At this time, a series of tests shall be conducted to ensure reliability and satisfactory interfacing between components. 7. REMEDIAL SERVICE: Remedial service shall be performed at the location(s)of equipment within time allocations specified after call for service. 7.1 Consistent failure by the vendor to respond to service calls within the allowed response time may place the vendor in default and subject to cancellation of the purchase order and, or contract. Consistent failure is defined as not responding within the allowed response time at any or all locations on three(3)out of five (5)consecutive occurrences. 7.2 Service technicians shall be fully qualified to work on the listed equipment and employed by the vendor on the effective date of this purchase order/contract. Vendor shall be able to verify that service personnel have had training with a minimum of one year of"hands on" experience working on the listed equipment. 7.3 Service technicians performing work shall remain on-site until the problem is resolved or until authorized to leave by the City site manager or designated point of contact(POC)as per Attachment A. 8. ENGINEERING CHANGES (EU The vendor shall advise City within 30 days of Engineering Changes (EC)made available by the equipment manufacturer. City reserves the right to agree or disagree to the installation of the part at time of notification. When City agrees to installation, the following applies: 8.1 The equipment manufacturer, or their designated representative, shall install within 90 days of acceptance by City contract administrator. 8.2 EC will be authorized by the issuance of a purchase order separate from this contract. 8.3 At the end of this purchase order/contract the vendor agrees to estimate and quote the City for costs involved in bringing all equipment to current EC levels. Due to age of all City owned generators sets, EC levels shall NOT be interpreted to include generator replacement due to obsolescence. Also, Supplier agrees to replace, at the discretion of the City, any parts installed during the service period that was not manufactured by the OEM. 9. LOAD TEST:A load test shall be performed on each of the designated generators at a time agreed upon by City contract administrator and service supplier. Load bank equipment rental costs and AWGS personnel costs shall be included in the quoted fee. 10. TECHNICAL DOCUMENTATION: The vendor shall obtain necessary technical documentation pertaining to maintenance or service of the listed equipment. 11. MALFUNCTION REPORTS: Vendor shall complete and furnish a malfunction report for each maintenance or service call with the invoice.A copy of each malfunction report shall be presented with time and material maintained (if used outside the parameters of the monthly/annual charge) invoices no later than date of subsequent invoice for monthly maintenance. Reports shall include, as minimum, the following information: Date and time notification received. Date and time of arrival. 9of13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 Type and model of equipment. Time spent for repair. Description of malfunction. Date and time equipment is made operational. Part(s)ordered. The vendor shall ensure that both parties verify acceptance of equipment as completely operational. The vendor shall ensure that both parties sign a malfunction report. 11.1 Malfunction report must be signed by designated City Representative A for that machine and building. The Contract Administrator identified in this specification and they shall certify that the individual generators are again in working order. PART III DELIVERY,SERVICE,ACCEPTANCE AND PAYMENT 1. SERVICE: Contractor shall have service and maintenance available to the City and shall be able to respond to a request for service as specified. 1.1. Emergency Service—Contractor shall: 1.1.1. Respond within one hour of City's call(s)for service. 1.1.2. Be at location of required service within four hours after notification by City. 1.2. Perennial Maintenance—Contractor shall: 1.2.1. Respond within four hours of City's call(s)for service. 1.2.2. Be at location of required service with in twenty-four after notification by City. 3. INVOICING: Contractor shall submit one original and one copy of each invoice as required to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or contract or other such contractual agreement. 10 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 PART IV ATTACHEMENTS Attachment A—Equipment Make, Mode, Type and Location Attachment B—Service Data 11 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 ATTACHMENT A EQUIPMENT AND THEIR LOCATION LOCATION EQUIPMENT Fire Station#2 (to be added later) ONAN MDL#70GGHF DESEL, 70 KW, 87.5KVA 206 West Bagdad Ave. Round Rock TX Fire Station#3 ONAN MDL.#LTAEA30-3V126004F 1991 Rawhide, Round Rock TX Ser.#n/a, p-plant Kubota eng. (no tag) Fire Station#4 Olympian MDL.#CD015—A162 2D18CBHYY 3300 Gattis School Rd., Round Rock TX Ser.#2019815, Power plant p/n 67057 2.21- Fire Station#5 Olympian MDL.#D50P1, Ser.#E6929A/001 350 Deepwood, Round Rock,TX P-Plant#LJ50418*U895845F, Perkins Turbo Fire Station #6(to be added later) ONAN MDL.#70GGHF DESEL, 70 KW, 7.5KVA 2919 Joe Dimaggio Blvd.,Round Rock,TX Police Department Kohler MDL# 100R02J81, ser. #386549 615 E. Palm Valley Blvd. P-Plant MDL.#CD6059T3118811, SER. #6059TF003, John Deere Eng. Police Department ONAN, P-Plant MDL.#591205A51-5357 604 Palm Valley Blvd. Round Rock TX Ser.#53132476, Cummins Eng. Central Fire Station White, MDL.#D2300-X260, Ser.#XF3446344 203 Commerce, Round Rock,TX P-Plant MDL. 591205A51-5357, Ser.#30R0281,White Eng. Public Works Empire MDI-.#400-0270,W.O#135-9834 2008 Enterprise, Round Rock,TX P-Plant, no tag, Perkins eng. Hilton Head Left Station Round Rock,TX Olympian MDL.#D150P1 Carnousty Lift Station Generac MDL.#98A03027S Round Rock, TX Trevino Court Lift Station Olympian/Generac MDL#97A05559-S Round Rock,TX Bay Hill Lift Station Olympian MDL.#D40PS Round Rock,TX Oaklands Lift Station Lima MDL.#AC96759CGH Round Rock,TX Lake Georgetown Lift Station ONAN MDL. #900DFHC Georgetown,TX Stone Oak, Lift Station PERKINS, MDL D50P3, SERIAL OLYOOOOOTNPF01860 Round Rock TX 62.5 KVA, 50KW 480/277VOLTS 12 of 13 SPECIFICATION NO. 04-936-39 REVISED:APRIL 2004 ATTACHMENT B Inspection List shall be inclusive of the following items as a minimum: 1. LUBRICATION a. System leaks 7. HOUSING/CABINETS b. Oil level a. General c. Filters b. Fit c. Decals 2. COOLING SYSTEM a. Leaks 8. DC ELECTRICAL b' Water level a. Batteries c. DCA/antifreeze Water level d' Filters Specific gravity e. Hoses Terminals f. Belts b. Engine safeties g. Cooling fans Ammunclator h. Block heater Battery charge rate I. Pillow block 9. AC ELECTRICAL 3. FUEL SYSTEM a. Brushes a. Fuel b. Instruments b. Leaks c. Regulator c. Filters d. Generator d. Lines e. Circuit breakers e. Tank levels f. Transfer switches f. Transfer pump g. Water separators 10. OPERATIONAL TESTS h. Solenoid a. Load/no load i. Wiring b. Voltage—AC/DC c. Amps—AC/DC 4. IGNITION SYSTEM d. Frequency a. Plugs e. Time delays b. Points f. Oil pressure c. Wiring g. Engine temperature d. Coil e. Corrosion 11. OTHER 5. EXHAUST SYSTEM a. Leaks b. Condensation c. Turbo charger d. Flex pipe e. Rain cap NOTE: THE CITY SHALL BE f. Muffler NOTIFIED IN WRITING OF ANY CHANGES MADE TO THIS LIST 6. HOUSING/DOORS a. Hinges b. Panels C. Fit d. Leaks 13 of 13