Loading...
R-11-07-14-11D1 - 7/14/2011RESOLUTION NO. R -11-07-14-11D1 WHEREAS, the City of Round Rock has duly advertised for bids to provide on-site preventative maintenance and repair services for generators at various City locations, and WHEREAS, Allegiance Power Systems, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Allegiance Power Systems, Inc., 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 Service From Allegiance Power Systems, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. 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. RESOLVED this 14th day of July, 2011. ion ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdo x\S CC1nts\0112\ 1104\MUNICIPAL \00226771. DOC/rmc CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERATOR MAINTENANCE AND SERVICE FROM ALLEGIANCE POWER SYSTEMS, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of services relating to on-site preventive maintenance and remedial service by trained technicians for generators at various locations within the City of Round Rock, Texas, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of 2011, 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 ALLEGIANCE POWER SYSTEMS, INC., with a principal business address at Post Office Box 4002, Lago Vista, Texas 78645, 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 services relating to on-site preventive maintenance and remedial service by trained technicians for generators at various locations within the City of Round Rock, Texas, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid 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. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 11-019, Specification Number 11-936-39 dated March 2011; (b) Vendor's 00224639/jkg EXHIBIT ItA„ Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: This Agreement; Purchaser's Response to IFB; City's Invitation for Bids, exhibits, and attachments. 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. 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, commodities, or equipment. F. Purchase Order means an order placed by City's Purchasing Office for the purchase of goods or services, written on City's standard Purchase Order form, and which when accepted by Vendor becomes a contract. The Purchase Order is Vendor's authority to deliver and invoice City for goods or services specified, and City's commitment to accept the goods or services for an agreed-upon price. G. Services means work performed to meet a demand; and the furnishing of labor, time, or effort by the Vendor involving delivery of any specified end product or service; and Vendor's ability to comply with promised delivery dates, specifications, and technical assistance specified. H. Subcontractor means any person or business enterprise providing goods, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of Vendor's obligations arising from this Agreement with City. I. Vendor means Allegiance Power Systems, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS 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. 2 B. The initial term of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. City reserves the right to review the relationship at atiy time, 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 as outlined in IFB 11-019, Specification Number 11-936-39 dated March 2011, and Response to IFB submitted by Vendor, all as specified 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 IFB and as offered by Vendor in its Response to IFB. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor in the total corrected amount of $24,667.00. The goods and 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 Unit costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor, in the total corrected amount of $24,667.00. The parties hereto specifically agree that prices for this Agreement shall be atoriginal prices, terms, and conditions plus any properly approved changes. 6.01 PRICE ADJUSTMENT City may permit "unit price" adjustments upward or downward when correlated with the price index specified in this Agreement and exhibits. Vendor acknowledges that Section 8 of IFB 11-019 governs. Generally, the baseline 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 Vendor may offer price decreases in excess of the allowable percent change. 3 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 fiends sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such 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 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, 4 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 IFB 11-019 and in Vendor's Response to IFB. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Pete Dominguez Property Management Coordinator Round Rock Public Works Department 2015 Lamar Street Round Rock, Texas 78664 512-341-3144 pdominguez@round-rock.tx.us 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 be 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 hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in re -advertisement of the service and may not be considered in future bids for the same type work unless the scope of work is significantly changed. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. 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. 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 inay 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. 6 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 state laws, the Charter and Ordinances of the City of Round Rock, as 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 to each other with respect to the terms of this Agreement. Neither party shall 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: A. When delivered personally to the recipient's address as stated in this Agreement; or B. 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: Allegiance Power Systems, Inc. Post Office Box 4002 Lago Vista, TX 78645 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephen L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 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 of this Agreement, exclusive venue for same shall lie in Williamson County, Texas. This 7 Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 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. 24.01 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 such dispute or claim will be sought to be resolved with the help of a mutually selected 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. 25.01 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 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. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perforin 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. 8 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 Allegianc • Power Systems, By: By: .� 4/. Title: Titl Date Signed: ►' Signed: G /7— // For City, Attest: By: Sara White, City Secretary For Ci By: proved as t Forni: Stepha J Sheets, City Attorney 9 COPY INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 Bids are due to the Purchasing Office at the above address by 3:O0pni, May 10. 2011 Show bid opening date & bid number in lower left hand corner of sealed bid envelope with return address of bidding firm. Facsimile responses shati not be accepted Invoice To: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 Bid F.O.B. Destination. Freight prepaid and allowed unless otherwise specified below City of Round Rock Various Locations SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 Bidding Information; Generator Maintenance & Repair Services Bid Number 11-019 Opening Date: 05/10/2011 Opening Time: 3:OOpm Bid Location: 221 E. Main Street Council Chambers Round Rock, TX 78664 Return signed one original and three copies of bid Respondent shall sign below Failu1 si•n bid will disqurfy bid Authorized Signature iohn W. Smith Print Name Date See 1.7 of Bidding Instructions TAX ID NO.: 26-4687729 LEGAL BUSINESS NAME: Allegiance Power Systems, Inc. ADDRESS: PO Box 4002, Lego Vista, Texas 78645 CONTACT: John W. Smith TELEPHONE NO: 512.267.1215 BUSINESS ENTITY TYPE: Corporation- SCorp E-MAIL: john.smith@allegiancepowersystems.com By the signature. hereon affixed, the respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of the State, codified in Section 15.01 et seq., Texas business and commerce Code, or he Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business. Respondent agrees to comply with alt conditions set forth in this IFS. This is for a three year agreement Vvitii two 12 -month renewal options for generator maintenance and repair service in accordance with specification no 11-936-39, revised 03-2011 (16 pages) BID SHEET ITEM LOCATION OF GENERATORS SCF?r=.DUCE QTY UNIT MAKE MODEL UTfIT PRICE EXTENSION .1 The Baca Center 301 W. Bagdad Ave.. Bldg 2 _ ...... Fire I 203 Commerce Blvd. QUARTERLY (PM) I 3 QTR Kohler 62ksv. 3 phase 277/480 277/480 V; MdI.60REOZJB fuel: Diesel Ser. * 2025920 5125 $375 ANNUAL_ MAINT (AM) t QTR S270 S270 _._1 -Central .I'at`'!a'ii=SZ.(A1`' � � id. 11 QUARTERLY (PM) 1 3 a Q t 5200 2 Caterpillar, 80kw, 1 -phase , 230/115 V; Mdl. 080-4 Fuel: Diesel Ser.* CNCE00675 S125 8375 .ANNUAL MAINT (AM) 1 QTR S351 S351 LOAD TEST (AM) 1 EA 5380 . 5380 OW i i ', 1 ) b rt - S260 SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 11 of 17 3 a EXHIBIT nAu (TEt% LOCATION OF GENERATORS ' 3 City Hail 221 E M.ain Street _. 4 Fire Station #2 6 206 West Bagdad Ave. Fire Station »3 1991 Rawhide O. Fire Station >r4 QUARTERLY (PM) 3 QTR Olympian, 1 -Phase. 280//120 V 3300 Gattis School Rd. ANNUAL MAINT (AM) 1 QTR Mdl. 95A016445 LOAD TEST (AM) 1 EA I fuel; Diesel SCHEDUI.E QUARTERLY (PM) ANNUAL MAINT (AI 1) t_OAD TEST (Ah.,) QUARTERLY (PM) ANNUAL MAINT (AM) LOAD TEST (AM) SOLICITATION NUMBER 11-0 SPECIFICATION NUM ER 11-936-39 GATED: MARCH 2011 BID SI IEE QTY ......_._U....N...I...TI ...__I FAKE e MODEL U,_..I— -- - EX !....____ . iPRICE TENSION t 3 OTR Olympian200kw, 3 phase $125 5375 FS -400 1 6400 1 ! QTR ! 277/460 V; rdl. 0200P3 EA i Fuel' Diesel Ser.* NN502324 �...__3 QTS f Genecac, 70isw, 1 -phase 1 I CTR ! 2301115 V: Mdl. 70GGHF 1 J EA Fuel: Diesel ++ Ser. #2091130 3 I Q I Caterpillar. 30kw, 1 -phase 1 [ GTP. 1 208(120 V; Mdl. D30 -8S 1 ' S500 l $500 l QUARTERLY (Pm) ANNUAL MAINT (AM) 1.OAD TEST (AM) EA Fuel: Diesel Igi\vok6,:&-314aqt64. Ser.* CATO000OTGBE40493 7 t Fire Station #5 8 350 Deepwood Dr, Fire Station #6 2919 Joe Dirnaggio Blvd 9 Fire Station #7 2811 Oakmont Dr. 1 .3 10 Public Works 2008 Enterprise Dave it 2701 N. Mays __._. 1 Sl. Police Department 1 3 Forest Creek 1 QUARTERLY (PM) QTR` Kohler. 475kw, 3 phase QTR 1277/480 volts. Mdi. 500REOZV8 EA 1 Fuel: Diesel Ser. rr 21612 QUARTERLY (PM) ANNUAL MAINT (AM) LOAD TEST (AM) QUARTERLY (PM) ANNUAL MAINT (AM) LOAD TEST (AM) MAdlet QUARTERLY (PM) ANNUAL MAINT (AM) 1 1 EAFuel: Diesel ISer. *1040694359 3 1 QT`sd i Kohler, 80kw,100kva, 3-phase 1 I QTR 120/240 V: Mdl. 80REOZJO QTR QTR EA QT Ser.: Not Visible Olympian, 50k:v, 62.5kva, 3-phase 208/12.0 V; Mdl. 05091 Fuel: Diesel Ser. tt E6929A/001 8 125 S325 ._ S375 __..._._... S325 S370 5370 5260 S125 $375 5227 $227 1 $200 5200 S150 $125 S3375 8270 5350 $180 5125 5270 8350 $375 S270 5350 S270 S350 8180 Curnmins, 80kw, 53.6kva. 1 -phase QTR 120/208 V; Mdl. DGDA-5691453 1 I EA Fuel: Diesel L Qi Ser. 4 2165718 3 QTEmpire. 45kw. 1 phase QTR 230(120 volts, Mdl. 45000W -8E Fuel: Diesel f Ser. # 373404 QUARTERLY (PM) ANNUAL MAINT (AM) LOAD TEST (AM) ` 12119 Hilton Head Dr. ANNUAL. MAINT (AM) !, 1 QTR I 3-phase, 208/120 V: Md. 0150P1 0408 Olympian, 150kw, 187,5kva. --z-() Fuel: Diesel STAtti SUPERSEDES SPECIFICATION NO. 00-936-39-02: DATED: MAY 2005 12 of 17 Ser.' E.7027A1001 S125 5325 $375 S325 } S380 I S380 S260 5125 S325 $380 $450 I 8125 8375 S375 S325 $380 8227 5227 -5�86----7--538A----- I S180.-_ l S125 j $375 5699 8699 $775 S775 S840 5125 $375 S375 $375 5350 ITEa.1_ LOCATION OF GENERATORS 13 forest Creek 2 3621 Ca,nousty Cove 14 —1 Forest Creek 3 3820 Trevino Dr. 15 f Forest Creek 4 3222 Bay HO Lane 16 Settlers Crossing Co Rd 117 @, N. Red Bud Ln. 17 Lake Georgetown 2040 Cedar Bend 18 Sewer PT McNutt Lift 3°39 E. Palm Valley Blvd. 19 J Water Treatment Plant 5200 N. Ii135 20 High Service 5200 N. 11135 ......................... 21 Water Treatment Plant 5200 N. IH35 BID SHEET SCHEDULE QTY Ji LOAD-XEST {A 1}-. QUARTERLY(PM) I 3 ) QT ANNUAL MAINT' (AM) 1 I QTR I n TEST•. -(AM)_ QUARTERLY (PM) ANNUAL MAIM. (AM) SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 UNIT MAKE & MODEL. QTR Generac. 100kw, 125kva, 3-phase QTR 2771480 V; MdI. 98.A03027-5 Fuel: Diesel Ser. # 2044055 Olympian, 30kw, 75kva, 3-phase 277(480 V; Mdl. 97A055599 -S Fuel: Diesel Ser. # 2037576 QTR Olympian, 40kv:. 40kva. 1 -phase QUARTERLY (PM) ANNUAL MAINT (AM) ..LOAD S •A4) QUARTERLY (PM) 1 QTR 230/115 V; MO. D40P15 .__4.._ —EA. } Fuel: Diesel Ser. # E3052A1001 Generac, 60kw, 75kva, 3-phase 277/480 volts, MdI. 5267450100 ANNUAL "/TAINT (AM) 1 QTR QUARTERLY (PM) At ci t:' N 3 L1 ... QT ANNUAL MAINT (AM) 1 QTR LOAD TEST (AM) 1 EA _ - 1 !1 + cs ,e. 4 fit 4 QUARTERLY (PM) a 2 3 41111 QT ANNUAL MAINT (AM) 1 QTR j , 4• / P4 lin J ' + v # QUARTERLY (PM) i 3 QT ANNUAL MAINT (AM) 1 QTR .LQAQ.ZZS.T_(AM) _—.......1.____E.11 ' 1 6 x,11 II, trSW t t,s QUARTERLY (PPM 3 QT ANNUAL MAINT (AM) 1 QTR LOAD TEST (AM) 1 EA T t` Ii S j' f 4.,1 14 ili QUARTERLY (PM) 3 QTf1 ANNUAL MAINT (AM) 1 QTR J SUPERSEDES SPECIFICATION NO. 00-936-39-02: DATED: MAY 2005 13 of 17 Fuel: Diesel Ser. # 2083251 UNIT EXTENSION PRICE 8125 S375 $325 S325 «^$260` S125. S375 5227 S227 4330 3150 8125 S227 S375 S227 -S-'s48-�---�-5-34.0-�-----� S180 3125 3375 S270 8270 -33•68---$.5•68- 5200 64'—$.368- 5200 Onan, 900kw,3-Phase 277/460 V; Mel. 9000FHC Fuel: Diesel Ser. # H000135813 Generac. 3S0kwa, 300kw. 3 phase 277/480 V; fAdl. 7808900400 Fuel: Diesel Ser. # 2093492 Olympian, 35kw, 3 Phase, 277/480 V: Mdt. D3OPIS Fuel: Diesel Ser. # 04080A/00 Kohler . 1820kw, 3 phase 277/480 V• MM 182UREOZM uel: Diesel S125 S1092 S1350 $1525 S125 S375 S1092 S1350 5375 S410 S410 72,5 S540 S125 S375 52.27 S227 3125 31500 52500 Ser, # 2064745 $2063 )lympian, 50kw, 62.5 kva. 3-phase S125 80/277 volts, Mdt D50P3 Fuel Diesel S1500 32500 $375 S270 3270 4369 Ser. # OLY00000PNPF01844 S180 ITEM LOCATION OF GENERATORS 22 Stone Oak I 10999 Wyoming Springs 1 SCHEDULE QUARTERLY (PM) ANNUAL MAINT (AM) • LWA13 TI.S.�(AtaL}.� LCA Ak _... DESCRIPTION LABOR RATE - REGULAR HOURLY RATE MINIMUM CHARGE (IF ANY) OF _______2 HOURS SID SHEE.T__.... QTY UNIT f 3 , QTR Olympian. 50kw, 62,5 kva, 3-phase 5125 1 j QTR SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936.39 DATED: MARCH 2011 i MAKE & MODEL UNIT PRICE 2 LABOR RATE - AFTER HOURS RATE MINIMUM CHARGE (IF ANY) OF 2 HOURS 3 EMERGENCY - REGULAR HOURLY RATE MINIMUM CHARGE (IF ANY) OF 2 HOURS QTY UNI I 1 HR 1 HR 4 EMERGENCY - AFTER HOURS RATE MINIMUM CHARGE (IF ANY) OF 2 HOURS 5 PRICES FOR PARTS MAY 8E ON A COST-PLUS BASIS. THE 1 HR 1 HR 1 PERCENTAGE (%), IF ANY, OF MARKUP WILL BE 25% EXTENSION 5375 4801277 volts. MdI. 050P3 S270 S270 Fuel: Diesel --53'59-°- 33.3Q•-•--..--, Ser. ff OLY00000TNPF01860 r 5180 TOTAL DELIVERY IN INVOICES FOR WORK PERFORMED, SHALL REQUIRE A COPY OF PARTS RECEIPT TO BE INCLUDED. FAILURE TO PROVIDE COST-PLUS PERCENTAGE FOR MAY RESULT IN AN AT -COST • I., S48400 -..- DAYS PRICE 580 5120 S80 EX ENSION 5120 TO THE CITY. 6 TRIP CHARGE, IF ANY 1 TRIP t NOTE: IT IS UNDERSTOOD BY BOTH PARTIES THAT A SINGLE TRIP AND NOT MILEAGE MAY BE INVOICED BY SUPPLIER PER 1 -4 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) SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 14 of 17 i- i i Io 0 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 BID FORM INSTRUCTIONS DATED: MARCH 2011 ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Res guarantees product offered WI meet or exceed specifications identified in this Invitation For Bid («FB). pondents 1 2 Bids should be submitted on Bid Sheet. Each bid shall be placed in a separate envelope cillo comp etely and property identified. F3ids mus( be in the ciente of the City Purchasing Agent before the hour and date specified on this iFB. 1.3 Late bids property identified w.i! be returned to respondent unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight. prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified. extend and show total. In case of errors in extension, unit increase will not be considered. Prices shad govern. Bids subject to unlimited price 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List' bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. Ail cash discounts offered will be taken if earned. 1.7 Bets shall give Tax Identification Number, fu;I name and address of respondent. Failure to sign will disqualiy bid. Person signing bid shalt show title and authority to bind signatories firth in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shag be one (1) of the following: individual. Partnership. Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, at others shall be specified. INDIVIDUAL: List name and number as name of entity and Tax identification Number (Tin). shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject alt or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at Inc sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the iFS 1.13 CAUTION: 8id invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received tate, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturers reference used in IFB is descriptive only (not restrictive). and is used to Indicate type and quality desired. Bids on brands of specified is offered, ifiustrations and complete descriptionlike nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brands) s of product offered are requested to be made a part of the bid. If respondent takes no exceptions to specifications or reference data in bid, respondent vitt be required to furnish brand names. numbers, etc. as specified in the IFB. 2.2 Alt items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples. when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the respondent, on request, at respondent expense. Each example should be marked with respondents' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of (his iFB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the iFB. 3. TIE BIOS: M case of tie bids. the award wit be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated Location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen (14) calendar days. Unrealisticatty short or long delivery promises may cause bid to be disregarded. Consistent failure to meet deiv promises without valid reason may cause removal from bid list. (See 4.2 following.)cry 4.2 tf delay is foreseen, contractor shall give written notice to Inc City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep Inc City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies ersevihere and charge fu1 increase, if any. in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: AN goods wilt be subject to inspection and test by the City to Inc extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of Inc sample used and the cost of the testing shae be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at Inc City's option, be returned to Inc Respondent or held for disposition at Respondent's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions. and specificaions contained in Inc 1FB tis do not become contracts unless and until they are accepted by the City through its designates and a purchase interpreted under the Charter of the City and the taws of State of Texas. Ail contracts are subject t is Inche approval of the City Counciil.�ntract shaft be governed, construed, and 7. PAYMENT: Respondent shall submit three (3) copies of an invoice shaving the purchase order number on all copies. 8. PATENTS ANO COPYRIGHTS: The contractor agrees to protect Inc City from claims involving infringements of patents or copyrights 9 RESPONDENT ASSIGNMENTS: Respondent hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust taws of the State of Texas. TX. Bus. And Comm. Code Ann. Sec. 15.01. et seq. (1987). 10. RESPONDENT AFFIRMATiON: 10 1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the respondent shall be removed from all bid lists. By sgnature hereon affixed. Inc respondent hereby certifies that: 10 2 The respondent has not given. offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift loan. gratuity, special discount, tip, fes, or service to a public servant in connection with the submitted bid. 10.3 The respondent is not currency delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm. corporation. or entity has voated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such fine of busyness. 10.5 The respondent has not received compensation for participation in the preparation of Inc specification for this IFB. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to lid wilt not be considered unless Inc respondent specifically references them on the front of this bid font. WARNING- Such terms and conditions may result in disqualdication of the bid (e.g. bids with the taws of a state other than Texas nequxeonents for prepayment Limitations on remedies, etc) The City of Round Rock can onty accept bids which contain alt the terms and conditions of its formal IFB: in particular. al re certifications must be included. Submission of bids on forms other than City bid form may result in di respondents' affvmat;Ons and 12 INQUIRIES: Inquiries in%ng to bid invitations must give bid number, ooies, and opening date. ���� of your bid nQ Porta' SUPERSEDES SPECIFICATION NO. 00-938-39-02: DATED: MAY 2005 15 of 17 RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 SOLICITATION NUMBER: 11-019 RESPONDENT'S NAME: Allegiance Power Systems, Inc. 5/10/11 DATE: Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number City of Austin Building Services Don Pearson Facilities Planning Manager Don.Pearson@ci.austin.tx.us PO Box 1088 Austin, Texas 78767 ( 512 ) 974.3971 Fax Number ( 512 ) 974-3961 Williamson County James Whetston Assistant Facilities Director jwhetston@wilco.org 3101 SE Inner Loop Georgetown, Texas 78626 ( 512 ) 943-1599 Fax Number ( 512 ) 930-3313 Austin independent School District Jay Johnson Telecom Manager jjohnso5@austinisd.org 1111 We' Street, Bldg. D230 Austin, Texas 78703 ( 512 ) 414-6000 Fax Number ( 512 ) 414-1507 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 16 of 17 ATTACHMENT B SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 Tab4027.H 3171catCo11v_811«Price13,,c14a (.11.17hV/063533^077 C i,=1111oict.t (CN•Y ll.Sc:ty,orsgs,5i1 iterrz Gong huts { 194,2.44. 103 ',r3 o -a tr aY w G o x40:4 J 14'0 159 1372 1973 15,4 1575 1956 1977 194 1579 1%) 1%1 1932 1%3 1%4 1555 193; 1557 19_3 1%5 193? 1%1 1%2 15.13 1%4 165 19_0 1'.57 14 1I9 ZI') 2401 2532 209 2604 24745 2126 2077 2656 225 2010 2r41 Js� 40 41.4 425 +55 52 4 539 62.8 54.7 783 57.5 101.6 104 5 1039 110.0 1145 119.7 1259 1.28 1350 140.3 143.6 147.5 151.7 156..3 15.9.4 161) 105.6 171.7 173.2 177.7 1409 164 3 1540 197.599 3`6.744 1 212 r53 242 40.1 41.5 43.2 475 528 56.1 595 632 695 744 54' 95.0 43.1 101 105.4 1025 1105 114.7 1202 135,4 1223 136.4 140.7 1445 14.5 .3 1522 1953 15.35 161_1 1E6_5 172.4 1734,7 1792 151.9 187.3 194.2 1Se_644 237.Z4 206.E 212544 216 c.0 2175.+5 ams ~.420_.6. 4+ se, 0123x2,14 33 4 402 41.5 43.6 4:0 53.0 562 Sed. 63.7 703 805 550 048 ss.4 101.5 1059 107.9 111.0 115.1 12749 127.1 1.3.0 1375 141,1 144.4 142.7 1525 157.0 153.7 161.4 1679 1726 174.7 1550.3 1425 1 6 195.3 240.412 209.147 207218 213,%5 Jute 3 7 338 3.9.9 41.4 405 408 41 7 41.5 42.0 43.9 4-.1 4..23 43.8 493 44.4 512 535 53.9 555 4.6.8 57.1 603 616 61.0 64' 845 65.6 71.1 71.9 723 51.4 52.3 832 855 90.3 91.1 .1;52 942 37.4 93.0 995 99.8 102.1 1025 102.5 10433 105.7 107.0 107.6 1075 103_4 1115 1119 1124 116.7 116.2 115.7 1212 1225 1228 127,3 1275 1222 1333 1332 134.1 137.3 1375 13:.1 141.6 1415 142..0 144.7 1445 145.4 149.3 1493 149.9 153.6 154.0 154.1 1572 1572 1574 159.1 1593 156.7 1627 1628 162.8 169.0 16.82 169.2 173.5 174.4 1742 1758 1752 1759 179 6 179.4 179.6 1835 184.7 135.3 1932 1600 153.1 1972 1982 1955 202.133 2343.+41 24.3.55 210.693 212.736 215"3 207.= 869.774 210652 215953 214124 213e39 SUPERSEDES SPECIFICATION NO. 00-936-39.02: DATED- MAY 2005 17 of 17 352 409 42.1 44,5 49.7 549 57.4 613 6,5.0 73.7 33 922 93.0 1011 1032 107.1 103.4 112.7 1172 1232 123.7 1342 13e.4 142.1 1.5.E 145.9 154.3 1575 159.8 15.3.3 165.4 173.8 176.1 1795 184.9 191,0 1992 20344•0 216.36 210435 213.>11dZ 0 352 41.0 144 60.3 54.7 57,7 615 66.4 74.4 53.2 928 932 10~33 1!142 107.3 102.6 1132 117.7 1232 1299 124.6 1332 1424 1465 1502 1545 1572. 190.0 1632 1533 1732 176.6 1503 185.0 152 1 10.6 203.$'9 2153.'7 211.155 2.14,43x; 0o: _ 330.4 4113 42 4 454 935 54.9 67.9 61.5 W.2. 75.1 84.6 93.7 493 101.0 1048 1417,6 109.1 113.E 1185 123.6 131.1 1352 139.1 122.6 146.9 150.6 155.1 1533 1602 164.7 1704 1742 177.0 181.0 1664 1950 156.4. 203.655 214525 2112 21455 39.6 41.1 42.5 45.9 51.4 332 412 42.6 452 51.8 5..3 65.6 552 583 61.9 622 07.4 67.7 73 7 76.4 Ea3 a3.1 939 94.1 5.3.6 y.:.4. 1012 1012 104.8 104.7 107.9 1 .3 103.1 109.2 114.1 114.3 118.9 119.0 1242 124.4 1315 1322 136.4 1:52 1395 123.3 143_3 143.4 147_0 147.3 151,0 1505 1555 1559 1534 1585 190.6 160.7 1590 15x6.1 170.6 170.9 174.0 173.7 1772 177.4 1E0.7 1E02 185.5 185.8 1952 193.4 197.0 1952 7.04,4.8 205.1371 212.132 237...Z6 211549 212.003 214223 214.79) 400 413 427 44. 62.2 55.3 585 6.5 62.1 77.2 659 94,4 92.0 1012 10413 1043 1093 114.2 1192 1245 1322 12.59 135.E 14,33 1472 150.9 1555 1552 160.7 165.1 170.7 1725 177.0 1795 14x,;.0 152.5 1972 205.777 33224313 211.703 215252 SOLICITATION NUMBER 11-019 SPECIFICATION N.UMBER 11-936-39 DATED: MARCH 2011 CITY OF ROUND ROCK INVITATION FOR BID GENERATOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES PARTE GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to contract with a qualified individual, firm, or Corporation, hereafter referred to as "Respondent", to provide on-site preventative maintenance and repair services for generators at various City locations. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation,. the Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Saki Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http:f/www.roundrocktexas.govfhornelindex.asp?page-463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Nora Randall, CPPB, CTPM, CTP Purchasing Department City of Round Rock Telephone: 512-218-7068 nrandail(a�round-rock.tx.us 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 solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a bidshall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. 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. 5.4. Respondent shall employ a minimum of two qualified technicians. Service technicians shall be fully qualified to work on the listed equipment and employed by the successful respondent on the effective date of the contract. Respondent shall verify that service personnel have had training with a minimum of one year of "hands on" experience working on the listed equipment. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 1 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED; MARCH 2011 5.5. Provide the name, address, telephone number and E-MAIL ADDRESS of at least three firms that have utilized similar service for at least (two) 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All bids received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price and terms; 6.2. Reputation of Respondent and of Respondent's goods and services; 6.3. Experience, qualifications and quality of the Respondent's goods and services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total Tong -term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. CONTRACT TERM: The terms of the awarded contract shall: 7.1. The initial term of theresulting contract shall bethree (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 7.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 7.4. If the agreement is terminated, for any reason, the respondent shall turn over alt records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 8. PRICE INCREASE OR DECREASE: A price increase or decrease to the contract may be considered based on the following: 8.1. The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which the solicitations opened. Unit prices may be adjusted for each renewal period and extension period in accordance with changes in index. 8.2. Price adjustments for each renewal and extension periods will be based on the CPI W: http:llwww.bls.gov/cpi/cpi dr.htm, TABLE 27: Historical Consumer Price index for Urban Wage Earners and Clerical Workers: U.S. city average, all items. ATTACHMENT B. 8.2.1. 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. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 2 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 8.2.1.1. A=Baseline index from the month in which the solicitations opened or the month of the last approved price increase. 8.2.1.2. B=Current and/or latest baseline index 8.2.1.3. "B" minus "A", then divided by "A". Multiply sum by 100% equals the percent of the allowable price increase or decrease, "C". C =[(B - A):A]x100% 8.2.2. 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. 8.3. Price increase cannot exceed 25% for the total cost and term of the contract. 8.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 8.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Office ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 8.4.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of the increase. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released April 15, 2011 1.2. Pre -Bid Meeting & Site Visit (Non -Mandatory) April 26, 2011 9:30 AM City Hall Council Chambers 221 E. Main Street Round Rock, Texas78664 1.3. Deadline for questions 1.4. City responses to all questionsor addendums 1.5. Responses for solicitation due by 3:00 p.m. 1.6. Award to Respondent by April 28, 2011 May 3, 2011 May 10, 2011 June 10, 2011 The City reserves the right to modify these dates. Notice of date change will be posted to the City website. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 3 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 2. SOLICITATION DUE DATE:Signed and sealed bids are due no later than 3:00 P.M., on the date noted above to the Purchasing Department. Mail or carry sealed bids to: City of Round Rock Purchasing Office 221 E. Main Street Round Rock, Texas78664-5299 2.1. Bids received after this time and date will not be considered. 2.2. Sealed bids shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted bids are not acceptable. 2.4. Late bids will be returned to Respondent unopened if return address is provided. 3. PRE-BID MEETING AND SITE VISIT: The City will conduct a site inspection of the specified location for all interested Respondents to familiarize them with the site specifications, conditions, difficulties and restrictions and to give all potential Respondents an opportunity to ask questions they may have concerning the solicitation. If a bid is submitted without a representative attending the pre-bid meeting, you may risk having your response considered non-responsive and not available for award. 3.1. Meeting date, time and location: April 26, 2011 9:30 AM City Hall Council Chambers 221 E. Main Street Round Rock, Texas 78664 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 4.1. Schedule preventative maintenance quarterly service time frames. 4.2. Schedule annual maintenance and load test service time frames. 4.3. Provide City contact(s) information. 4.4. Contract terms, renewals, and extensions. PART III SPECIFICATIONS 1. SCOPE OF WORK: Provide on-site maintenance and repair service for generators at various City locations noted on Bid Form herein. This specification covers only the general requirements as to the performance and certain details to which the successful Respondent shall conform. Respondent shall be responsible for the servicing, troubleshooting, repairing, ordering and replacing parts on generators in accordance with manufacturer's recommendations to ensure each unit is operating as designed for the intended application. 2. ADDITIONS, DELETIONS. OR REPLACEMENTS: The City may add, delete or replace a generator on the solicitation. If a generator is replaced, vendor shall perform maintenance on replacement generators when the manufacturer's warranty has expired. The City will advise the vendor by written amendment within twenty (20) business days of the addition or deletion of any location, any new or old generator, and when service shall begin if the generator is new. SUPERSEDES SPECIFICATION 140. 00-936-39-02; DATED: MAY 2005 4 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 3. MAINTENANCE PARTS: At the time the successful Respondent determines a generator needs maintenance or the City calls for service: 3.1. Eighty-five percent of all parts shall be on-site within twenty-four (24) business hoursfor repair of equipment. 3.2. All remaining parts shall be normally on-site within forty-eight (48) hours. Maintenance does not include normal operating supplies. 4. PREVENTIVE MAINTENANCE (PM): Preventative maintenance shall be performed on equipment to include, but not be limited to locations shown on Bid Form. AH PM inspections and repairs shall be in accordance to the manufacturer's recommended guidelines. Successful respondent shall: 4.1. Provide a minimum of four (4) quarterly PM inspections annually. Quarterly inspections are defined to mean inspections that are spaced three (3) months apart. During each of the quarterly inspections, all systems shall be visually checked for potential problems, and shall bemanually tested to assure reliability. Preventive maintenance service shall include, but not be limited to, items identified on ATTACHMENT A and as recommended by manufacturer. 4.2. Contact City Representative of any problems, and advise as to the cost of repairs. No parts, supplies or annual services are included in the basic inspection costs. 4.3. Perform preventive maintenance at a time mutually agreed upon between the City representative and the Respondent. 5. ANNUAL MAINTENANCE (AM): AM service shall be accomplished on each designated generator in thefall or fourth quarter of the year and in conjunction with the PM. AM shall include,in accordance to the manufacturer's recommended guidelines, but not be limited to: 5.1. Check fuel level and drain separator and add fuel additive, as applicable. 5.2. Change oil. 5.3. Filter Replacement - Oil filters, fuel filters, coolant filters and air filters. 5.4. Analysis on oil, fuel and coolant. 5.5. Replacing ignition parts (gas -gasoline units only). 5.6. Testing all safety shutdowns. At this time, a series of tests shall be conducted to ensure reliability and satisfactory interfacing between components. 5.7. Load Test: Load test shall be performed in conjunction with AM. 5.7.1. A minimum two-hour load bank test shall be performed on each of the generators at the time of the AM, unless otherwise noted on the solicitation. 5.7.2. Load bank equipment rental costs and personnel costs shall also be included in the AM. 5.7.3. A copy of the load test results shall be provided to the City within 5 business days. 5.7.4. Shall be performed annually on all generator systems listed below. 5.7.4.1. Central Fire 5.7.4.2. City Hall 5.7.4.3. Fire Station #2 5.7.4.4. Fire Station #3 5.7.4.5. Fire Station #4 5.7.4.6. Fire Station #5 5.7.4.7. Fire Station #6 SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 5 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 5.7.4.8. Fire Station #7 5.7.4.9. Police Department 5.7.4.10. High Service 5.7.4.11. Lake Georgetown 5.7.5. AU other locations not listed shall be at the discretion and request of the City. 5.8. Test Results:Respondents shall provide to the City a copy of all test results upon completion of AM, to include, but not be limited to fuel, oil and coolant analysis, safety shutdowns and load test. 5.9. Perform annual maintenance at a time mutually agreed upon between the City representative and the Respondent. 6. REPAIR SERVICE: Repair service shall be performed at the location(s) of equipment within time allocations specified after call for service. 6.1. Emergency Service Call: Respondent shall: 6.1.1. Respond within one hour of City's call(s) for service. 6.1.2. Be at location of required service within two hours after notification by City. 6.1.3. If during the emergency repair of a generator, the City determines a rental generator is required, Respondent will provide a rental unit until such time as City's generator is repaired and fully functional. In addition, if an emergency arises that requires the use of a rental generator; Respondents shall provide a rental generator at the price bid. All rentals shall be approved by an authorized City representative and billed at the contractors cost plus bid markup. 6.2. Non -Emergency Service Call: Respondent shall: 6.2.1. Respond within four hours of City's call(s) for service. 6.2.2. Be at location of required service within twenty-four hours after notification by City. 6.3. 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). 6.4. Service technicians shall be fully qualified to work on the listed equipment and employed by the Respondent on the effective date of the contract. Respondent shall be able to verify that service personnel have had training with a minimum of one year of "hands on" experience working on the existing and new equipment. 6.5. Consistent failure by the Respondent to respond to service calls within the allowed response time may place the Respondent 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 two (2) out of three (3) consecutive occurrences 7. ENGINEERING CHANGES (EC): The successful respondent shall advise the City within thirty (30) days of EC made available by the equipment manufacturer. The City reserves the right to agree or disagree to the installation of the EC at time of notification. When City agrees to installation, the following applies: 7.1. The equipment manufacturer, or their designated representative, shall install within ninety (90) days of acceptance by City contract administrator. 7.2. EC shall be authorized by the issuance of a purchase order separate from this contract. 7.3. At any point during purchase order or contract term, at the request of the City, Respondent 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, EC levels shall NOT be interpreted to SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 6 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 include generator replacement due to obsolescence. Also, Respondent agrees to replace, at the discretion of the City, any parts installed during the service period that were not manufactured by the OEM. 8. TECHNICAL DOCUMENTATION: The Respondent shall maintain necessary technical documentation pertaining to maintenance or service of the listed equipment and any additions to City's inventory throughout contract and extension periods. 9. MALFUNCTION REPORTS: Respondent 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 used outside the parameters of the quarterly and/or annual charge. Invoices shall be received by the City before the next scheduled quarterly maintenance. 9.1. Reports shall include, at a minimum, the following information: 9.1.1. Date and time notification received. 9.1.2. Location of equipment. 9.1.3. Date and time of arrival. 9.1.4. Type and model of equipment. 9.1.5. Time spent for repair. 9.1.6. Description of malfunction and repair 9.1.7. Date and time equipment is made operational. 9.1.8. Part(s) ordered. 9.2. Detailed description of all completed repair work certifying equipment is in working order, shall be signed by authorized City Representative at the time work is performed and shall accompany the invoice for such work. 10. SERVICE RECORDS: In addition to the malfunction incident report(s),Respondent shall maintain a complete record of all service performed on each piece of equipment, including all parts replaced. The service record shall be an individual record identifying each piece of equipment explicitly, with a complete history of service and all parts used. All service records and all test results shall be furnished to the City for review. SUPERSEDES SPECIFICATION NO. 00 936-39-02; DATED: MAY 2005 7 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 ATTACHMENT A PREVENTIVE MAINTENANCE All maintenance shall be performed as per the manufacturer's recommendations. If in the event of any conflict, the manufacturer's recommendations shall prevail. 1. A trained service representative shall visit a site, as requested by the City, as many times as needed in a year on mutually agreed dates and times to perform preventive maintenance work. All work shall be performed in a safe and professional manner and the work area shall be left in a neat and clean condition. 2. STARTING SYSTEM: • Clean batteries and cables. • Check and record specific gravity if batteries are lead -acid or, check and record voltage readings if batteries are nickel -cadmium. • Check for proper starter operations, noting any usual noises. • Check for proper cranking motor disconnect. • Replace plugs, points, cap, rotor, condenser (where applicable), and clean as required. Check all connections in fuel, oil, cooling, battery, and exhaust systems. • Inspect spark plugs, magneto and coils (where applicable). 3. BATTERY CHARGING SYSTEM: • Clean all battery terminals, verify integrity of cables and connectors. Apply corrosion inhibitor • Check battery charging alternator for proper output. • Check electrolyte level and fill. • Load test batteries • Hydrometer test batteries • Inspect test battery charger for high and low rate and alarms (if applicable) • Check engine alternator. Verify and record output 4. FUEL SYSTEM: • Check engine and supply system for any fuel leaks. • Check operation of day tank pump and float switch. • Check electrical and piping connections to day tank. • Drain condensation from fuel water separator. • Change fuel filters if applicable. • Fuel treatment at City's request to add stabilizer to fuel tanks 5. LUBE OIL SYSTEM: • Check engine oil level. • Check engine oil pressure. • Take sample of lube oil for analysis [one (1) per year) • Change lube oil filter if applicable. • Properly dispose of used oil filters 6. AIR INTAKE SYSTEM: • Inspect air intake system including filter condition, crankcase breather, turbocharger, air - box drains, louvers and ductwork (where applicable). Change filters if applicable. • Listen for any unusual noises from this area. • Insure that air intake flow is not unduly restricted. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 8 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 7. EXHAUST SYSTEM: • Inspect exhaust system including muffler(s) and drain condensation trap. Inspect exhaust flex coupling and piping for leaks and proper operation. • Verify rain cap operation • Check for abnormal vibration noise • Inspect spark plugs, plug wires and distributors (gas fueled only) • Visually check exhaust outlet for excessive smoking. • Visually check crankcase breather for excessive smoking. 8. ENGINE COOLING SYSTEM: • Check coolant level. Fill as needed per manufacturer specifications • Check for proper amount of anti -freeze. • Check coolant freeze point • Check radiator core for obstruction or buildup of foreign matter. • Check general condition of engine coolant. • Check for and repair leaks • Check inhibitors (nitrites) • Replace coolant filter (if applicable) • Check radiator for obstructions and air flow • Check for proper operation of louvers, either motorized of gravity (if applicable) • Check all belts for wear and proper tension. • Check all hoses for cracks and brittleness. • Check jacket water heaters and thermostats for proper operation. Take sample of coolant for analysis [one (1) per year). 9. SPEED CONTROL SYSTEM: • Check governor rods and linkage for loose or worn parts. • Check governor operation under load. • Tighten loose wiring connections and note any potential problems. 10. SAFETY SYSTEM: • Verify and record oil pressure and water temperature. • Test all safety shut down circuits and alarms including over -speed, over -crank, low oil pressure, high water temperature, low coolant level, pre -alarms (if applicable) 11. AC. POWER GENERATOR: • Make a general inspection of all electrical connections on regulator and generator. • Grease bearings if necessary. • Check and adjust voltage regulator. inspect slip rings. 12. ENGINE CONTROL PANEL: • Inspect for any loose connections, terminals, hour meter, oil pressure @ operation RPM (include hot cold PSI) voltmeter, water temperature, and ammeter • Inspect condition of relay contacts. • Thoroughly clean control panel. • Check operation of all lights and replace any indicator lights not working. • Replace any blown fuses. • Check operation of main circuit breaker and leave in "READY" position. • Verify and record output voltage and adjust regulator if needed SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 9 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 • Calibrate control meters • Verify and record output frequency and adjust governor if necessary 13. TRANSFER SWITCHES: • Inspect general cleanliness (interior and exterior) • Inspect lugs, terminals and connections. Tighten lugs as needed • Inspect wires for chafing • Clean contacts • Lubricate per manufacturer specifications • Check for binding or wear of mechanical linkage • inspect for arc damage or contact pitting • Verify proper operation of all panel lamps. Replace as needed 14. GENERAL: • Carefully inspect engine for leaks or deterioration. • Make note of any unusual sounds during walk -around inspections. • Check and adjust voltage and frequency. • Add engine fluids as required. • Grease necessary fittings. • General maintenance on jacket water heaters, engine plumbing, etc. 15. FLUID CHANGE: • One (1) engine oil and oil filter change per year. • Coolants change if applicable. 16. LOAD TESTING: — During load testing, record the readings of the following: • Lube oil pressure • Water Temperature • Frequency • Current (all three phases) • Voltage (all three phases) • Kilowatts • Check auto start - stop move • Check operation of transfer switch when requested by City SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 10 of 20 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Council Agenda Summary Sheet Agenda Item No. 11D1. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of Agenda Caption: Generator Maintenance and Repair Service from Allegiance Power Systems, Inc. Meeting Date: July 14, 2011 Department: General Services Staff Person making presentation: Larry Madsen Construction Liaison Manager Item Summary: This agreement provides for purchase of services relating to on-site preventative maintenance and remedial service by trained technicians for generators at various locations within the City. The initial term of this agreement is for 3 consecutive twelve month periods from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of 12 months each. In May 10, 2011 an invitation for bid was solicited and Allegiance Power Systems, Inc. was named the number one bidder. Strategic Plan Relevance: Build and maintain the facilities needed to make the City attractive to businesses. Cost: $24,667.00 Source of Funds: General & Utility Funds Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERATOR MAINTENANCE AND SERVICE FROM ALLEGIANCE POWER SYSTEMS, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of services relating to on-site preventive maintenance and remedial service by trained technicians for generators at various locations within the City of Round Rock, Texas, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the l day of the month of 114,141- , 2011, 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 ALLEGIANCE POWER SYSTEMS, INC., with a principal business address at Post Office Box 4002, Lago Vista, Texas 78645, 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 services relating to on-site preventive maintenance and remedial service by trained technicians for generators at various locations within the City of Round Rock, Texas, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid 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. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 11-019, Specification Number 11-936-39 dated March 2011; (b) Vendor's 00224639/jkg C Mt( Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. 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. 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, commodities, or equipment. F. Purchase Order means an order placed by City's Purchasing Office for the purchase of goods or services, written on City's standard Purchase Order form, and which when accepted by Vendor becomes a contract. The Purchase Order is Vendor's authority to deliver and invoice City for goods or services specified, and City's commitment to accept the goods or services for an agreed-upon price. G. Services means work performed to meet a demand; and the furnishing of labor, tithe, or effort by the Vendor involving delivery of any specified end product or service; and Vendor's ability to comply with promised delivery dates, specifications, and technical assistance specified. H. Subcontractor means any person or business enterprise providing goods, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of Vendor's obligations arising from this Agreement with City. 1. Vendor means Allegiance Power Systems, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS 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. 2 B. The initial term of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. City reserves the right to review the relationship at any time, 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 as outlined in IFB 11-019, Specification Number 11-936-39 dated March 2011, and Response to IFB submitted by Vendor, all as specified 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 IFB and as offered by Vendor in its Response to IFB. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor in the total corrected amount of $24,667.00. The goods and 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 Unit costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor, in the total corrected amount of $24,667.00. The parties hereto specifically agree that prices for this Agreement shall be atoriginal prices, terms, and conditions plus any properly approved changes. 6.01 PRICE ADJUSTMENT City may permit "unit price" adjustments upward or downward when correlated with the price index specified in this Agreement and exhibits. Vendor acknowledges that Section 8 of IFB 11-019 governs. Generally, the baseline 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 Vendor may offer price decreases in excess of the allowable percent change. 3 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 services as determined by City's budget for the fiscal year in question. City may effect such 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 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, 4 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 IFB 11-019 and in Vendor's Response to IFB. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Pete Dominguez Property Management Coordinator Round Rock Public Works Department 2015 Lamar Street Round Rock, Texas 78664 512-341-3144 pdominguez@round-rock.tx.us 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 be 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 hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in re -advertisement of the service and may not be considered in future bids for the same type work unless the scope of work is significantly changed. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. 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. 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. 6 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 state laws, the Charter and Ordinances of the City of Round Rock, as 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 to each other with respect to the terms of this Agreement. Neither party shall 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: A. When delivered personally to the recipient's address as stated in this Agreement; or B. 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: Allegiance Power Systems, Inc. Post Office Box 4002 Lago Vista, TX 78645 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephen L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 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 of this Agreement, exclusive venue for same shall lie in Williamson County, Texas. This 7 Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 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. 24.01 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 such dispute or claim will be sought to be resolved with the help of a mutually selected 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. 25.01 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 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. 26.01 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 planner according to generally accepted industry practices. 8 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 By: Title: Date Signed: For City, Attest: By: 5)t‘14,11L Sara White, City Secretary For City, By: Stephan grove as to ' orm: Allegiance Power Systems, In/ By: , 11/, Tit ' I e Signed: C-/1-// . Sheets, City t orney 9 COPY INVITATION FOR BiD (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 Bidding information: Generator Maintenance & Repair Services Bid Number 11.019 Opening Date: 05/10/2011 Opening Time: 3:00pm Bid Location: Bids are due to the Purchasing Office at the above address by 3:00pm, May 10. 201 1 Show bid opening date & bid number in lower Left hand corner of sealed bid envelope with return address of bidding firm. Facsimile responses shalt not be accepted Invoice To: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 Bid F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below i City of Round Rock Various Locations SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 221 E. Main Street Council Chambers Round Rock, TX 78664 Return signed one original and three copies of bid Respondent shall sign below Failur y si. n bid will disqu Authorized Signature John W. Smith Print Name See 1.7 of Bidding instructions TAX ID NO.: 26-4687729 LEGAL BUSINESS NAME: Allegiance Power Systems, Inc. ADDRESS: PO Box 4002, Logo Vista, Texas 78645 CONTACT: John W. Smith TELEPHONE NO: 512.267.1215 BUSINESS ENTITY TYPE: Corporation- SCorp E-MAIL: john.smith@allegiancepotiwersystems.com By the signature hereon affixed, the respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of the State, codified in Section 15.01 et seq., Texas business and commerce Code, or he Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business. Respondent agrees to comply with all conditions set forth in this IFB. This is for a three year agreement with two 12 -month renewal options for generator maintenance and repair service in accordance with specification no 1 1-936-39, revised 03-2011 (16 pages) ITEM 2 t..00ATiON 01, GENERATORS The ftaca Center 301 W. Bagdad Ave., Bldg 2 Central Fire 203 Commerce, Blvd SCHEDULE QUARTERLY (PM) ANNUAL MAINT MAINT (AM) Bib SHEET QTY UNIT MAKE & MODEL 3 CTR Kohler 62kw. 3 phase 277/480 QTR QUARTERLY (PM) ANNUAL. MAINT (AM) r LOAD TEST (AM) SUPERSEDES SPECIFICATION NO 00-935-39.02, DATED: MAY 2005 3 277/480 V; MdI. 60RE07Jf3 l=uet: Diesel Ser. # 2025920 Q Caterpillar. 80kw, 1 -phase 1 QTR 230/115 V; Mdl. 080.4 11 of 17 1 EA Fuel- Diesel Ser. # CNCE00675 UNIT i EXTENSION PRICE 8125 S375 6270 S270 96 520.0 8125 5375 6351 5351 5380 5380 5250 SOLICITATION NUMBER 11-01n SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 11E1., LOCATION OF 1 _ BID SHEET # GENERATORS „,„ EXTENSION UNIT f UNIT QUARTERLY `� �� T _`.~, Olympian xuo�' �------ m�*mms�a/ »wwu��mmM------'• '^p=" o/� *mms�a / ANNUAL -----' -� -`'�~'^~°~` ^v�s 4 Fire Station #2 F -LOAD TEST (AM [001$40O~ -um/ rrn^wun�W�uz�pu > / 1 8400 EA Fuel: Diesel -- | 5500 5500 �Ser. wwwu02o24 5450 QUARTERLY v",)u .. 206 West Bagdad Ave ANNUAL �----- -ONT ,-) LOAD TEST AM) ,_ 50,13,s18At '-~— / Fire Station #u ' QUARTERLY .P. 1991 Rawhide o, ANNUAL MA1NT (AM) LOAD TEST (AM) 6 Fire Statio#^ 3300 Gattis School Rd. QUARTERLY (PM) ANNUAL wmwr( LOAD r�r�� —' �________ -- 8125 1 / EA | Fuel: Diesel __. ( Ser.* 2091130 208/120 V; JAIL D30-85 �-�_--�---�--A'''~�~l /»em� 5200 S150 5375 S325 S370 S370 8260 / ----- 5125 5375 S227 5227 x�_ [_]L�l�//��#cAn�o�rooEooyo 3 QTR ^^ ' S375 AM) 1 QTR M�emm`o^� __-____ EA �________ 7 8 Fire Station #5 350 Deepwood Dr. Fire Station #6 9 Fire Station #7 � | mnOakmont cr 10 Public Works 2008 Enterprise Drive QUARTERLY (PM) ANNUAL (AM) LOAD TEST (AM) QUARTERLY (PM) 2919 Joe Dimaggio elvd. ANNUAL MA1NT (AM) OAD TEST (AM QUARTERLY (PM) xNNuALwmw (w LOAD TEST (AM) 3 1 -"r- J Ser. # Not Visible QTR 208n20*Mdl.o509 EA Fuel, Diesel QT QTR 5270 5350 8180 Ser. wseoowu001 Cummins, onkw.muekvu1-poaso `xnoonV;mm/.oGoA'xnn,xax EA Fuel: Diesel Ser. #1040e9435 8125 8270 5270 5270 5350 5350 5180 S125 nuo 5325 5325 5380 5380 5260 3 | oKohler, o0kn,1- ---------- A) , ) QTR120/240.. / ..l. --_'_ 325 S325 /-��-____ 1EA -~Diesel - "�=0 5380 u'�/--n----e=� �-x""'~ ) ^«m, [ QUARTERLY (PM) / ��n�_ s"�w4nm,/vx�e `S125 5375 1 ANNUAL MANI .- 1 ^°...~ .'^" volts, , �o�*u+ Fuel: Diesel _�". '_' Police Department nm/w�ma�m) 3 QT Kohler. phase 1 OTR ______&.A. S nm��S125 S375 �u�mmno��5699 5699 icyul QUARTFRLY (PA!) ssitintia 4. ‘ ..v. i 4,,,,,, '-' SS :r.l. :. : 23 17 63 12 Forest Creek 1 QUARTERLY (PM) i _Lbr/ 1 2119 Hilton Head Or. _ , ANNUAL MAINT (AM) ' �"�°,zvm,zo�mm cnao� S375 xxr SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 12of,7 oo' 8350 / SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 ,_.... . _ .......... ... .. BID SHEET ULE SCHEDUNIT GENERATORS QIY UNIT I I MAKE & MODEL EXTENSION 13 Forest Creek 2 PRICE QUARTERLY (PM) I 3 QTR Generac. 100kw. 125kva, 3-phase 6125 3-3-7-5;--- .. --- 3621 Carriousty Cove ANNUAL MAIN! (Aft M) 1 QTR 2771480 V: Mdl. 98A03027 -S $325 3325 14 Forest Creek 3 3820 Trevino Dr. ; Fuel; Diesel •.k QUARTERLY (PM) 3 QT 1 QTR Ser. 2044055 01yrnpian, 30kw. 75kva, 3-phas ANNUAL l'AAINT (AM) 2 -LOAD-TEST4AM).-- 6260 S125 3375 77/480 V; MdI. 97A055599 -S 5227 5227 15 Forest Creek 4 3222 Bay Ifiil Lane 16 Settlers Crossing Co Rci 117 fl.) N. Red Bud 1.n. QUARTERLY - QUARTERLY (PM) 3 ANNUAL MAINT (AM) 1 .LOAD-TEST4At4)______ 1-&4VIAdS&S-f QUARTERLY (PM) ,_ ltij Fuel: Diesel Ser. 2037576 QT Olympian, 40kw, 40kva, 1 -phase QTR 230/115 V; MdI. 040P15 EA. Fuel: Diesel Ser. # E3052A1001 Generac, 60kw, 75kva, 3-phase 277/480 volts, MM. 5267450100 Fuet:Desel Ser. # 2083251 Onan, 900kw,3-Phase 277/480 V; Mdl. 9000FFIC EA Fuel: Diesel ANNUAL MAINT (AM) QT 1 QTR 40S14,AM) si 17 Lake Georgetown 2040 Cedar Bend 18 Sewer PT McNutt Lift 3939 E. Palm Valley Blvd 19 Water Treatment Plant 5200N 11135 QUARTERLY (PM) ANNUAL MAINT (AM) LOAD 'TEST (AM) • -14 QUARTERLY (PM) ANNUAL MA1NT (AM) -1.040-1EST4AM), • , • • QUARTERLY (PM) 3 QT 1 QTf-Z QT Pt / ANNUAL MAINT (AM) .,LOACLIEST-(AM)- 20 High Service QUARTERLY (PM) 1 tro . 5200 N. I1135 ANNUAL MAINT (AM) 4330 330-- 3150 6125 $375 S227 6227 V-346-7-4340-- 3180 6125 5375 S270 6270 6200 6125 6375 31092 S1092 S1350 Ser. # H000135813 61525 S1350 Generac, 350kwa, 300kw. 3 phase S125 1 QTR 277/480 V; MdI. 7808900400 1 —EA, Fuel: Diesel Ser. 2093492 so, 8375 6410 3410 4726- 3540 7-26 3 QT Olympian, 35kw, 3 Phase, 1 QTR 277/480 V: Md1. D3OP1S t__ Fuel: Diesel Ser. # D4080A/00 3 QTj Kohter, ,1820kw, 3 phase 5125 1 QTR L__51500 1 EA 62500 3125 J 3375 5227 S227 4435- 5150 277/480 V; IkAdl. 1820REOZM Fuel: Diesel Ser. # 2064745 LOAD TEST (AM) i 21 ..••••• ,,• • Water Treatment Plant 5200 N 1H35 &' QUARTERLY (PM) 3 QTJ Olympian, 50kw, 62.5 kva. 3-phase 6125 $375 4‘ A Al Le. S375 51500 52500 $2063 ANNUAL MAINT (AM) 1 QTR 480/277 volts, Mdt DSOP3 Fuel: Diesel SUPERSEDES SPECIFICATION NO. 00-936-39-02: DATED: MAY 2005 13 of 1/ Ser, f OLY00000PNPF01844 3270 6270 ,c4.69 3180 ITEM LOCATION OF GENERATORS 22 Stone Oak —I 10999 Wyoming Springs Slt) SHEET SCHEDULE QTY UNIT QUARTERLY (PM) 3 QTR ANNUAL MAINT (AM) 1 I QTR -LOAD-TEST-OA 6v(0,0.4.0 ---^,.•., tLL9 b.MU SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936.39 DATED: MARCH 2011 _ MAKE & MODEL PRICE UNIT Olympian. 501m, 62.5 kva, 3-phase S125 4801277 volts. Mdl. D50P3 S270 Fuel: Diesel Ser. # OLY00000TNPF01660 5180 TOTAL _ 1484444)0— DELIVERY IN DAYS SUPERSEDES SPECIFICATION NO, 00-936-39-02: DATED: MAY 2005 14 of 17 ! $80 . • i 5120 I - 0 1 1--"1-7-A-E7-0--------------T----------"---------RA DESCRIPTION E QTY LINi MINIMUM CHARGE (IF ANY) OF 2 __ HOURS 1 HR 2 LABOR RATE - AFTER HOURS RATE MINIMUM CHARGE (IF ANY) OF 2 HOURS 1 HR 3 EMERGENCY - REGULAR HOURLY RATE MINIMUM CHARGE (IF ANY) OF 2 HOURS 1 HR _ ______ 4 EMERGENCY - AFTER HOURS RATE • MINIMUM CHARGE (IF ANY) OF 2 HOURS 1 HR 5 PRICES FOR PARTS MAY 8E ON A COST-PLUS BASIS. THE 1 PERCENTAGE (%), IF ANY. OF MARKUP WILL BE 25% INVOICES FOR WORK PERFORMED, SHALL REQUIRE A COPY OF PARTS RECEIPT TO BE INCLUDED. FAILURE TO PROVIDE COST-PLUS PERCENTAGE FOR MAY RESULT IN AN AT -COST TO THE CITY, 6 TRIP CHARGE. IF ANY 1 TRIP NOTE: IT IS UNDERSTOOD BY BOTH PARTIES THAT A SINGLE --1 TRIP AND NOT MILEAGE MAY 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 trio champt SUPERSEDES SPECIFICATION NO, 00-936-39-02: DATED: MAY 2005 14 of 17 ! $80 . • i 5120 I - 0 1 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 BID FORM INSTRUCTIONS DATED: MARCH 2011 ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFS). 1 2 Bids should be submitted on Bid Sheet. Each bd shall be placed in a separate envelope completely and properly identified. Bids must be in the office of the City Purchasing Agent before the hour and date specified on this IFB. 1.3 Late bids property identified mitt be returned to respondent unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless othenv'se specified on the iFB. If otherv;se, shay exact cost to deriver, 1.5 Ski unit price on quantity and unit of measure speofied, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase vtl not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List' bids are not acceptance unless requested. Cash discount will not be considered in determining the low bd. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number, full name and address of respondent. Failure to sign will disqualify bid. Person signing bid shalt show title and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the uppers , Individual, Partnership, Sde Proprietorship, Estater ust, Corporation, Governmental. Non-profit, all others righthall be specified. sINDIVIDUAL: one(1) a and number a name of entity and Tax identification N umber (Tine shown on Social Security Card. SOLE PROPRIETORSHIP; List Legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No bid can be :ithdrawn after opening time without approval of the CiTY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or arty part of bid, waive minor technicalities and award the bid to best serve the interests of the be made at the sole discretion of the City. City, Split awards may 1.11 Consistent and continued tie beds could cause rejection of bids by the City andror investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the iF8 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received fate, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 My catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the previsions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. if respondent takes no exceptions to specifications or reference data in bid, respondent will be required to furnish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first Gass condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the respondent, on request, at respondent expense. Each example should be marked with respondents' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any ora/ statement or representation contrary to the written specifications of this 1FB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated In the IFB. 3. TIE BIDS: to case of tie bids. the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in Citys designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen (14) calendar days. Unreatisticatly short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid_ Contractor must keep the City advised at alt times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase suppies elsewhere and charge fu I increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of Inc City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: Alt goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with Inc bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of Inc testing shaft be borne by the supplier_ Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Respondent or held for disposition at Respondent's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in Inc IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued The contract shall be governed, construed, and interpreted under Inc Charter of the City and Inc laws of State of Texas, Alt contracts are subject to the approval of the City Council. 7 PAYMENT: Respondent shall submit three (3) copies of an invoice showing Inc purchase order number on all copies. 8 PATENTS AND COPYRIGHTS: The contractor agrees to protect Inc City from claims involving infringements of patents or copyrights 9 RESPONDENT ASSIGNMENTS: Respondent hereby assigns to purchaser any and all clams for overcharges associated with this contract, which arise under Inc antitrust taws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01. et seq (19667). 10. RESPONDENT AFFIRMATION: 10 1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the respondent shall be removed from all bid lists. By signature hereon affixed. the respondent hereby certifies that. 10 2 The respondent has not given, offered to give, nor intends to give any time hereafter any econornlc opportunity, future employment. gift. loan. gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor Inc firm, corporation, partnership, or any entity represented by Inc respondent, or anyone acting for such firm. corporation, or entity has violated the antitrust laves of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or Inc Federal Antitrust Laws, nor communicated directly indirectly the bid made to any competitor, or any other person engaged in such tine of business. 10.5 The respondent has not received compensation for participation in Inc preparation of Inc specification for this IFS. 11 NOTE TO RESPONDENTS Any terms and conditions attached to bid will not be considered unless Inc respondent speoiica:ly references them on time front of this bid form. WARNING- Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB: in particular, at respondents' affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualifcation of your bid 12 INQUIREES. Inquiries pertain%ng to bid invitations must give bid number, cedes, and opening date. SUPERSEDES SPECIFICATION NO. 00-935-39.02: DATED: MAY 2005 15 of 17 RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 SOLICITATION NUMBER: 11-019 RESPONDENT'S NAME: Allegiance Power Systems, Inc. 5/10/11 DATE: Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number City of Austin Building Services Don Pearson Facilities Planning Manager Don.Pearson@ci.austin.tx.us PO Box 1088 Austin, Texas 78767 ( 512 ) 974,3971 Fax Number ( 512 ) 974-3961 Williamson County James Whetston Assistant Facilities Director jwhetston@witco.org 3101 SE Inner Loop Georgetown, Texas 78626 ( 512 ) 943-1599 Fax Number ( 512 ) 930-3313 Austin Independent School District Jay Johnson Telecom Manager jjohnso5@austinisd.org 1111 W 8Li' Street, Bldg. D230 Austin, Texas 78703 ( 512 ) 414-6000 Fax Number ( 512 ) 414-1507 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. SUPERSEDES SPECIFICATION NO. 00-936-39-02, DATED* MAY 2005 16 of 17 ATTACHMENT B SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 Table 27. His1107fca1 Cans#.L11a Price indc,.iar tktarl W06,0 Earm3Tr. and Cxx1,1 W0r9carz (CF1-Wx t1. S. city 3voraffa, zll iterns•Cord nu,d (1:?'w• 4441C trhxz CONY",t6r x t Yom• 190 1231 192 19.3 1574 1 575 1576 197 196 199 19@) 19x1 1M2 1%.3 194 1SES 196 1%7 19±3 299 1%3 1%1 1942 1553 1%4 196 1%3 1917 1%6 155 21*) 3701 212,2 2 3 4304 21715 316 4327 20)8 3X6 2010 2411 401 40.0 41.4 423 46_5 52 4 56.0 5.°9 82.8 04.7 783 97.5 101.6 1049 1039 110.0 114.5 119.7 1259 132.E 136_0 140.3 1435 6't 33.1 n4 40.1 402 41.0 41.6 432 43.5 475 4.30 528 43.0 56.1 562 593 592 632 63.7 695 703 79.4 £0.5 2`3 a 89.0 93.0 542 98.1 5,4 101,5 101.8 105.4 106 9 400.5 1079 1105 111A 114.7 115.1 1202 1202 126.4 127.1 1725 123.0 136.4 137.0 140.7 141.1 144.0 1.4.4 147.5 146,3 146.7 151.7 152.2 1525 156..3 1553 187.0 151104 5 152.7 1610 116531_1 161.4 165.5 1663 1679 171.7 172.4 1726 1732 173.7 174.7 177.7 1792 1203 12135 141,9 12 8 1853 187.3 18^96 1840 1942 1933 197-595 1563514 203.612 3:,5.744 3)7.M4 299.147 205.72.3 235.702. 1377212 212 558 216 4)0 212514 211M5 217.15 sem) ,S.:.:•‘ -‘44:e. 3"t v' 61:,49 4.4:. 38 7 40.4 427 .12.9 499 522 5.6.5 Et03 643 71.1 21.4 89.6 53_2 93.0 102.1 12553 107.6 111.6 113.7 121 1273 1:33 137,3 141.5 144.7 149,3 153.6 1572 159.1 162.7 165.0 173.5 175E 179 2 1E35 1932 1872 2,32. 13) 210th; 207225 21396;3 tiny 4034 34.9 39.0 .209 408 41.9 42.0 44.1 44.4 4.32 493 53.5 93.9 922 97.1 60.6 61.0 85.6 71.9 72.2 52.3 832 973 91.1 97.+4 953 99..2 102 5 102.2 105.7 107.0 1073 103.4 1115 112.4 1162 115.7 1225 122 8 1275 1223 1332 124.1 137.5 133.1 1415 142..0 1443 145.4 1453 1499 154.0 164.1 1572 1974 159.5 139.7 162E 192.8 1622 1652 174,4 174,6 176.8 1792 179.4 179.6 124..7 155.3 1900 192.1 1992 1936 203.90 33.96 222 7 5 2155 204.774 210.92 214 124 21299 SUPERSEDES SPECIFICATION NO. 00-936-39.02; DATED. MAY 2005 17 of 17 3.2/ :02 4+0,9 42.1 449 49.7 545 57.4 613 66.0 73.7 33.3 922 83.0 103_1 1032 107.1 103.4 112.7 1172 123.2 122.7 1342 253.4 1421 1452 1499 1542 1575 159.8 1533 169.4 1732 176.1 179.6 124.9 191,0 1:492 203.73) 216.35 210.95 212E96 392 41,0 422 .25.4 .0.3 54.7 57.7 615 66.4 744 832 928 932 1205 1042 1073 13.6.5 1133 117.7 1232 129.9 174.6 1392 1444 1463 1502 154.5 1514. 150 0 1632 1922 1732 176.6 12 3 185.0 142 1 199.6 233.199 21537 211.135 214.X15' 33.4 41)) 424 452 93.9 54.9 679 615 66..3 75.1 94.6 43.7 58.2 101.0 127.3 107.6 109.1 113.6 1195 123.6 131.2 1352 139.1 142.6 1455 1505 155.1 153.3 160.2 164.7 1704 174.3 177.0 181.0 195.4 155 0 144.4 203.939 214915 211222 214 X4 39.6 41.1 425 453 51.4 S53 55.2 51.9 07.4 75 7 233 939 9.3A 1012 104...2 107.9 103.1 114.1 113.9 1242 1315 136.4 1.39.6 143.3 147.) 1514) 18.5.2 153.5 104.6 165)) 270.6 173.0 1772 172.7 1855 1952 1970 212.132 211_649 214,6`3 332 412 425 55.6 3 622 67.7 76.4 54.1 99.4 101.2 104.7 10.3.3 10!32 114.3 115.0 124.4 1322 135E 133,8 143.4 147.3 1535 1559 1583 193.7 153.1 170.9 173.7 177.4 1602 125.8 193.4 255.6 205.831 3n24 212.CM Da_ 4.00 412 42.7 43.6 52.2 65.2 583 E�5 6 .1 77.2 66.9 94.4 9C.0 101.2 1043 122.5 11;.62 114.2 119.2 124 1822 1759 189..E 1433 1472 1509 1559 1662 150.7 165.1 270.7 172.9 177.0 1795 16.0 192.5 1972 205.777 374 £13 211.703 2152 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 CITY OF ROUND ROCK INVITATION FOR BID GENERATOR PREVENTATIVE MAINTENANCE AND REPAIR SERVICES PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to contract with a qualified individual, firm, or Corporation, hereafter referred to as "Respondent", to provide on-site preventative maintenance and repair services for generators at various City locations. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http:/Iwww.roundrocktexas.govlhorne/index.asp?paqe=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http:llwww.roundrocktexas.govlhome/index.asp?page=463. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Nora Randall, CPPB, CTPM, CTP Purchasing Department City of Round Rock Telephone: 512-218-7068 nrandall aPround-rock.tx.us 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 solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a bidshall not be construed as the City's acceptance of such as qualified and responsive. An Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. 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. 5.4. Respondent shall employ a minimum of two qualified technicians. Service technicians shall be fully qualified to work on the listed equipment and employed by the successful respondent on the effective date of the contract. Respondent shall verify that service personnel have had training with a minimum of one year of "hands on" experience working on the listed equipment. SUPERSEDES SPECIFICATION NO. 00-936-39-02: DATED: MAY 2005 1 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 5.5. Provide the name, address, telephone number and E-MAIL ADDRESS of at least three firms that have utilized similar service for at least (two) 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All bids received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price and terms; 6.2. Reputation of Respondent and of Respondent's goods and services; 6.3. Experience, qualifications and quality of the Respondent's goods and services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. CONTRACT TERM: The terms of the awarded contract shall: 7.1. The initial term of theresulting contract shall bethree (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 7.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 7.4. If the agreement is terminated, for any reason, the respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 8. PRICE INCREASE OR DECREASE: A price increase or decrease to the contract may be considered based on the following: 8.1. The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified herein. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which the solicitations opened. Unit prices may be adjusted for each renewal period and extension period in accordance with changes in index. 8.2. Price adjustments for each renewal and extension periods will be based on the CPi-W: http://www.bis.gov/cpi/cpi dr.htm, TABLE 27: Historical Consumer Price index for Urban Wage Earners and Clerical Workers: U.S. city average, all items. ATTACHMENT B. 8.2.1. 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. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 2 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 8.2.1.1. A=Baseline index from the month in which the solicitations opened or the month of the last approved price increase. 8.2.1.2. B=Current and/or latest baseline index 8.2.1.3. "B" minus "A", then divided by "A". Multiply sum by 100% equals the percent of the allowable price increase or decrease, "C". C =[(B - A) : A]x100% 8.2.2. 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. 8.3. Price increase cannot exceed 25% for the total cost and term of the contract. 8.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 8.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Office ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 8.4.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of the increase. PART 11 SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Pre -Bid Meeting & Site Visit (Non -Mandatory) 9:30 AM City Hall Council Chambers 221 E. Main Street Round Rock, Texas78664 1.3. Deadline for questions 1.4. City responses to all questionsor addendums 1.5. Responses for solicitation due by 3:00 p.m. 1.6. Award to Respondent by April 15, 2011 April 26, 2011 April 28, 2011 May 3, 2011 May 10, 2011 June 10, 2011 The City reserves the right to modify these dates. Notice of date change will be posted to the City website. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 3 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 2. SOLICITATION DUE DATE:Signed and sealed bids are due no later than 3:00 P.M., on the date noted above to the Purchasing Department. Mail or carry sealed bids to: City of Round Rock Purchasing Office 221 E. Main Street Round Rock, Texas78664-5299 2.1. Bids received after this time and date will not be considered. 2.2. Sealed bids shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted bids are not acceptable. 2.4. Late bids will be returned to Respondent unopened if return address is provided. 3. PRE-BID MEETING AND SITE VISIT: The City will conduct a site inspection of the specified location for all interested Respondents to familiarize them with the site specifications, conditions, difficulties and restrictions and to give all potential Respondents an opportunity to ask questions they may have concerning the solicitation. If a bid is submitted without a representative attending the pre-bid meeting, you may risk having your response considered non-responsive and not available for award. 3.1. Meeting date, time and location: April 26, 2011 9:30 AM City Hall Council Chambers 221 E. Main Street Round Rock, Texas 78664 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 4.1. Schedule preventative maintenance quarterly service time frames. 4.2. Schedule annual maintenance and load test service time frames. 4.3. Provide City contact(s) information. 4.4. Contract terms, renewals, and extensions. PART III SPECIFICATIONS I. SCOPE OF WORK: Provide on-site maintenance and repair service for generators at various City locations noted on Bid Form herein. This specification covers only the general requirements as to the performance and certain details to which the successful Respondent shall conform. Respondent shall be responsible for the servicing, troubleshooting, repairing, ordering and replacing parts on generators in accordance with manufacturer's recommendations to ensure each unit is operating as designed for the intended application. 2. ADDITIONS, DELETIONS, OR REPLACEMENTS: The City may add, delete or replace a generator on the solicitation. If a generator is replaced, vendor shall perform maintenance on replacement generators when the manufacturer's warranty has expired. The City will advise the vendor by written amendment within twenty (20) business days of the addition or deletion of any location, any new or old generator, and when service shall begin if the generator is new. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 4 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 3. MAINTENANCE PARTS: At the time the successful Respondent determines a generator needs maintenance or the City calls for service: 3.1. Eighty-five percent of all parts shall be on-site within twenty-four (24) business hoursfor repair of equipment. 3.2. All remaining parts shall be normally on-site within forty-eight (48) hours. Maintenance does not include normal operating supplies. 4. PREVENTIVE MAINTENANCE (PM): Preventative maintenance shall be performed on equipment to include, but not be limited to locations shown on Bid Form. All PM inspections and repairs shall be in accordance to the manufacturer's recommended guidelines. Successful respondent shall: 4.1. Provide a minimum of four (4) quarterly PM inspections annually. Quarterly inspections are defined to mean inspections that are spaced three (3) months apart. During each of the quarterly inspections, all systems shall be visually checked for potential problems, and shall bemanually tested to assure reliability. Preventive maintenance service shall include, but not be limited to, items identified on ATTACHMENT A and as recommended by manufacturer. 4.2. Contact City Representative of any problems, and advise as to the cost of repairs. No parts, supplies or annual services are included in the basic inspection costs. 4.3. Perform preventive maintenance at a time mutually agreed upon between the City representative and the Respondent. 5. ANNUAL MAINTENANCE (AM): AM service shall be accomplished on each designated generator in thefall or fourth quarter of the year and in conjunction with the PM. AM shall include,in accordance to the manufacturer's recommended guidelines, but not be limited to: 5.1. Check fuel level and drain separator and add fuel additive, as applicable. 5.2. Change oil. 5.3. Filter Replacement - OH filters, fuel filters, coolant filters and air filters. 5.4. Analysis on oil, fuel and coolant. 5.5. Replacing ignition parts (gas -gasoline units only). 5.6. Testing all safety shutdowns. At this time, a series of tests shall be conducted to ensure reliability and satisfactory interfacing between components. 5.7. Load Test: Load test shall be performed in conjunction with AM. 5.7.1. A minimum two-hour load bank test shall be performed on each of the generators at the time of the AM, unless otherwise noted on the solicitation. 5.7.2. Load bank equipment rental costs and personnel costs shall also be included in the AM. 5.7.3. A copy of the load test results shall be provided to the City within 5 business days. 5.7.4. Shall be performed annually on all generator systems listed below. 5.7.4.1. Central Fire 5.7.4.2. City Hall 5.7.4.3. Fire Station #2 5.7.4.4. Fire Station #3 5.7.4.5. Fire Station #4 5.7.4.6. Fire Station #5 5.7.4.7. Fire Station #6 SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 5 of 20 5.7.4.8. 5.7.4.9. Fire Station #7 Police Department SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 5.7.4.10. High Service 5.7.4.11. Lake Georgetown 5.7.5. All other locations not listed shall be at the discretion and request of the City. 5.8. Test Results:Respondents shall provide to the City a copy of all test results upon completion of AM, to include, but not be limited to fuel, oil and coolant analysis, safety shutdowns and load test. 5.9. Perform annual maintenance at a time mutually agreed upon between the City representative and the Respondent. 6. REPAIR SERVICE: Repair service shall be performed at the location(s) of equipment within time allocations specified aftercall for service. 6.1. Emergency Service CaII: Respondent shall: 6.1.1. Respond within one hour of City's call(s) for service. 6.1.2. Be at location of required service within two hours after notification by City. 6.1.3. If during the emergency repair of a generator, the City determines a rental generator is required, Respondent will provide a rental unit until such time as City's generator is repaired and fully functional. In addition, if an emergency arises that requires the use of a rental generator; Respondents shall provide a rental generator at the price bid. All rentals shall be approved by an authorized City representative and billed at the contractors cost plus bid markup. 6.2. Non -Emergency Service Call: Respondent shall: 6.2.1. Respond within four hours of City's call(s) for service. 6.2.2. Be at location of required service within twenty-four hours after notification by City. 6.3. 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). 6.4. Service technicians shall be fully qualified to work on the listed equipment and employed by the Respondent on the effective date of the contract. Respondent shall be able to verify that service personnel have had training with a minimum of one year of "hands on" experience working on the existing and new equipment. 6.5. Consistent failure by the Respondent to respond to service calls within the allowed response time may place the Respondent 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 two (2) out of three (3) consecutive occurrences 7. ENGINEERING CHANGES (EC): The successful respondent shall advise the City within thirty (30) days of EC made available by the equipment manufacturer. The City reserves the right to agree or disagree to the installation of the EC at time of notification. When City agrees to installation, the following applies: 7.1 The equipment manufacturer, or their designated representative, shall install within ninety (90) days of acceptance by City contract administrator. 7.2. EC shall be authorized by the issuance of a purchase order separate from this contract. 7.3. At any point during purchase order or contract term, at the request of the City, Respondent 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, EC levels shall NOT be interpreted to SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 6 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 include generator replacement due to obsolescence. Also, Respondent agrees to replace, at the discretion of the City, any parts installed during the service period that were not manufactured by the OEM. 8. TECHNICAL DOCUMENTATION: The Respondent shall maintain necessary technical documentation pertaining to maintenance or service of the listed equipment and any additions to City's inventory throughout contract and extension periods. 9. MALFUNCTION REPORTS: Respondent 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 used outside the parameters of the quarterly and/or annual charge. Invoices shall be received by the City before the next scheduled quarterly maintenance. 9.1. Reports shall include, at a minimum, the following information: 9.1.1. Date and time notification received. 9.1.2. Location of equipment. 9.1.3. Date and time of arrival. 9.1.4. Type and model of equipment. 9.1.5. Time spent for repair. 9.1.6. Description of malfunction and repair 9.1.7. Date and time equipment is made operational. 9.1.8. Part(s) ordered. 9.2. Detailed description of all completed repair work certifying equipment is in working order, shall be signed by authorized City Representative at the time work is performed and shall accompany the invoice for such work. 10. SERVICE RECORDS: In addition to the malfunction incident report(s),Respondent shall maintain a complete record of ail service performed on each piece of equipment, including all parts replaced. The service record shall be an individual record identifying each piece of equipment explicitly, with a complete history of service and all parts used. Ali service records and all test results shall be furnished to the City for review. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 7 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 ATTACHMENT A PREVENTIVE MAINTENANCE All maintenance shall be performed as per the manufacturer's recommendations. If in the event of any conflict, the manufacturer's recommendations shall prevail. 1. A trained service representative shall visit a site, as requested by the City, as many times as needed in a year on mutually agreed dates and times to perform preventive maintenance work. All work shall be performed in a safe and professional manner and the work area shall be left in a neat and clean condition. 2. STARTING SYSTEM: • Clean batteries and cables. • Check and record specific gravity if batteries are lead -acid or, check and record voltage readings if batteries are nickel -cadmium. • Check for proper starter operations, noting any usual noises. • Check for proper cranking motor disconnect. • Replace plugs, points, cap, rotor, condenser (where applicable), and clean as required. Check all connections in fuel, oil, cooling, battery, and exhaust systems. • Inspect spark plugs, magneto and coils (where applicable). 3. BATTERY CHARGING SYSTEM: • Clean all battery terminals, verify integrity of cables and connectors. Apply corrosion inhibitor • Check battery charging alternator for proper output. • Check electrolyte level and fill. • Load test batteries • Hydrometer test batteries • Inspect test battery charger for high and low rate and alarms (if applicable) • Check engine alternator. Verify and record output 4. FUEL SYSTEM: • Check engine and supply system for any fuel teaks. • Check operation of day tank pump and float switch. • Check electrical and piping connections to day tank. • Drain condensation from fuel water separator. • Change fuel filters if applicable. • Fuel treatment at City's request to add stabilizer to fuel tanks 5. LUBE OIL SYSTEM: • Check engine oil level. • Check engine oil pressure. • Take sample of lube oil for analysis [one (1) per year] • Change lube oil filter if applicable. • Properly dispose of used oil filters 6. AIR INTAKE SYSTEM: • inspect air intake system including filter condition, crankcase breather, turbocharger, air - box drains, louvers and ductwork (where applicable). Change filters if applicable. • Listen for any unusual noises from this area. • Insure that air intake flow is not unduly restricted. SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 8 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 7. EXHAUST SYSTEM: • inspect exhaust system including muffler(s) and drain condensation trap. Inspect exhaust flex coupling and piping for leaks and proper operation. • Verify rain cap operation • Check for abnormal vibration noise • Inspect spark plugs, plug wires and distributors (gas fueled only) • Visually check exhaust outlet for excessive smoking. • Visually check crankcase breather for excessive smoking. 8. ENGINE COOLING SYSTEM: • Check coolant level. Fill as needed per manufacturer specifications • Check for proper amount of anti -freeze. • Check coolant freeze point • Check radiator core for obstruction or buildup of foreign matter. • Check general condition of engine coolant. • Check for and repair leaks • Check inhibitors (nitrites) • Replace coolant filter (if applicable) • Check radiator for obstructions and air flow • Check for proper operation of louvers, either motorized of gravity (if applicable) • Check all belts for wear and proper tension. • Check all hoses for cracks and brittleness. • Check jacket water heaters and thermostats for proper operation. Take sample of coolant for analysis [one (1) per year]. 9. SPEED CONTROL SYSTEM: • Check governor rods and linkage for loose or worn parts. • Check governor operation under load. • Tighten loose wiring connections and note any potential problems. 10. SAFETY SYSTEM: • Verify and record oil pressure and water temperature. • Test all safety shut down circuits and alarms including over -speed, over -crank, low oil pressure, high water temperature, low coolant level, pre -alarms (if applicable) 11. AC. POWER GENERATOR: • Make a general inspection of all electrical connections on regulator and generator. • Grease bearings if necessary. • Check and adjust voltage regulator. Inspect slip rings. 12. ENGINE CONTROL PANEL: • Inspect for any loose connections, terminals, hour meter, oil pressure @ operation RPM (include hot cold PSI) voltmeter, water temperature, and ammeter • Inspect condition of relay contacts. • Thoroughly clean control panel. • Check operation of all lights and replace any indicator lights not working. • Replace any blown fuses. • Check operation of main circuit breaker and leave in "READY" position. • Verify and record output voltage and adjust regulator if needed SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 9 of 20 SOLICITATION NUMBER 11-019 SPECIFICATION NUMBER 11-936-39 DATED: MARCH 2011 • Calibrate control meters • Verify and record output frequency and adjust governor if necessary 13. TRANSFER SWITCHES: • Inspect general cleanliness (interior and exterior) • Inspect Tugs, terminals and connections. Tighten lugs as needed • Inspect wires for chafing • Clean contacts • Lubricate per manufacturer specifications • Check for binding or wear of mechanical linkage • Inspect for arc damage or contact pitting • Verify proper operation of all panel lamps. Replace as needed 14. GENERAL: • Carefully inspect engine for leaks or deterioration. • Make note of any unusual sounds during walk -around inspections. • Check and adjust voltage and frequency. • Add engine fluids as required. • Grease necessary fittings. • General maintenance on jacket water heaters, engine plumbing, etc. 15. FLUID CHANGE: • One (1) engine oil and oil filter change per year. • Coolants change if applicable. 16. LOAD TESTING: — During load testing, record the readings of the following: • Lube oil pressure • Water Temperature • Frequency • Current (all three phases) • Voltage (all three phases) • Kilowatts • Check auto start - stop move • Check operation of transfer switch when requested by City SUPERSEDES SPECIFICATION NO. 00-936-39-02; DATED: MAY 2005 10 of 20