7-SUPPLEMENTAL TERMS AND CONDITIONS BCUA CONTRACT NO. 25-09.pdf

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 1 of 7

SUPPLEMENTAL TERMS AND CONDITIONS

BERGEN COUNTY UTILITIES AUTHORITY

FURNISH AND DELIVER JENBACHER/INNIO SERVICE AND PARTS

Contract No. 25-09

ARTICLE 1 - SECURITY REQUIREMENTS

1.1 Bid Guarantee

Not required for this bid as specified in the main bid document.

1.2 Consent of Surety

Not required for this bid as specified in the main bid document.

ARTICLE 2 - PARTS PRICING AND DELIVERY

REQUIREMENTS

2.1 Parts Pricing Structure

Parts pricing shall be calculated using the following formulas based on delivery performance:

For deliveries made within the specified ten (10) calendar day period:

• BP = LP × DF

For deliveries made beyond the specified ten (10) calendar day period:

• BP = (LP × DF) – (LP × DF × 0.02 × DL)

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 2 of 7

Where:

• BP = Billing Price

• LP = List Price (from nationally published Jenbacher/INNIO price list in effect on bid due date)

• DF = Discount Factor (100% minus the discount percentage bid)

• DL = Calendar days that delivery is late beyond the specified ten (10) calendar day delivery period

2.2 Non-Readily Available Parts

For parts approved by the Authority as being "not readily available," deliveries must be made within thirty (30) calendar days. The same billing price formulas given above will apply, except that billing price reductions shall begin thirty (30) calendar days after ordering.

2.3 Freight Requirements

a. All parts shipments must be F.O.B. destination, freight prepaid and charged back

b. CONTRACTOR must utilize standard shipping methods with customary freight charges

c. Overnight, air freight, or next day shipment must be specifically authorized by the Authority

d. Freight costs are direct expenses reimbursed with no markup and must be substantiated with written freight invoices

ARTICLE 3 - SERVICE RESPONSE AND BILLING

3.1 Regular Service Response Time

CONTRACTOR's qualified technician must arrive onsite within two (2) work days (calendar days excepting Saturdays, Sundays, and Authority holidays) of email notification of the Authority's service request.

Billing Structure:

• For service work started within specified two (2) work day response time: BR = HR

• For service work started beyond specified two (2) work day response time: BR = HR

– (HR × 0.05 × DW)

Where:

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 3 of 7

• BR = Billing Rate

• HR = Hourly Rate (as bid)

• DW = Work days that the start of service work is late beyond the specified two (2) work day response time

3.2 Service Continuity Requirements

Once begun, service work must be provided on consecutive work days until completed. If the responding technician vacates the site for more than two (2) consecutive work days, the technician's return shall be treated as a separate service request subject to billing reduction:

BR = HR – (HR × 0.05 × DA)

Where:

• DA = Work days that the contractor's technician is absent from the site once work had been started, beyond two (2) consecutive work days

3.3 Emergency Response Requirements

a. CONTRACTOR shall initiate work within twenty-four (24) hours after notification from Authority staff b. Emergency response applies to repairs/maintenance outside normal business hours (including weekends and holidays) c. CONTRACTOR shall provide 24-hour emergency telephone number for notification and dispatch d. Emergency hourly rate includes all costs: tool usage, travel time, mileage, and environmental charges

ARTICLE 4 - TECHNICIAN QUALIFICATIONS AND

4.1 Certification Requirements

a. All technicians must have documented training certified by Jenbacher/INNIO (Engine Manufacturer) b. Minimum five (5) years experience performing repair and service on Jenbacher/INNIO gensets similar to Authority's equipment c. Proof of documented training shall be provided to Authority upon request d. CONTRACTOR must maintain current authorized vendor status with Jenbacher/INNIO

4.2 Equipment Coverage

This contract covers service and parts for:

• Engine #1: Model JMS 420 GS-B/N.L, Serial #1264785

• Engine #2: Model JMS 420 GS-B/N.L, Serial #1264787

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 4 of 7

• Engine #3: Model JMS 420 GS-B/N.L, Serial #1124315

ARTICLE 5 - WORK RECORDS AND REPORTING

5.1 Job Tracking System

CONTRACTOR shall maintain a job tracking system recording:

a. Date and time request was received by contractor

b. Date and time contractor's crew was dispatched to site

c. Date and time contractor's crew arrived at site

d. Description of problem and corrective work required

e. Amount of time spent on site by contractor's crew

f. Materials and spare parts used by contractor's crew

g. Date and time work or repair was accepted by Authority

5.2 Service Reports

CONTRACTOR shall provide daily Service Reports summarizing all activity. No payments can be made without Service Report signed and verified by Authority representative.

ARTICLE 6 - PARTS QUALITY AND WARRANTY

6.1 Parts Quality Standards

a. All parts must be OEM replacement parts or approved equivalent as recommended by Engine Manufacturer

b. Equivalent parts must be equal or superior in performance, reliability, serviceability, and interchangeability

c. All oils and coolants must be as recommended by Engine Manufacturer for specified equipment

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 5 of 7

6.2 Parts Warranty

a. Minimum thirty (30) day warranty for defects in materials and workmanship

b. Standard Manufacturer's warranty applies if longer than thirty (30) days

c. Rebuilt or reconditioned OEM component parts carry usual terms and conditions for workmanship and materials

ARTICLE 7 - PAYMENT TERMS

7.1 Payment Processing

Payment shall be made after submittal of:

a. Properly executed Purchase Order

b. Properly executed Voucher

c. Corresponding Service Reports signed by Authority representative

7.2 Invoice Requirements

All invoices for service work shall include: a. Time of arrival and time of egress b. Work order signed by Authority representative c. Detailed description of work performed d. Parts used with quantities and pricing calculations

ARTICLE 8 - WARRANTY PROVISIONS

8.1 Service Warranty

a. Genuine Jenbacher/INNIO parts: Manufacturer's standard warranty (minimum 30 days)

b. Labor: Ninety (90) days from completion of service

c. All warranty terms in accordance with manufacturer's published warranty policies

8.2 Warranty Response

CONTRACTOR shall respond to warranty claims within: a. Four (4) hours for critical failures affecting plant operations

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 6 of 7

b. Twenty-four (24) hours for major component failures

c. Seventy-two (72) hours for minor issues

ARTICLE 9 - DELIVERY LOCATION AND SCHEDULE

9.1 Delivery Address

Products shall be delivered to: Bergen County Utilities Authority Foot of Empire Boulevard Moonachie, NJ 07074

9.2 Delivery Hours

Delivery shall be between 6:30 AM and 2:00 PM, Monday through Friday, except Authority holidays.

ARTICLE 10 - SAFETY REQUIREMENTS

10.1 Health and Safety Plan

a. CONTRACTOR shall provide Health and Safety Plan to Authority's Safety Director

b. CONTRACTOR is responsible for safety and security precautions during any work performed at Authority

c. All work must comply with OSHA standards and Authority safety protocols

ARTICLE 11 - CONTRACT ADMINISTRATION

11.1 Contact Information Requirements

CONTRACTOR shall provide and maintain current:

a. Name, telephone number, and email address of person(s) responsible for parts and service requests

b. 24-hour emergency contact information

BCUA-BID-25-09 CONTRACT NO. 25-09 Page 7 of 7

c. Immediate notification of any changes to contact information

11.2 Authority's Representative

All service requests, approvals, and communications shall be through Authority's designated representative.

ARTICLE 12 - DISPUTE RESOLUTION

12.1 Claims Procedure

a. Claims must be submitted within ten (10) days of occurrence

b. Supporting documentation must be provided within thirty (30) days

c. Authority's decision shall be rendered within fifteen (15) days

12.2 Mediation

Prior to litigation, parties agree to participate in non-binding mediation with a mediator selected from the American Arbitration Association panel.

ARTICLE 13 - CONTRACT MODIFICATIONS

All modifications to this contract must be in writing and approved by the Authority's authorized representative. No verbal agreements or understandings shall be binding on either party.

END OF SUPPLEMENTAL TERMS AND CONDITIONS

ARTICLE 13 - CONTRACT MODIFICATIONS