9-SUPPLEMENTAL TERMS AND CONDITIONS BCUA CONTRACT NO 25-10 (REBID) FINAL.pdf

BCUA Contract No. 25-10

SUPPLEMENTAL TERMS AND CONDITIONS

Turbine Generator Maintenance, Inspection, and As-Need Repair & Replacement Parts

(REBID)

Contract No. 25-10

Solicitation Ref. # BCUA-BID-25-10R

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

All parts shall be considered not readily available. Upon request, the Contractor shall provide a detailed quote that includes the estimated lead time for the required parts within five (5) business days. All requests for quotes shall be provided at no additional cost to the Authority.

For parts that are authorized by the Authority, parts shall be billed at the Contractor's cost, plus the Material Markup percentage agreed upon under this Contract (not to exceed 15%).

The billing price formula is:

BP = CP × (1 + MM)

Where:

• BP = Billing Price (amount charged to the Authority)

• CP = Cost Price (actual cost paid by the Contractor for the part)

• MM = Material Markup percentage (expressed as a decimal, e.g., 15% = 0.15)

For all invoices relating to the furnishing and delivery of replacement parts, the Contractor shall attach documentation providing proof of the actual cost paid by the Contractor for said parts. This documentation may include, but is not limited to, supplier invoices, purchase orders, or receipts.

2.2 Parts Delivery

Deliveries must be made within the lead time specified in the approved quote.

2.3 Freight Requirements

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

ARTICLE 3 - SERVICE RESPONSE AND BILLING REQUIREMENTS

3.1 Regular Service Response Time

Contractor's qualified technician must arrive onsite within five (5) 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 five (5) work day response time:

BR = HR

For service work started beyond specified five (5) work day response time:

BR = HR – (HR × 0.05 × DW)

Where:

• BR = Billing Rate

• HR = Hourly Rate (as bid)

• DW = Work days that the start of service work is late beyond the specified five (5) work day response time

3.2 Service Continuity Requirements

Once begun, service work must be provided on consecutive work days (calendar days excepting Saturdays, Sundays, and Authority holidays) 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 of the emergent event.

b. Emergency response applies to repairs/maintenance outside normal business hours (including weekends and holidays).

c. Contractor shall provide a 24-hour emergency telephone number for notification and dispatch.

d. Emergency hourly rate includes all costs: tool usage and/or rental costs, travel time to and from site, mileage, and environmental or casual charges.

ARTICLE 4 - TECHNICIAN QUALIFICATIONS AND REQUIREMENTS

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.

4.1 Certification Requirements

4.2 Equipment Coverage

This contract covers service and parts for the following Siemens/Rolls Royce 501 KB Engines:

• Engine #2: Serial #ASP-652 (Unit #2 501K-722)

• Engine #3: Serial #ASP-654 (Unit #3 501K-723)

• Engine #4: Serial #ASP-583 (Unit #4 501K-724)

ARTICLE 5 - WORK RECORDS AND REPORTING

5.1 Job Tracking System

Contractor shall maintain a job tracking system that, at a minimum, records:

a. The date and time a request was received by the Contractor

b. The date and time a crew was dispatched to the site

c. The date and time the crew arrived at the site

d. A description of the problem and corrective work required

e. The amount of time spent on the site by the Contractor's personnel

f. The materials and spare parts used by the Contractor

g. The date and time the work or repair was accepted by the Authority

5.2 Service Reports

Contractor shall provide the Authority with a report that summarizes all such activity on a daily basis or prior to any payment being made. No payments can be made without said report signed as verified by an Authority representative.

ARTICLE 6 - PARTS QUALITY AND WARRANTY REQUIREMENTS

6.1 Parts Quality Standards

a. All parts must be OEM replacement parts or approved equivalent.

b. Equivalent parts must be equal or superior in every aspect including, but not limited to, criteria of performance, reliability, serviceability, and interchangeability.

c. If a bidder proposes approved equal parts, the bidder must furnish a price listing for the corresponding Siemens/Rolls Royce Engines catalog equivalents with bid submission.

6.2 Parts Warranty

a. All parts shall carry a minimum thirty (30) day warranty for defects in materials and workmanship.

b. Any standard Manufacturer's warranty, if longer than thirty (30) days, shall apply.

c. In the case of rebuilt or reconditioned component OEM parts that may customarily carry a longer term of guarantee for workmanship or materials, the usual terms and conditions shall apply.

a. All technicians must have documented manufacturer training on Siemens/Rolls Royce 501 KB Engines.

b. Proof of documented training shall be provided to the Authority upon request.

c. Contractor must be a fully authorized contractor of the Original Equipment

Manufacturer (OEM) and able to supply all replacement parts, materials, and supplies.

d. Contractor shall provide all necessary tools, equipment, parts, and materials incidental to the performance of the required work.

6.3 Service Warranty

All work performed on Authority equipment or component parts shall be guaranteed as customary and usual for the services provided.

ARTICLE 7 - PAYMENT TERMS

7.1 Payment Processing

Payment shall only be made after the submittal of:

a. Properly executed Purchase Order

b. Properly executed Voucher

c. Corresponding Service Reports signed by Authority representative

7.2 Billing for Hourly Labor

The regular hourly rate shall be the cost of a single technician working onsite Monday through Friday, excluding holidays, during the hours of 7:00 AM through 5:00 PM or up to eight (8) hours daily and shall include all costs for performing the requested work along with all associated costs for tool usage and/or rental costs, travel time to and from site, mileage, and environmental or casual charges. Payment will be made only for the number of hours onsite working at the bid amount. No separate payment will be made for associated costs such as travel time, vehicle mileage costs, tolls, tool usage and/or rental costs, etc.

ARTICLE 8 - DELIVERY LOCATION AND SCHEDULE

8.1 Delivery Address

Products shall be delivered to:

Bergen County Utilities Authority

98 Empire Blvd.

Moonachie, NJ 07074

8.2 Delivery Hours

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

ARTICLE 9 - SAFETY REQUIREMENTS

9.1 Health and Safety Plan

a. Contractor shall provide their Health and Safety Plan to the Authority's Safety Director.

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

ARTICLE 10 - CONTRACT ADMINISTRATION

10.1 Contact Information Requirements

Contractor shall provide the name, telephone number, and email address of the person(s) responsible for satisfying parts and service requests. Parts delivery and service response times shall be marked as beginning once the Authority makes contact with the given person(s). Should the submitted contact information change, the Authority must be immediately provided with the updated information.

Contractor shall also provide a 24-hour emergency telephone number that will serve as the notification and dispatch center for service calls from the Authority.

10.2 Authority's Representative

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

ARTICLE 11 - CONTRACT DURATION

This contract will commence upon the execution of the Agreement by both parties and shall continue in effect for a two (2) year period with two (2) one-year options to renew at the sole discretion of the Authority or when expenditures reach the awarded contract amount.

ARTICLE 12 - DISPUTE RESOLUTION

12.1 Claims Procedure

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

• Supporting documentation must be provided within thirty (30) days

• 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