CN-700000-17031.pdf

Agency Term Contract

ATC-17-030

EMERGENCY GENERATOR SERVICES

This Contract is between the Department of Corrections (Department), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and Zabatt Power Systems, Inc. (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), FDC ITB-17-146, Emergency Generator Services Statewide. The Department has accepted the Contractor’s pricing and enters into this Contract in accordance with the terms and conditions of the ITB.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Scope of Work

The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibits, A and B.

II. Contract Term

The Contract term will be for five (5) years. The initial Contract term shall begin on May 15, 2017, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) years, or portions thereof, at the renewal pricing specified in the Contractor’s original submission, upon mutual agreement of the parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC ITB-17-146 and all Addenda; and

b) Exhibit B: Contractor’s pricing to FDC ITB-17-146

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-17-146 and all Addenda; and

c) Exhibit B: Contractor’s Pricing to FDC ITB-17-146

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract, except to Section VII. Contract Management, must be in writing and signed by both parties. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

Sean Gellis, Strategic Sourcing Manager Bureau of Procurement Florida Department of Corrections 501 S. Calhoun St., Suite 317 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: Sean.Gellis@fdc.myflorida.com

The Department Contract Manager is:

Condelia Ward Division of Facility Maintenance and Building Construction Florida Department of Corrections 600 S. Calhoun St.

Tallahassee, FL 32399 Telephone (850) 717-3925 Email: Condelia.Ward@fdc.myflorida.com mailto:Sean.Gellis@fdc.myflorida.com mailto:Condelia.Ward@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager, or designee.

The Contractor has assigned the following individual to serve as the designated contact person for this Contract:

Primary Contact:

J. Michael Sabatier, President Zabatt Power Systems, Inc.

4612 Highway Avenue Jacksonville, Florida 32254 Telephone (904) 421-9822 Email: Michael.sabtier@zabatt.com

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contact. It will be the designated contact’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than 30 written calendar days notice.

Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained.

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours notice in writing to the Contractor.

Notice shall be delivered by certified mail (return receipt requested), facsimile, in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. The Department shall be the final authority as to the availability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 days written notice by the Department, then the Department may, by written notice to the Contractor, terminate this Contract upon 24 hours notice. Notice shall be delivered by certified mail (return receipt requested), in person with proof of mailto:Michael.sabtier@zabatt.com delivery, or by another method of delivery whereby an original signature is obtained. If applicable, then the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. Termination of Mutual Agreement

This Contract may be terminated by either party upon no less than 30 calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties.

Said notice shall be delivered by certified mail (returned receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained.

E. Termination Because of Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, enter into written Subcontract(s) for performance of certain functions under this Contract. No Subcontract, which the Contractor enters into with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to Subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any Subcontractor for any expenses or liabilities incurred under the Subcontract and that the Contractor shall be solely liable to the Subcontractor for all expenses and liabilities under this Contract.

XI. Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated within the competitive solicitation.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Furthermore, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of service locations.

XIII. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §287.058(1)(c), F.S, the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and §119.07(1), F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Chief Financial Officer (CFO). The CFO shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The mailto:CO.PublicRecords@fdc.myflorida.com

Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28., F.S.

G. Employee Status

This Contract does not create an employee/employer relationship between the parties.

It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

This Contract shall not be construed as creating any joint employment relationship between the parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

H. Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

K. Scrutinized Companies Contractor Certification

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Sections 215.473, F.S. and 215.4725, F.S. Pursuant to Section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract.

L. Utilization of E-Verify

The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274 of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Agreement.

Pursuant to the State of Florida, Office of the Governor, Executive Order Number 11- 116, the Contractor will utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the term of the Contract by the Contractor to perform employment duties within Florida within three (3) business days after the date of hire; (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract with the Department within 90 calendar days after the date the Contract is executed or within 30 days after such persons are assigned to perform work pursuant to the Contract, whichever is later. Refer to http://www.dhs.gov/files/programs/gc for more information.

http://www.dhs.gov/files/programs/gc

Page 1 of 63 FDC ITB-17-146

INVITATION TO BID (ITB)

FOR

EMERGENCY GENERATORS SERVICE STATEWIDE

FDC ITB-17-146

RELEASED ON

1/17/17

By the:

Florida Department of Corrections

Bureau of Procurement

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Paul E. Cowan purchasing@fdc.myflorida.com

ATC-17-030

EXHIBIT A

mailto:purchasing@fdc.myflorida.com

Page 2 of 63 FDC ITB-17-146

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

1.5 Estimated Quantities

1.6 Minimum Order

1.7 Security Requirements

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Routine Maintenance Service

2.2 Hourly Repair Rate for Repairs and Emergency Repairs

2.3 General Contractor Requirements

2.4 Maintenance Records and Documentation

2.5 Reporting Requirements

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

3.2 Addition/Deletion of Items & Locations

3.3 Delivery

3.4 Mandatory Documentation

3.5 Records and Documentation

3.6 Price Page

3.7 Purchasing Card Program (PCard)

3.8 Vendor Ombudsman

3.9 Payment and Invoicing

3.10 Contract Management

3.11 Performance Measures and Financial Consequences

3.12 Contract Monitoring

3.13 Site Visits

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Contract Conditions (PUR1000)

4.2 Bidder Inquiries

4.3 Cost of Bid Preparation

4.4 Instructions for Bid Submittal

4.5 Disclosure of Bid Submittal Contents

4.6 Bid Opening

4.7 Bid Evaluation

4.8 Basis of Award

4.9 Disposal of Bids

4.10 Bid Rules for Withdrawal

4.11 Addenda

4.12 Verbal Instruction Procedure/Discussions

4.13 No Prior Involvement and Conflict of Interest

4.14 State Licensing Requirements

4.15 MyFloridaMarketPlace (MFMP) Registration

4.16 Certificate of Authority

Page 3 of 63 FDC ITB-17-146

4.17 Confidential, Proprietary, or Trade Secret Material

4.18 E-Verify

4.19 Bidder Substitute W-9

4.20 Scrutinized Companies

4.21 Identical Tie Bids

4.22 Rejection of Bids

4.23 Inspector General

4.24 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 General Instructions to Respondents (PUR1001)

5.2 State Initiatives

5.3 Subcontracts

5.4 Copyrights, Right to Data, Patents and Royalties

5.5 Independent Contractor Status

5.6 Assignment

5.7 Severability

5.8 Use of Funds for Lobbying Prohibited

5.9 Employment of Department Personnel

5.10 Legal Requirements

5.11 Insurance

5.12 Prison Rape Elimination Act (PREA)

ATTACHMENT I - Price Page ATTACHMENT II - Security Requirements ATTACHMENT III - Site Visit Schedules/Locations ATTACHMENT IV - Drug Free Work Place ATTACHMENT V - Bidder's Contact Information

Page 4 of 63 FDC ITB-17-146

TIMELINE

FDC ITB-17-146

EVENT DATE/TIME LOCATION

Release of ITB

January 13, 2017

Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Last day for written inquires to be received by the Department

January 31, 2017 at 2:00 p.m. Eastern

Time

Submit to:

Florida Department of Corrections Paul Cowan, Procurement Officer Email: purchasing@fdc.myflorida.com

Posting of written responses to written inquires

February 14, 2017 at 2:00 p.m.

Eastern Time

Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due and Opened

February 28, 2017 Must be received prior to 2:00 p.m.

Eastern Time

Submit to:

Florida Department of Corrections Paul Cowan, Procurement Officer 501 South Calhoun Street

Posting of

Recommended Award

March 14, 2017 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

[Remainder of Page Intentionally Left Blank] mailto:purchasing@fdc.myflorida.com

Page 5 of 63 FDC ITB-17-146

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The Department of Corrections, Division of Facilities Management and Building Construction is releasing an Invitation to Bid (ITB), to establish an Agency Term Contract for routine repairs, emergency repairs, and maintenance services, on the Department’s existing emergency generators systems, including but not limited to; generators, transfer switches, fuel delivery systems, and associated components; with the exception of fuel storage tanks. Services will be provided on any additional equipment acquired by the Department (additions and deletions of equipment), during the term of the Agency Term Contract. This ITB will be for all makes and models in each region.

1.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive and responsible Bidder per region will be awarded a five year Agency Term Contract, which may be renewed, for up to three years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) Purchase Orders. The resultant Contract will provide services for all four regions (Statewide). There will be a separate award for each region.

1.3 Conflicts and Order(s) of Precedence

All Bids are subject to the terms of the following sections of this ITB, which in case of conflict shall have the following order of precedence:

A. Addenda, in reverse order of issuance

B. Invitation to Bid, including attachments

C. General Contract Conditions (Form PUR 1000) (Section 4.1); and

D. General Instructions to Respondents (Form PUR 1001) (Section 5.1)

1.4 Definitions

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1. Agency Term Contract: A written agreement between the Department and awarded Bidder, which is mandatory for use by the entire Department, under which Purchase Orders will be issued.

2. Bi-annual Reports: Reports occurring twice per year.

3. Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms.

4. Bidder: A legally qualified corporation, partnership, person, or other entity, submitting a Bid to the Department, in response to this ITB.

5. Breach of Contract: A failure of the Bidder to perform services, or provide commodities, in accordance with the terms and conditions of the Contract which may result from this ITB.

6. Contract: The agreement which results from this ITB, between the awarded Bidder and the Department.

7. Contractor: The organization, or individual, providing services to the Department, in accordance with the terms of the Contract resulting from this ITB.

Page 6 of 63 FDC ITB-17-146

8. Corrective Action Plan (CAP): A Bidder’s comprehensive written response to any deficiencies discovered in the course of Contract Compliance Monitoring, and plan for remediation of those deficiencies.

9. Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department, in the course of Contract performance.

10. Department: The Florida Department of Corrections (FDC).

11. Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Bid. Any Bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

12. Material Deviation(s): The Department has established certain requirements with respect to Bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB’s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items Bid, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a Bid non-responsive.

13. Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a Bid.

14. PCard: Refers to the State of Florida’s purchasing card program, using the Visa platform.

15. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance.

16. Responsive Bid: A Bid, submitted by a responsible Bidder, which conforms to all material aspects of the solicitation.

17. Specifications: The detailed conditions of the Contract, detailed technical specifications, and other descriptions of the work, as set forth in the Contract documents.

18. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract resulting from this ITB.

1.5 Estimated Quantities

Any quantities listed are given only as a guideline for preparing a Bid, and should not be construed as representing actual quantities to be purchased.

1.6 Minimum Order

There is no minimum order.

1.7 Security Requirements

For services performed under the resultant Contract, the successful Bidder, and its employees and agents, shall adhere to Attachment II, Security Requirements.

Page 7 of 63 FDC ITB-17-146

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Routine Maintenance Service

The Successful Bidder(s) shall be responsible for routine maintenance, service, and repairs of generators identified in Attachment I: Price Page. If it is determined that a repair is not in the best interest of the Department, the Department shall have the option to perform the repair with Department staff or to remove the unit from inclusion under the Contract. All services shall be provided in accordance with the requirements specified in the following sections of this ITB, and must meet or exceed the service levels described in these sections.

2.1.1 Eighteen (18) Month Maintenance

Eighteen (18) month maintenance shall include all of the requirements of the bi-annual maintenance, and inspections, (Section 2.1.2), along with the following additional services:

2.1.1.1 Oil/Filter Change

The Vendor shall change the oil and filters in all generators to conform to the manufacturer’s specifications. This shall be done every eighteen (18) months and/or every 250 hours of operation, whichever occurs first. Only the manufacturer’s approved oil and filters shall be used. Note: Each time a filter is replaced, the date must be written on the newly installed filter with a permanent marker.

2.1.1.2 Lubricating System

The Vendor shall:

a. Change governor oil (where applicable);

b. Change injection pump oil (where applicable); and

c. Change the oil in the crankcase breather (where applicable).

2.1.1.3 Fuel Delivery System

a. Lubricate the day tank float switch and manual pump (where applicable);

b. Replace the fuel filters;

c. Lubricate carburetor and linkage (where applicable); and

d. Lubricate governor linkage and service air filters.

2.1.1.4 Cooling System

The Vendor shall replace water filters, where applicable.

2.1.1.5 Battery

The Vendor shall check specific gravity and perform the load test.

2.1.1.6 Exhaust System

a. Drain condensation where possible; and

b. Check and lubricate the heat riser plate.

2.1.1.7 Ignition System (where applicable)

Page 8 of 63 FDC ITB-17-146

a. Replace plugs;

b. Replace points;

c. Replace condenser;

d. Replace rotor;

e. Inspect cap and replace as necessary;

f. Lube point cam (where applicable);

g. Lube advance wick;

h. Lube upper and lower bearing;

i. Set timing;

j. Inspect and lube mechanical advance; and

k. Inspect wires.

2.1.1.8 Generator

a. Clean rings and the commutator;

b. Lubricate over speed switch;

c. Check diode heat sinks; and

d. Inspect rear bearing.

2.1.1.9 Engine Running

a. Test low oil pressure safety switch, and record seconds to shut down;

b. Test high engine temperature safety switch, and record seconds to shut down;

c. Test overspeed safety switch, and record seconds to shut down;

d. Check pre-alarms (where applicable);

e. Check over crank system, and record seconds to shut down; and

f. Check cycle cranking time, and record seconds of cranking and seconds of rest.

2.1.1.10 Accessories

The Vendor shall lubricate all hinges, door locks, and snap covers, etc.

2.1.2 Bi-Annual Maintenance and Inspections

The Successful Bidder(s) shall provide bi-annual inspections every six months and preventive maintenance services of all equipment at all locations indicated in Attachment I, Price Page. A recommended maintenance schedule shall be provided by the Successful Bidder(s) to FDC and must be approved by the FDC Contract Manager. Testing and adjusting of the equipment must be performed on-site, on a bi-annual basis, for the total term of the Contract including renewals. If, during a bi-annual inspection, it is determined that repairs need to be made, the Successful Bidder(s) shall submit a quote to the Institution’s Maintenance Superintendent(s) and, if approved, a separate purchase order will be issued for the parts and labor necessary to complete the repairs.

The Successful Bidder(s) shall perform the following services on all equipment, systems and components:

2.1.2.1 Generator Testing

The Vendor shall test each generator for at least one hour under full connected load to perform a bi-annual inspection.

2.1.2.2 Lubricating System

Page 9 of 63 FDC ITB-17-146

a. Check lube oil level and add oil as necessary;

b. Inspect for oil leaks. Check and re-torque connections to manufacturer’s specifications;

c. Check governor oil level and add oil as necessary (where applicable);

d. Check condition of lube oil hoses and connections;

e. Check oil base heater and adjust if necessary;

f. Check injection pump oil level and add oil if necessary (where applicable);

g. Check engine breather. Clean and remove any oil residue, dust, dirt, or other restriction, start engine, check oil pressure;

h. Check engine oil stick for water or residue;

i. Check turbo-charger for oil leaks (where applicable);

j. Check front and rear crank shaft seals for oil leaks;

k. Check equipment hour meter for hours of operation. If hours of operation are near or exceed the 250 hour stipulated time for oil service, then change oil and filter with the manufacturer’s approved oil and filter. Start engine and check for oil leaks at the filter. Check oil stick for proper oil level;

l. Take oil sample and send to laboratory for analysis; and

m. Provide a copy of the report to the respective Department’s Contract Manager and to the Maintenance Supervisor of the Department’s facility.

2.1.2.3 Fuel Delivery System

a. Inspect fuel lines, hoses, connections, clamps, injectors/carburetors, injector pumps, and priming pump, etc. for leaks. Correct as needed;

b. Check operation of day tank (where applicable);

c. Drain water from fuel traps (where applicable);

d. Drain water from day-tank strainer (where applicable);

e. Clean sediment bowl (where applicable);

f. Check for water in fuel;

g. Inspect fuel filter. Change filter as necessary; and

h. Check fuel pressure. Ensure compliance with manufacturer’s specifications.

2.1.2.4 Cooling System

a. Check for leaks;

b. Check coolant level. Add if necessary;

c. Check coolant PH and add long-life antifreeze, as necessary;

d. Check all belts for cracks or wear. Replace as necessary;

e. Check all belts for proper tension. Replace as necessary;

f. Check condition of water hoses and clamps;

g. Check for leakage. Repair leaks;

h. Check water filter, and replace water filter elements as needed;

i. Pressure test radiator and cap;

j. Check water pump for leaks and bearing noise;

k. Verify the temperature gauge is reading the correct temperature using an infrared device;

l. Check operation of engine heater and switch;

m. Check fan and radiator for physical damage, obstruction and leaks; and

n. Test and replace antifreeze, when required.

2.1.2.5 Air Systems

a. Check air cleaner (dry type); replace as necessary;

b. Check turbocharger clearance (where applicable);

c. Check and service oil bath air cleaners as needed (where applicable); and

d. Check air hoses and connections (where applicable).

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2.1.2.6 Electrical System

a. Check battery fluid. Correct if necessary;

b. Check battery specific gravity. Replace if necessary;

c. Check battery trickle charger. Record rate;

d. Check battery connections. Clean & tighten if necessary;

e. Lubricate generator, starter/cranking;

f. Check air compressor, if not electric start; and

g. Check for loose load line connections and emergency supply line connections.

2.1.2.7 Exhaust System

a. Inspect the entire exhaust system;

b. Check rain cap for leaks; and

c. Inspect the manifold connection for leaks. Re-torque as necessary.

2.1.2.8 Engine Safety Controls

The Vendor shall check operations of all safety controls and emergency stops.

2.1.2.9 Engine Test- No Load

a. Start engine and check operation. Adjust RPM if necessary; and

b. Observe oil pressure load and record.

2.1.2.10 Engine Test- With Load

a. Test run the generator with the connected load energized for at least one (1) hour.

b. Observe and record volts, amps, cycles, engine water temperature, lube oil temperature, engine lube oil pressure, and battery charge rate; and

c. Shut down engine and return to normal automatic condition unless otherwise noted.

2.1.2.11 Ignition System (if applicable)

a. Inspect all wires;

b. Check ammeter for discharging while cranking; and

c. Check ammeter for full charge at start-up.

2.1.2.12 Generator Sets

a. Check slip rings;

b. Check commutator;

c. Check brushes to assure they are free;

d. Inspect generator wiring for fraying;

e. Check and record each phase volts, amps, and frequency. Check operation of transfer switch;

f. Check automatic start-up;

g. Check generator grounding;

h. Adjust voltage regulator;

i. Check generator windings and armature for cleanliness;

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j. Check exciter belts for fraying or cracking;

k. Check exciter and regulator for cleanliness;

l. Check generator mounting bolts for tightness. Re-torque as required;

m. Lubricated generator bearings, drives and joints;

n. Inspect for potential hazards resulting from vibration and/or pressure;

o. Check for alternator vibration;

p. Inspect and torque (if necessary) all main supply, emergency supply, and load line connections; and

q. Verify phase relay drop out and pickup points, adjust if necessary.

2.1.2.13 Transfer Switch

a. Check all wiring;

b. Inspect to assure all supply and load lines are tight;

c. Check for proper mechanical operation of the transfer mechanism;

d. Note settings on timers and assure they are proper for the application;

e. Verify phase relays drop out and pick up joints, traditionally drop out at 70% and pick up at

90% of rated voltage. Adjust if necessary;

f. Attach calibration tag with date and calibration of relays noted; and

g. Advise the Contract Manager as to any options he might want to add or change.

2.1.2.14 Engine

a. Test run engine under actual load for at least one hour;

b. Check for engine noises;

c. Check carburetor/injectors for proper adjustments. Correct as necessary;

d. Check choke adjustment (where applicable);

e. Check engine for excessive smoke;

f. Check for air in the induction system;

g. Check cylinder head and head gasket;

h. Check for excessive blow-by;

i. Check turbocharger for noise;

j. Check pre-lube pump for proper operation;

k. Check engine run speed and correct if necessary;

l. Check engine low idle speed and correct if necessary;

m. Check emergency shutoff for proper operation;

n. Check engine for proper operation at rated speed;

o. Inspect engine mounting bolts. If bolts are loose, then tighten. If bolts are broken, then replace; and

p. Check engine wiring harness for breaks or wear. If wiring harness is broken, then repair. If wiring harness is worn, then repair and reroute to prevent wear.

2.1.2.15 Testing

a. While the engine is running under actual connected load, adjust voltage and frequency;

b. Adjust clock exerciser as necessary;

c. Test delay start;

d. Test delay pick-up;

e. Test delay retransfer;

f. Test delay cool down;

g. Test delay transition;

h. Test delay preheat;

i. Calibrate under voltage sensors;

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j. Calibrate overvoltage sensors;

k. Calibrate generator sensors;

l. Record load per leg;

m. Record voltage per leg;

n. Record frequency;

o. Record oil pressure;

p. Record water temperature;

q. Check battery charging system; and

r. Clean up work area.

The Successful Vendor(s) shall be responsible for removal and disposal of all oil filters and shall comply with all Federal, State, and Local regulations for disposal of hazardous materials.

2.1.3 Load Bank Test (Resistive only)

The Vendor(s) shall:

a. Test each generator under full-rated load for at least two hours. These tests must be performed every 24 months.

b. Keep a record of all operating systems of the alternator and the engine during the load bank test.

c. Provide a complete written report of the load bank test to the respective Contract

Manager and the Maintenance Supervisor of the Department facility for each generator set.

2.1.4 Fuel Polish

The Successful Bidder(s) shall provide generator fuel polishing, as necessary, to maintain equipment as delineated in Section 2.1, Routine Maintenance Service.

2.1.5 General Maintenance Responsibilities

The Successful Bidder(s) shall provide, at no cost to the Department, all test equipment, tools, materials and parts necessary to maintain equipment as delineated in Section 2.1 Routine Maintenance Service

2.1.6 Warrantied Equipment

All new equipment warranty work shall be provided by the original warranty supplier. All warranty responsibility for equipment previously purchased, but still under warranty, will continue to be provided by the original warranty supplier until expiration of the warranty period. Upon expiration of the warranty period, responsibility for maintenance shall automatically transfer to the Successful Bidder(s), unless otherwise directed by the Department’s Contract Manager. All service calls shall be initially reported to the Successful Bidder(s). If the service call involves a warranty item, the Successful Bidder(s) shall notify the Department’s Contract Manager, who will then have the responsibility of placing and tracking the warranty service call with the warranty supplier. Maintenance of the warranty inventory list and the notification of a warranty service call to the Department shall be provided by the Successful Bidder(s) at no additional cost to the Department.

2.2 Hourly Repair Rate for Repairs and Emergency Repairs

The Successful Bidder(s) shall bid an hourly rate for repair of the generators listed in Attachment I, Price Page. The hourly rate will be charged from the time that the technician arrives at the facility, to the time the technician leaves the facility. This Bid will establish an hourly rate for these services for both regular (8:00 A.M. - 5:00 P.M., Monday through Friday) repairs and after-hours repairs (including holidays and weekends). Purchase Orders will be issued for repairs and sent directly to the vendor. Hourly rates shall include mileage, trip fees, service fees or any other applicable charges.

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2.2.1 Response Time for Emergency Repairs

The response time for emergency repairs shall be within four hours from the time of notification to the Successful Bidder(s) by the Department. In the event the Successful Bidder(s) fails to meet this requirement, the Successful Bidder(s) may be found in default of the Contract at the Department’s discretion.

2.2.2 Response time for Non-Emergency Repairs

The response time for non-emergency repairs shall be within twenty-four (24) hours from time of notification, (excluding weekends and holidays) to the Successful Bidder(s) by the Department. In the event the Successful Bidder(s) fails to meet this requirement, the Successful Bidder(s) may be found in default of the Contract at the Department’s discretion. The Successful Bidder(s) will obtain any pre-approval necessary for technicians to enter the Institution, to comply with the twenty-four (24) hour required response time.

2.2.3 Pre-Approved Repairs

All repairs shall be pre-approved by the issuance of a Purchase Order before the commencement of any work, with the exception of after-hours emergencies. Pre-approval for after-hours emergencies will be made verbally on-site by the Warden, or designee, or the Maintenance Superintendent, to be followed-up by a Purchase Order, or PCard payment.

2.2.3.1 The Successful Bidder(s) shall make approved repairs at the awarded hourly rate plus parts, in accordance with Section 2.2.4, below.

2.2.3.2 If the use of a rental unit is necessary during the course of a repair, either minor or major, the Successful Bidder(s) shall notify the Maintenance Superintendent. The Maintenance Superintendent will schedule delivery of the rental unit with the Successful Bidder(s). The Bidder must provide an Emergency Generator Rental Rate Schedule with the Bid. The Rental Rate proposed shall be equal to or less than the lowest rate offered to the general public at large, or state, or federal customer.

2.2.4 Cost of Repair Parts

All replacement/repair parts must be original manufacturer’s parts, unless approved by the Department, and must be either new or like-new refurbished parts. Replaced (old) parts shall become the property of the Successful Bidder(s). New and refurbished replacement/repair parts shall become the property of the Department. Only parts approved by the original manufacturer, for the specific device being serviced, shall be used when replacement/repair parts are required.

The cost of repair parts shall be in accordance with the following:

2.2.4.1 Cost shall not exceed the current manufacturer’s published list price, regardless of the reason for the replacement; and

2.2.4.2 The Successful Bidder(s) is required to furnish a list of the percentage savings, in prices offered, as compared to the manufacturer’s retail list published, or using standard and customary prices that would be paid by the Purchaser, without benefit of a Contract resulting from this Bid. The successful Bidder(s) shall provide the manufacturer’s published price list upon request by the Department. If parts are obtained from a source other than that which the Bidder(s) represent, then the cost to the Department shall not exceed 15% of the invoiced price. Documentation shall be required, and must include a detailed invoice from the supplier, with unit price, description of part, and the percentage below MSRP price charged for each part.

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2.3 General Contractor Requirements

This section delineates requirements for all generators, including but not limited to; generators, transfer switches, fuel delivery systems, and associated components (with the exception of fuel storage tanks) listed in this Bid.

2.3.1 Local Service Area Address Presence

Due to the criticality of generator operation, the Department requires the Successful Bidder(s) to have a local service area presence within each region to ensure timely response to service calls. The Successful Bidder(s) shall include, with the Bid, the Bid address from which services will be provided.

2.3.2 Subcontracting

No subcontracting is permitted under the resulting Contract. The only exception to this i s a subcontract with an authorized dealer of a particular brand of generator, to perform routine or emergency repairs for which the scope of work required, is beyond the area of expertise of the Successful Bidder(s). All subcontractors must be pre-approved by the Department’s Contract Manager or designee.

2.3.3 Scheduling

All bi-annual, eighteen (18) month routine maintenance, load bank tests, and repairs shall be conducted during normal working hours, Monday through Friday, 8:00 a.m. until 5:00 p.m., local time.

To arrange for an appointment to perform service at a particular institution, the Bidder must contact the Maintenance and Construction Superintendent at the facility. A minimum of 48 hours notice is required.

The names and telephone numbers for the applicable Maintenance and Construction Superintendent(s) will be provided to the Successful Bidder.

The Successful Bidder(s) shall provide bi-annual, eighteen (18) month maintenance and load bank test schedules to the Contract Manager within thirty (30) days after execution of the Contract.

2.3.4 Inventory of Equipment

2.3.4.1 The list of equipment in Attachment I, Price Page, is the Department’s current comprehensive inventory. The Successful Bidder(s) shall maintain the inventory when performing scheduled maintenance of all equipment. Anytime the inventoried equipment changes through additions, deletions, re-location or transfer, the Successful Bidder(s) must modify their records to indicate such action and maintain an accurate equipment inventory. This inventory shall be communicated in writing to the Department’s Contract Manager and shall include, at a minimum, the following:

a. The make, model, KW rating and location of each piece of equipment;

b. Any existing manufacturer’s warranties on equipment added, if applicable;

c. Notation of any changes since the last bi-annual report; and

d. Type of service required (Bi-annual or eighteen (18) month).

The Successful Bidder(s) shall, under no circumstances, remove any equipment marked with a property sticker of the Department. The Successful Bidder(s) shall request specifically, when replacing equipment, that the property sticker be removed by a D epartment staff member or employee, appropriated by the Institution’s Field Office Manager, and authorized to adjust equipment inventory records.

NOTE: All equipment specified in Attachment I, Price Page, is operational. Any additional equipment acquired by the Department shall be added to the Successful Bidder’s equipment inventory, as specified in Section 2.3.5, Additions and Deletion of Equipment.

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2.3.5 Additions and Deletions of Equipment

2.3.5.1 The Department retains the right to add or to delete any equipment from service provided under the resultant Contract, upon notification by the Department to the Successful Bidder(s).

2.3.5.2 The Department shall attempt to provide advanced notice to the Successful Bidder(s) of all additional and/or new equipment. However, should any of the Successful Bidder’s personnel receive a maintenance or repair call, and records show that the individual piece of equipment is not inventoried and covered by the resultant Contract; the Successful Bidder will perform repairs as if equipment was covered by the resultant Contract, and notify the D e p a r t m e n t ’ s Contract Manager. The D e p a r t m e n t ’ s Contract Manager will provide official notice of the equipment addition, in writing, and amend the Contract document(s), as necessary. The Successful Bidder(s) may then charge for that piece of equipment, as described in 2.3.5.4, effective on the date the Successful Bidder(s) was called for service on that piece of equipment.

2.3.5.3 If removing equipment from coverage under the resultant Contract, the Department shall provide

30 days written notice. The Contract Manager will provide official notice of any equipment deletion, in writing, and complete an amendment to the Contract.

2.3.5.4 The Successful Bidder(s) shall provide service on…