ESBD_File_353861_01 - RFP 24-17944-KM.pdf

RFP 24-17944-KM

Comprehensive Maintenance Program for Emergency Power Systems

1. INSTRUCTIONS TO OFFERORS

1.1 Offerors may submit proposals electronically by uploading required documents at the City of

Lubbock’s partner’s website, Bonfire. Refer to Bonfire for Submission Instructions. This

Request for Proposals is for your convenience in submitting an offer for the specified services.

If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of

Purchasing and Contract Management:

Physical: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, Texas 79401

Mailing: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

P.O. Box 2000

Lubbock, Texas 79457

MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME

The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors and General

Requirements, attached.

Sealed proposals and electronic submittals submitted through the Bonfire portal, shall be received until:

04/10/2024 prior to 3:00 P.M.

Please allow time to upload required documentation. 24hrs in advance is recommended.

Offerors are responsible for making certain proposals are submitted to the Purchasing and

Contract Management Department.

Offerors are responsible for making certain proposals and proposed contracts are delivered to the

Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver a proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The

City of Lubbock assumes no responsibility for errant delivery of a proposal, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.

1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by the offeror guaranteeing authenticity.

1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

Proposals may be withdrawn prior to the above scheduled time set for closing. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

2. PRE-PROPOSAL MEETING

2.1. For the purpose of familiarizing proposers with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposal (RFP) documents, a pre-proposal meeting will be held on pre-pro date, April 2, 2024 at 10:00 A.M. via teleconference. The Zoom meeting information is as follows:

Website: https://us02web.zoom.us/j/82303870995?pwd=YVZwK01RVlBtYkhTRmlzY3ZxMUJ6Zz09

Meeting ID: 823 0387 0995

Passcode: 1314

All persons attending the conference will be asked to identify themselves and the prospective proposer they represent.

2.2. It is the proposer’s responsibility to attend the pre-proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-proposal meeting to proposers who do not attend the pre-proposal meeting.

2.3. The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-proposal meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1314 Ave. K, (806)775-2018 at least forty-eight (48) hours in advance of the conference.

3. CLARIFICATION OF REQUIREMENTS

3.1. It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.

It is the offeror’s responsibility to advise the City of Lubbock Director of Purchasing and

Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock

Purchasing Office no later than five (5) calendar days prior to the proposal closing date. A review of such notifications will be made.

https://us02web.zoom.us/j/82303870995?pwd=YVZwK01RVlBtYkhTRmlzY3ZxMUJ6Zz09

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN

WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL

CLOSING DATE AND ADDRESSED TO:

Kiara Morgan, Buyer IV

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, TX 79401

Fax: (806) 775-2164

Email: KMorgan@Mylubbock.us

4. CONTRACT TERM

4.1. The contract shall be for a term of one (1) year, with the option of four (4), one year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract.

Actual usage may be more or less. Order quantities will be determined by actual need. The City of

Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and

Contract Management Department as required by contract or contract may be terminated for non-compliance.

5. PRICE INCREASE

5.1. Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City’s discretion for the effective change in Consumer Price Index (CPI) or

Product Price Index (PPI) as appropriate.

5.2. Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City’s sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period.

5.3. If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate.

6. TERMINATION OF CONTRACT

6.1. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,

(2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best proposer as it deems to be in the best interest of the city.

7. ADDENDA & MODIFICATIONS

7.1. The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

mailto:KMorgan@Mylubbock.us

7.2. Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

7.3. Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding.

In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Department no later than five (5) days prior to the proposal closing date.

7.4. The City does not assume responsibility for the receipt of any addendum sent to offerors.

8. EXAMINATION OF DOCUMENTS AND REQUIREMENTS

8.1. Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this

RFP.

8.2. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the

Request for Proposal.

8.3. All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received.

9. PROPOSAL PREPARATION COSTS

9.1. Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal.

9.2. The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment.

9.3. All costs related to the preparation and submission of a proposal shall be paid by the proposer.

10. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

10.1. If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

10.2. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection https://ci-lubbock-tx.bonfirehub.com/portal/ http://library.ci.lubbock.tx.us/ https://ci-lubbock-tx.bonfirehub.com/portal/ https://ci-lubbock-tx.bonfirehub.com/portal/ after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b)

10.3. The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney

General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government

Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

10.4. Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the

Texas Public Information Act.

10.5. Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below.

https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx

10.6. For more information, please see the City of Lubbock Public Information Act website at:

https://ci.lubbock.tx.us/pages/public-information-act

11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

11.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

11.2. A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

12.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

12.2. A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx https://ci.lubbock.tx.us/pages/public-information-act disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

13. CONFLICT OF INTEREST

13.1. The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock.

13.2. By signing their proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP.

13.3. It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock

13.4. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the

Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed.

The questionnaire can be found at:

https://www.ethics.state.tx.us/forms/conflict/

For the City of Lubbock, these forms should be filed with the City Secretary’s Office, P.O. Box

2000, Lubbock, Texas, 79457

See Section 176.006, Local Government Code:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

A person commits an offense if the person violates Section 176.006, Local Government Code.

An offense under this section is a Class C misdemeanor.

14. CERTIFICATE OF INTERESTED PARTIES

14.1. Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas

Government Code requires certain business entities to submit an electronic disclosure form to the

Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply:

1) Contract requires an action or vote by the City Council (governing body); OR

2) Contract value is $1 Million or greater; OR

3) Contract is for services that would require a person to register as a lobbyist under Chapter

305 of the Government Code.

This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the https://www.ethics.state.tx.us/forms/conflict/ http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable).

14.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity ’s failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under Subdivision (1).

15. ANTI-LOBBYING PROVISION

15.1. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE

CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF

EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING

DEPARTMENT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,

INTERVIEWS, OR PRESENTATIONS.

15.2. This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

16. AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

16.1. Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions.

Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A

CONTRACT. Failure to manually sign proposal will disqualify it.

17. ABOUT THIS DOCUMENT

17.1. This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of

Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

18. EVALUATION PROCESS

18.1. All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

18.2. Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror’s qualifications.

18.3. The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

18.4. The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

19. SELECTION

19.1. Selection shall be based on the responsible offeror(s) whose proposal(s) is/are determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP.

19.2. The successful offeror(s) will be expected to sign a contract substantially like that in the example provided.

19.3. NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY

AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY

SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

20. EQUAL EMPLOYMENT OPPORTUNITY

20.1. Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way a violation of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

21. NON-APPROPRIATION

21.1. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City

Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the

City shall not be obligated under this contract beyond the date of termination.

22. PROTEST

22.1. All protests regarding the RFP process must be submitted in writing to the City Director of

Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A

WAIVER OF ANY PROTEST.

23. THE CITY RIGHT TO AUDIT

23.1. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the

City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.

24. NON-ARBITRATION

24.1. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

25. ASSIGNING OR SUBLETTING THE CONTRACT

25.1. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the

Subcontractor that complies with all contract Insurance requirements.

26. TEXAS GOVERNMENT CODE SECTION 2252.152

26.1. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist

Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.

27. TEXAS GOVERNMENT CODE SECTION 2271.002

27.1. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

28. TEXAS PUBLIC INFORMATION ACT

28.1. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent

Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

29. CONFIDENTIALITY

29.1. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law.

30. INDEMNITY

30.1. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement.

31. SUSPENSION AND DEBAREMENT

31.1. Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that Contractor has not been placed on this list between the time of bid submission and the time of execution of the

Contract. If Contractor is placed on this list during the term of the contract, Contractor shall notify the Lubbock County Director of Purchasing. False certification or failure to notify may result in termination of the contract for default.

31.2. Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients). Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency.

31.3. By submitting a proposal in regard to this request, this firm certifies that neither this firm nor its principals are suspended or debarred by a Federal agency.

32. INSURANCE REQUIREMENTS

32.1. Prior to the approval of this contract by the City, the Contractor shall furnish a completed

Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE

CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL

SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.

32.2. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.

32.3. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):

Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations.

Commercial General Liability to include Products – Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).

Automobile Liability Requirements: $1M/occurrence is needed

Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability ($1M) is required with Workers Compensation.

• The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp.

• Waivers of Subrogation are required for CGL, AL, and WC.

• To Include Products of Completed Operations endorsement.

• Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment.

• Carriers must meet an A.M. Best rating of A- or better.

• Subcontractors must carry same limits as listed above.

IMPORTANT: POLICY ENDORSEMENTS

The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.

REQUIRED PROVISIONS

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage;

b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;

c. Provide for notice to the City at the address shown below by registered mail;

d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance;

e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

NOTICES

The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF

INSURANCE.

All notices shall be given to the City at the following address:

Marta Alvarez, Director of Purchasing & Contract Management

City of Lubbock

1314Avenue K, 9th Floor

Lubbock, Texas 79401

Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.

City of Lubbock, TX

Comprehensive Maintenance Program for Emergency Power Systems

GENERAL REQUIREMENTS

1. INTENT

The City of Lubbock (hereinafter referred to as “City of Lubbock” or “City”) is soliciting sealed proposal from qualified vendors to establish a term contract to provide a comprehensive maintenance program for the City’s Emergency Power Systems (hereinafter referred to as “generators”) at City Facilities located citywide.

2. SCOPE OF WORK

A. PREVENTIVE MAINTENANCE SERVICES: The Contractor shall provide preventive maintenance services bi-annually, quarterly and yearly.

(a) Bi-annual Preventive Maintenance Services: The Contractor shall provide the following services twice yearly, during regular business hours, scheduled six (6) months apart. The service dates shall be mutually agreed upon by the City’s Contract

Administrator and the Contractor. The services shall include the maintenance of the

City’s Generators at the highest level of dependability.

i. Engine Starting System – Check, clean and tighten all battery cables as required. Batteries shall be checked for correct specific gravity and distilled water added, if necessary. All batteries shall be routinely replaced every three (3) years. External battery charger and/or battery charging alternator shall be inspected and tested for proper operation. Terminations, control panel, control components, warning systems and emergency shutdown shall be checked for proper operation.

ii. Engine – Inspect spark plugs, glow plugs, spark/glow plug wires, points, rotor and distributor caps at each visitor or any additional diesel specific parts such as block heaters, etc. Spark plugs and points shall be replaced, if needed. Injector system shall be checked for proper operation; fuel tanks shall be visually tested for foreign contaminates. Fuel filters and oil filters shall be replaced on an annual basis. Lube oil and filters shall be changed on an annual basis. Contractor shall check oil level, record engine oil pressure, inspect for leaks and adjust valves and injectors as necessary.

Contractor shall check for proper operation, if the engine has an oil heater.

iii. Cooling System – Check entire system for water leaks and test coolant for manufacturer approved antifreeze mix and level, flush cooling system and replace antifreeze every three (3) years, at no additional charges. All hoses, hose clamps and belts shall be inspected each visit and replaced every 3 years. Water jacket heater shall be inspected for proper operation during each visit. Air-cooled sets, cooling fins, fans, shrouds, etc. shall be inspected, cleaned and checked for proper operation.

iv. Air System – Inspect complete air intake and exhaust systems including louvers or shutters for correction operation whenever generator is running in either MANUAL or AUTOMATIC mode. Engine air filter shall be replaced every three (3) years.

v. Exhaust System – Open and drain condensation traps and check for any exhaust restrictions. Inspect system for leaks; check all mounting hardware and tighten as necessary. Check rain cap condition and proper operation when engine is running.

vi. Generator Set – Manually operate generator set at NO LOAD; verify that generator is producing rated AC voltage and frequency and that all control panel instruments and gauges are functioning. In addition, unit shall be checked for any unusual engine or generator noise, water, oil or exhaust leaks.

After inspection, Contractor shall return system to AUTOMATIC. Contractor shall allow the system to be tested under LOAD for a period of 30 to 60 minutes to record unit panel instrument readings, inspect and test transfer switch to ensure that it automatically starts the generator and is transferring properly, plus all options, such as “time delay emergency to normal”, “time delay cool down”, “plant exercise”, etc. are performing in accordance with Owner’s requirements.

Voltage sensors shall be calibrated at each inspection, at no additional charges, to ensure proper operation.

vii. General – Visually inspect vibration isolators, duct work, weather-proof enclosures, worn and/or rubbing parts and components at each inspection.

(b) Quarterly Preventive Maintenance Services: The Contractor shall provide the following services four (4) times per year, during regular business hours, for both units located at Fire Station #10 only, scheduled three (3) months apart. The service dates shall be mutually agreed upon by the City’s Contract Administrator and the Contractor. The services shall include the maintenance of the City’s Generators at the highest level of dependability.

i. Engine Starting System – Check, clean and tighten all battery cables as required. Batteries shall be checked for correct specific gravity and distilled water added, if necessary. All batteries shall be routinely replaced every three (3) years. External battery charger and/or battery charging alternator shall be inspected and tested for proper operation. Terminations, control panel, control components, warning systems and emergency shutdown shall be checked for proper operation.

ii. Engine – Inspect spark plugs, glow plugs, spark/glow plug wires, points, rotor and distributor caps at each visitor or any additional diesel specific parts such as block heaters, etc. Spark plugs and points shall be replaced, if needed. Injector system shall be checked for proper operation; fuel tanks shall be visually tested for foreign contaminates. Fuel filters and oil filters shall be replaced on an annual basis. Lube oil and filters shall be changed on an annual basis. Contractor shall check oil level, record engine oil pressure, inspect for leaks and adjust valves and injectors as necessary.

Contractor shall check for proper operation, if the engine has an oil heater.

iii. Cooling System – Check entire system for water leaks and test coolant for manufacturer approved antifreeze mix and level, flush cooling system and replace antifreeze every three (3) years, at no additional charges. All hoses, hose clamps and belts shall be inspected each visit and replaced every 3 years. Water jacket heater shall be inspected for proper operation during each visit. Air-cooled sets, cooling fins, fans, shrouds, etc. shall be inspected, cleaned and checked for proper operation.

iv. Air System – Inspect complete air intake and exhaust systems including louvers or shutters for correction operation whenever generator is running in either MANUAL or AUTOMATIC mode. Engine air filter shall be replaced every three (3) years.

v. Exhaust System – Open and drain condensation traps and check for any exhaust restrictions. Inspect system for leaks; check all mounting hardware and tighten as necessary. Check rain cap condition and proper operation when engine is running.

vi. Generator Set – Manually operate generator set at NO LOAD; verify that generator is producing rated AC voltage and frequency and that all control panel instruments and gauges are functioning. In addition, unit shall be checked for any unusual engine or generator noise, water, oil or exhaust leaks.

After inspection, Contractor shall return system to AUTOMATIC. Contractor shall allow the system to be tested under LOAD for a period of 30 to 60 minutes to record unit panel instrument readings, inspect and test transfer switch to ensure that it automatically starts the generator and is transferring properly, plus all options, such as “time delay emergency to normal”, “time delay cool down”, “plant exercise”, etc. are performing in accordance with Owner’s requirements.

Voltage sensors shall be calibrated at each inspection, at no additional charges, to ensure proper operation.

vii. General – Visually inspect vibration isolators, duct work, weather-proof enclosures, worn and/or rubbing parts and components at each inspection.

(c) Yearly Preventive Maintenance Services: The Contractor shall provide the following services once per year during regular business; during one of the bi-annual preventive maintenance service visits. The services shall include the maintenance of the City’s

Generators at the highest level of dependability.

i. Resistive Load Bank Testing – Shall be performed at the below locations

(Exhibit A). Generators shall be tested a minimum of two (2) hours under full rated load. This test consists of disconnecting the generator from the main breaker and connecting it to a device that will simulate a live load. If there were an emergency, there would be a large time frame to get the generator back online. Include a means of emergency back-up. The contractor will be required to document phase rotation prior to disconnecting and re-connecting the load. Phase rotation shall be confirmed to be the same upon leaving the site as was found when they entered the site. Confirmation of proper phase rotation will also be made on-site with qualified City staffed technicians.

ii. Wear Trend Oil Analysis – Oil sample shall be taken six (6) months prior to the recommended change interval

LOCATIONS: Itemized Locations of City Generators to be serviced in Exhibit A

B. CORRECTIVE MAINTENANCE AND REPAIRS: Shall be provided whenever work is identified on the Preventive Maintenance Program reports. Work shall be performed on a scheduled basis, as mutually agreed upon by the City’s Contract Administrator and the Contractor, between the hours of 8 AM and 5 PM Monday – Friday without jeopardizing the dependability of the generator.

C. SCHEDULED, UNSCHEDULED, AND EMERGENCY REPAIRS: Contractor is required to make available any replaced parts for inspection by the City. This does not include any parts or materials environmentally regulated, such as Anti-Freeze or Motor Oils and lubricants. Also exempt would be hoses, clamps, belts and other materials that are under routine maintenance. Please see Exhibit B.

D. SERVICE LOG REQUIREMENT: Contractor is required to keep a service log for each generator.

This log must be filled out for routine and scheduled repairs and maintenance. Non-Routine and unscheduled, or emergency service, is exempt from this requirement where the service will be cataloged in another manner.

E. MAINTENANCE SERVICE CALLS: Shall be provided on an as needed basis whenever work of a non- emergency nature occurs. Work shall be performed between the hours of 8 AM and 5 PM Monday – Friday, without jeopardizing the dependability of the generator.

F. EMERGENCY SERVICE CALLS: Shall be provided on an emergency basis; 24 hours per day, 365 days per year. Emergency is defined as “time is of the essence”. The Contractor shall respond to the location of the emergency within 2 hours of being notified by the City’s Contract Administrator.

Regular Hours 8:00 AM – 5:00 PM; Monday – Friday

Overtime Hours 5:01 PM – 7:59 AM; Monday – Friday, weekends and holidays

Emergency Hours Seven days per week, 24 hours per day, 365 days per year

G. SERVICE LOCATIONS: The Contractor shall provide generator preventive maintenance services, corrective maintenance and repairs, maintenance service calls and emergency service calls at each City location listed in Exhibit A The City reserves the right to add and/or delete locations and/or generator(s) on an as needed basis during the contract term. (See Exhibit A)

H. ADDITIONAL SERVICES/REPAIRS: The Contractor shall receive written pre-authorization from the City’s Contract Administrator or his designee(s) to proceed with repairs.

Failure to comply with this provision shall relieve the City from any obligation to pay the Contractor for costs, for charges made or for work performed in violation thereof.

a) Labor rates specified by proposer, shall include all direct and indirect overhead costs, such as transportation, general and administrative costs, etc. Labor rates will be paid on the basis of time at the site with travel time being paid one-way only, not to exceed 1.5 hours.

b) The Contractor may be required to provide materials, rental equipment and subcontractors to fulfill the requirements of the contract. If the successful proposers provides materials, rental equipment or subcontractors, the compensation paid by the City will be based on the actual cost of the materials, equipment or subcontractors, without a mark-up. The Contractor shall not accept work which will require the use of a subcontractor without obtaining the approval of the City’s Contract Administrator and agreement to payment terms for the subcontractor’s services. No additional cost, of any kind, will be allowed. The Contractor shall make every attempt to obtain the lowest price for the materials and rental equipment.

c) Estimates for repairs when requested shall be provided, to the City’s Contract Administrator, within three (3) working days, unless a different time is mutually agreed upon by the City’s Contract Administrator and the Contractor. Estimates shall be furnished by the Contractor, as requested, at no charge and shall be considered an overheard cost to be included in the Contractor’s response.

d) Estimates shall cover only quoted work; unforeseen…