Generator and ATS IFB.pdf

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Attached to
Emergency Standby Diesel Generators and Automatic Transfer Switch
Solicitation number
IFB-2026-0001
Issued by
Palo Pinto County, Texas

About this file

This Invitation for Bids (IFB) is issued by the City of Canyon, Texas, for the procurement and installation of emergency standby diesel generators and automatic transfer switches (ATS) to ensure uninterrupted water utility service to city residents. The project requires the furnishing and installation of one 500 kW generator, two 150 kW generators, two 80 kW generators, and three 11 kW generators, all diesel-powered and three-phase or single-phase as specified, along with corresponding ATS units rated at 800 amp, 200 amp, 150 amp, and 100 amp at various voltages. The complete systems must include concrete foundations, electrical installation, Variable Frequency Drive (VFD) modifications at specified locations, remote monitoring capabilities, and comprehensive controls. A pre-bid meeting is scheduled for October 21, 2026, at 10:00 a.m., with written questions due by October 26, 2026, at 5:00 p.m., and answers provided by October 30, 2026. The submission deadline is November 9, 2026, at 3:00 p.m. (CDT), with bid opening at the same date and time. The contract will be awarded to the lowest-priced responsive bidder and does not specify a defined contract term beyond the initial installation and commissioning phase.

The bid price is firm for ninety calendar days following bid acknowledgment and is not subject to price adjustments. All software licenses, cloud services, cellular communication services, monitoring subscriptions, and connectivity fees must be included in the bid price, with a minimum five-year remote monitoring subscription provided at no additional cost to the City. Bidders must submit a bid bond equal to five percent of the total bid amount, and the successful contractor must provide performance and payment bonds each equal to one hundred percent of the contract price. The project is financially supported by a Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance Grant, requiring compliance with federal procurement standards in Title 2 of the Code of Federal Regulations, Part 200, sections 200.317-200.327, in addition to state and local standards. Insurance requirements include workers' compensation (statutory), comprehensive general liability ($500,000 each occurrence; $1,000,000 aggregate), and comprehensive automobile liability ($500,000 combined single limit). The contractor must provide factory-authorized 24/7 emergency service support with on-site response within four hours and must supply on-site operator and maintenance training as part of the contract deliverables.

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INVITATION FOR BIDS

EMERGENCY STANDBY DIESEL GENERATORS AND AUTOMATIC

TRANSFER SWITCH

Submission Deadline: November 9, 2026, 3:00 p.m. (CDT)

Finance Department - Budget and Purchasing https://www.canyontx.com/679/Purchasing

Beau Boyer

Budget & Purchasing Manager bboyer@canyontx.gov http://www.canyontx.com/679/Purchasing

City of Canyon Emergency Standby Diesel Generators & ATS Invitation for Bids

Table of Contents

1. Introduction

2. General Requirements

3. Specifications

4. Submissions

5. Bid Bond Requirement

6. Important Dates

7. IFB Attachments

8. Communication

9. Single Bid

10. Performance and Payment Bond Requirements

11. Insurance Requirements

12. Legal Compliance

13. Award of Contract

14. Cancellation Of Procurement

15. Withdrawal Or Modification Of Bid

16. Bid Rejection Or Partial Acceptance

17. Texas Open Records Act And Confidentiality

18. Condition Of Site And Work

19. Indemnification

1. Introduction

The City of Canyon, Texas ("City"), is inviting you to submit a bid for the following emergency standby diesel generators that will secure uninterrupted water utility service to the City’s residents. An award will be made to the responsible bidder whose bid, conforming with all the material terms and conditions of this solicitation, is lowest in price.

The purchase of these generators is financially supported by the Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance Grant. Therefore, the procurement process, award, and contract execution must comply with federal laws, including the federal procurement standards described in Title 2 of the Code of Federal Regulations (C.F.R.), Part 200, sections 200.317-200.327, in addition to state and local standards.

This Invitation for Bids (IFB) outlines the equipment specifications, schedule, budget, service expectations, and procedures for submitting bids. Interested parties are invited to submit bids in accordance with the terms outlined herein.

2. General Requirements

The Contractor shall furnish and install new diesel-powered emergency standby generator systems complete with automatic transfer switches (ATS), controls, remote monitoring, accessories, and all equipment necessary for a complete and operational emergency power system.

Equipment shall be new, current production, and manufactured by a nationally recognized manufacturer with an established service network within the United States.

Manufacturers may include, but are not limited to, Caterpillar, Cummins, Generac, Kohler, MTU, Taylor Power Systems, HIPOWER, or an approved equal.

Any reference to manufacturers is intended solely to establish a minimum standard of quality and performance.

Equivalent products meeting or exceeding the requirements of this specification shall be considered.

For each awarded location, the complete emergency power system shall be furnished as a fully integrated package and supported by a single authorized service organization.

3. Specifications

A. Site Work and Installation Requirements

The Contractor shall furnish all labor, materials, equipment, and services necessary for a complete and operational installation.

i. Concrete Foundations:

Provide reinforced concrete generator and equipment pads as required by the generator manufacturer and/or engineered plans and specifications.

At a minimum:

• Pad dimensions shall meet manufacturer's recommendations.

• Concrete shall have a minimum compressive strength of 4,000 psi at 28 days.

• Pad thickness shall be sufficient to support generator, fuel tank, ATS, and accessory loads.

• Anchor bolts, embedded hardware, and grounding provisions shall be included.

• Contractor shall restore disturbed surfaces adjacent to the work.

ii. Earthwork:

Contractor shall perform excavation, grading, backfilling, compaction, and site restoration required for installation.

Work shall include:

• Removal of unsuitable material.

• Placement and compaction of fill.

• Rough and finished grading.

• Disposal of excess materials.

iii. Generator Installation:

Contractor shall unload, rig, place, anchor, connect, test, and commission all generator equipment.

iv. ATS Installation:

Contractor shall furnish all labor and materials necessary for installation, wiring, testing, and commissioning of each Automatic Transfer Switch.

v. Variable Frequency Drive (VFD) Modifications:

At locations identified in Attachment B, Contractor shall furnish, install, program, integrate, test, and commission the Variable Frequency Drives and associated modifications required for proper operation of the connected equipment while operating on normal utility power or generator power. VFDs shall be properly sized for the connected motor loads and shall be compatible with the generator system, controls, and electrical characteristics of the equipment furnished under this Contract. Contractor shall coordinate VFD and generator requirements to ensure stable operation of the complete system.

B. Generator and Automatic Transfer Switch (ATS) Requirements

The following generator systems shall be furnished and installed:

i. Generator Requirements:

Quantity Rating Voltage Phase Fuel Type

1 500 kW 480 VAC 3 Phase Diesel

2 150 kW 480 VAC 3 Phase Diesel

2 80 kW 480 VAC 3 Phase Diesel

3 11 kW 240 VAC Single Phase Diesel

All generators shall be rated for standby emergency service.

Each generator shall be furnished complete with engine, controls, automatic transfer switch (ATS), enclosure, remote monitoring equipment, batteries, battery charger, heaters, and all accessories necessary for a complete and operational emergency standby power system.

ii. Automatic Transfer Switch Requirements:

Quantity ATS Rating Voltage

1 800 Amp 480 VAC

2 200 Amp 480 VAC

2 150 Amp 480 VAC

3 100 Amp 240 VAC

ATS ratings shown represent the minimum required ratings. Final ATS sizing shall be coordinated by the Contractor based upon the connected load, generator capacity, available fault current, and applicable code requirements.

Each ATS shall meet all requirements specified in E. Automatic Transfer Switch Requirements of the listed specifications.

C. Variable Frequency Drive Requirements

Where identified in Attachment B, the Contractor shall furnish and install a new Variable Frequency Drive suitable for the existing pump motor.

Minimum requirements:

• NEMA-rated enclosure appropriate for installation location.

• Full compatibility with generator operation.

• Soft-start and motor protection functions.

• Programmable control interface.

• Fault diagnostics and event logging.

• SCADA and network integration.

• Integration with generator controls and site monitoring systems where applicable.

VFD ratings:

• Kim Road: 150 HP VFD.

• Well 24: 125 HP VFD.

• Well 25: 125 HP VFD.

Contractor shall verify final sizing prior to procurement.

D. Regulatory Compliance

All equipment furnished under this specification shall comply with the latest applicable editions of:

i. NFPA 110 Level 1 Emergency Power Supply System (EPSS)

ii. NFPA 70 (National Electrical Code)

iii. UL 2200 Listed Generator Assemblies

iv. Applicable EPA emissions regulations in effect at the time of manufacture

v. OSHA requirements

vi. State and local codes having jurisdiction

The manufacturer shall provide documentation demonstrating compliance with all applicable EPA emissions standards.

E. Engine Requirements

The diesel engine shall include, at a minimum:

i. Jacket water/block heater

ii. Engine oil heater

iii. Electronic governor

iv. Engine-mounted starting batteries

v. Automatic battery charger and maintainer

vi. Fuel, oil, and coolant monitoring

vii. Overspeed protection

viii. Low oil pressure shutdown

ix. High coolant temperature shutdown

x. Low battery voltage alarm

F. Fuel System Requirements

Each generator system shall be furnished with a fuel storage system capable of supporting a minimum of twenty-four (24) hours of continuous operation at full-rated standby load without refueling.

Fuel tank sizing calculations shall be provided by the bidder.

G. Automatic Transfer Switch Requirements

Provide a dedicated Automatic Transfer Switch (ATS) for each generator system.

ATS equipment shall include:

i. Microprocessor-based controller

ii. Automatic transfer upon utility failure

iii. Automatic retransfer upon restoration of utility power

iv. Adjustable time delays

v. Utility voltage monitoring

vi. Generator voltage monitoring

vii. Frequency monitoring

viii. Event logging

ix. Programmable automatic exercise timer with configurable exercise intervals and duration

x. Local operator interface

xi. Manual transfer capability

xii. Open-transition operation unless otherwise specified

Outdoor ATS installations shall be furnished in NEMA 3R enclosures at a minimum.

The ATS shall communicate with the generator control system and support integration with facility monitoring systems.

All automatic transfer switches, regardless of ampere rating, shall provide the monitoring, communications, event logging, alarming, remote access, and integration capabilities specified herein. Any required communication modules, gateways, software licenses, or accessories necessary to provide the specified functionality shall be included in the bid price.

Each ATS shall provide source availability monitoring, transfer history, event history records, and communication capability via Modbus TCP/IP, Modbus RTU, BACnet, or approved equivalent open communication protocol.

The 800-amp ATS and 100-amp ATS shall be furnished with equivalent control, monitoring, communications, and integration capabilities. Differences between ATS units shall be limited to ampere rating, enclosure size, short-circuit withstand rating, voltage, phase, and application-specific requirements.

H. Controls, Monitoring, And Remote Communications

The generator control system shall provide local and remote monitoring capabilities.

i. Engine Monitoring

a) Engine speed (RPM)

b) Engine oil pressure

c) Engine oil temperature

d) Engine coolant temperature

e) Battery voltage

f) Engine run hours

g) Fuel level

ii. Electrical Monitoring

a) Generator output voltage

b) Generator output current

c) Frequency

d) kW output

e) Power factor

f) Generator operating status

g) Utility power status

iii. Alarm and Event Logging The system shall provide:

a) Historical event logging

b) Alarm history

c) Fault logging

d) Runtime tracking

e) Maintenance reminders

f) Downloadable event reports

I. Automatic Exercise and Preventive Maintenance Scheduling The generator control system shall include an automatic exercise function capable of operating the generator on a programmable schedule.

The exercise schedule shall be configurable by authorized personnel and shall support weekly, bi-weekly, monthly, or manufacturer-recommended exercise intervals.

The controller shall provide, at a minimum:

i. Automatic scheduled generator exercise operation

ii. Adjustable exercise duration

iii. Exercise with or without load transfer

iv. Automatic recording of exercise events in the event log

v. Notification of missed exercise cycles

vi. Exercise schedule configuration through the local controller and remote monitoring platform, where supported

The system shall track engine run hours and provide preventative maintenance reminders based on manufacturer-recommended service intervals.

Maintenance reminders shall include, at a minimum:

i. Oil and filter service intervals

ii. Fuel system maintenance intervals

iii. Battery inspection intervals

iv. Cooling system service intervals

v. Manufacturer-recommended periodic inspections

Preventative maintenance notifications, exercise history, and service reminders shall be available through the local controller, remote HMI, and remote monitoring platform.

J. Remote Monitoring The generator shall include an integrated remote monitoring platform capable of:

vi. Secure internet connectivity

vii. Remote monitoring through web browser and/or mobile application

viii. Remote start and stop capability

ix. Remote alarm notification

x. Remote diagnostics

xi. Real-time operational status monitoring

Communication shall be provided through cellular, Ethernet, or both.

K. Remote HMI Provide a remote Human Machine Interface (HMI) or equivalent operator interface capable of:

i. Viewing operational status

ii. Viewing alarms and faults

iii. Reviewing event history

iv. Monitoring operating parameters

v. Allowing authorized control functions

L. SCADA and Building Automation Integration

The control system shall support one or more of the following communication protocols:

i. Modbus RTU

ii. Modbus TCP/IP

iii. BACnet

iv. SNMP

v. DNP3

vi. Other manufacturer-supported open communication protocols

The system shall be capable of integration with SCADA, building automation systems (BAS), and/or remote monitoring platforms.

M. Load Acceptance Requirements

The generator shall be capable of accepting 100 percent of the connected emergency load in a single step without exceeding manufacturer-recommended voltage and frequency recovery limits.

N. Factory Testing Each generator set shall undergo factory production testing before shipment.

Testing shall include:

i. Voltage regulation verification

ii. Frequency regulation verification

iii. Protective shutdown verification

iv. Alarm verification

v. Load-bank testing

vi. Verification of monitoring and control functions Certified factory test reports shall be provided with the equipment submittal package.

O. Startup And Commissioning Startup and commissioning shall be performed by a factory-authorized service representative.

Commissioning shall include:

i. Inspection of installation

ii. Verification of fuel system operation

iii. Verification of ATS operation

iv. Verification of monitoring and communication systems

v. Verification of alarms and shutdowns

vi. Operational testing under load

A written commissioning report shall be provided to the Owner.

P. Training The successful bidder shall provide on-site operator and maintenance training.

Training shall include:

i. Generator operation

ii. ATS operation

iii. Routine maintenance procedures

iv. Alarm response procedures

v. Remote monitoring operation

vi. Emergency operating procedures

Q. Remote Monitoring Subscription All software licenses, cloud services, cellular communication services, monitoring subscriptions, and connectivity fees required to provide the specified remote monitoring functionality shall be included in the bid price.

A minimum five (5) year monitoring subscription shall be included with no additional cost to the Owner.

R. Warranty And Service Support The bidder shall provide:

i. Manufacturer's standard warranty

ii. Available extended warranty options

iii. Local authorized service provider information

iv. Emergency service contact information

v. Typical emergency response times

vi. Availability of replacement parts

vii. Preventive maintenance program options

The generator manufacturer shall maintain a factory-authorized service organization capable of providing 24-hour emergency service support, seven (7) days per week, and on-site response within four (4) hours of notice from the City.

The successful bidder shall provide a single point of responsibility for warranty support, technical support, startup, commissioning, and service coordination for the complete emergency power system.

4. Submissions

A. The bidder shall provide the following to be considered a responsive bid:

i. Generator specification sheets

ii. ATS specification sheets

iii. Fuel consumption data

iv. Emissions compliance documentation

v. Factory testing documentation

vi. Monitoring system information

vii. Service support information

viii. Warranty information

ix. Local service provider information

x. Equipment dimensional drawings

xi. Foundation and installation requirements

xii. Electrical one-line diagrams

xiii. Completed signed Attachment B: IFB Bid Form

a. The prices quoted on this form are firm bid prices, which are good for ninety (90) calendar days following the acknowledgement of bids and are not subject to price adjustments.

xiv. Completed and signed Attachment C: Representations & Certifications

xv. Completed and signed Conflict of Interest Questionnaire – Attachment D

B. Sealed bids that are signed by a duly authorized officer, employee, or agent are to be hand-delivered or mailed to:

City of Canyon IFB: Generators and ATS ATTN: Beau Boyer 301 16th Street Canyon, Texas 79015

5. Bid Bond Requirement

Submitted bids shall include an original Bid Bond issued by a corporate surety company licensed to do business in the State of Texas, or a certified or cashier's check payable to the order of the City of Canyon, Texas, in an amount not less than five percent (5%) of the greatest total amount of the Bid as a guarantee that if awarded the Contract, the successful Bidder will promptly enter into a Contract and execute payment and performance bonds as outlined in the specification and Contract Documents. The bid bond, or its comparable, will be returned to the bidder as soon as practicable after the opening of the bids.

The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the municipality may grant, shall constitute a default and the municipality may, at its option, either award the contract to the next qualified responsible bidder, or re-advertise for bids. In either case, the City may charge against the bidder the difference between the amount of the bids, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the municipality for a refund.

6. Important Dates

Deadline Date Description

Pre-Bid Meeting

October 21, 2026 10:00 a.m.

The City will review the IFB process and expectations, and there will be an opportunity for interested parties to ask questions.

Questions October 26, 2026 5:00 p.m.

All questions shall be provided in writing via email to bboyer@canyontx.gov or using the City’s procurement platform.

Answer to Questions

October 30, 2026 5:00 p.m.

The City will provide necessary answers to questions via an Addendum published on the City’s procurement platform or using the platform's Q&A feature.

Submission Deadline

November 9, 2026 3:00 p.m.

Responses to the IFB, including those submitted via mail, must be received by this date and time. Submissions may not be altered, amended, or rescinded after this date and time.

Bid Opening November 9, 2026 3:00 p.m.

Sealed bids received by the submission deadline will be publicly opened and read aloud at the time and place stated in this Invitation for Bids.

7. IFB Attachments

The following IFB Attachments and Special Provisions shall apply to any subcontract/purchase order as a result of this solicitation:

• Attachment A: Terms and Conditions

• Attachment B: IFB Bid Form

• Attachment C: Representations & Certifications

• Attachment D: Conflict of Interest Questionnaire

• Attachment E: Generator Locations Map mailto:bboyer@canyontx.gov

8. Communication

It is understood that Bidders are prohibited from directly or indirectly communicating with City Commission members or City staff members regarding their bid or the award of a contract outside of the communication procedures detailed within this Invitation for Bids (IFB), unless in response to an inquiry from a staff member. Any violation will result in immediate disqualification of the Bidder from the selection process.

The City utilizes a third-party procurement platform provided by Beacon to share solicitations and communicate with interested parties. To view solicitation details, receive automated update emails, and use the Q&A feature, be sure to register using the following link: https://www.beaconbid.com/solicitations/city-of-canyon/register. Any questions regarding registration, receiving emails, or using the platform should be directed to Beacon’s Help Center.

9. Single Bid

In the event a single bid is received, the City will determine whether the bid is responsive, the bidder is responsible, and the price is fair and reasonable based on the required cost or price analysis. If so, the City may make an award. If not, the City may reject the bid and re-advertise.

10. Performance and Payment Bond Requirements

The Contractor shall furnish the bonds required by federal regulations and Chapter 2253, Texas Government Code, before beginning work.

A. Performance Bond – The Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Contract price. The performance bond shall secure the Contractor’s faithful performance of the Contract and shall be for the protection of the City.

B. Payment Bond – The Contractor shall provide a payment bond in the amount of one hundred percent (100%) of the Contract price. The payment bond shall be solely for the protection and use of persons supplying labor or material in the prosecution of the work.

11. Insurance Requirements

The contractor shall, at no expense to the CITY, instruct their insurance agent or carrier to furnish a certificate of insurance attesting to the issuance of policies affording coverage as required and listed in this section. Certificates required by this contract shall be submitted prior to award of the contract.

The contractor shall furnish and keep in full force during the term of this contract the following insurance coverage:

A. Workers’ Compensation Insurance Amount: Statutory

B. Comprehensive General Liability Insurance Amount: $500,000 Each Occurrence; $1,000.000 General Aggregate

C. Comprehensive Automobile Liability Insurance (applicable to owned, non-owned and hired vehicles) Amount:

$500,000 Combined Single Limit

The premiums to be expended for all of the above-enumerated policies of insurance shall be paid by the contractor.

The policies of insurance, certificates of insurance, and the insurance company(s) issuing such certificates or policies of insurance must be acceptable to the City.

All policies or certificates of insurance must be issued indicating that such policies or certificates apply to work being performed under a specific contract or to all work performed by the contractor for the City.

https://www.beaconbid.com/solicitations/city-of-canyon/register

All of the aforementioned policies and certificates of insurance should be issued immediately after the contractor receives notification of award. It should be clearly understood that the contractor is not to commence any work until a written notice to proceed is received from the City. Policies and certificates of insurance must clearly indicate that they will remain in force for a period of at least twelve (12) months from the inception date.

A minimum of thirty (30) days' written notification must be given by an insurer of any alteration, material change, or cancellation affecting any certificates or policies of insurance as required under this contract. The City is to be named as an additional insured.

Such required notification must be sent via registered or certified mail.

12. Legal Compliance

The selected Company must comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives as well as state and local laws, ordinances, rules, and regulations.

13. Award of Contract

The City will award a firm-fixed-price contract to the responsible bidder whose bid, conforming with all the material terms and conditions of this Invitation for Bids, is lowest in price.

14. Cancellation Of Procurement

The City reserves the right to cancel the procurement, at any time for any reason before the Contract is fully executed and authorized by the City Commission.

15. Withdrawal Or Modification Of Bid

Bids, once submitted, shall not be modified but may be withdrawn by written notice to Beau Boyer provided it is received prior to the set bid opening date and time. A bid may also be withdrawn in person if the identity of the person can be established, and a receipt is signed for the bid. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing their bid will be returned promptly. No bid may be withdrawn after the time set for the bid opening.

16. Bid Rejection Or Partial Acceptance

The City reserves the right to reject any or all bids if there is a sound documented reason. The City may waive minor informalities or irregularities that are not material. The City reserves the right to award the contract in whole or in part, whichever results in the most economical approach.

17. Texas Open Records Act And Confidentiality

All materials submitted to the City pursuant to this IFB are subject to the mandates of the Texas Open Records Act, Government Code, Chapter 552, Subchapter A, §§552.009; Subchapter D, §§552.205; and Subchapter F, §§552.261 through 552.274. The purpose of this Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Almost all "records," as that term is defined in the Act, may be disclosed to the public upon request. Except where specific state or federal statutes create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access or reasonable expectation that this information will be kept from public access.

If you believe that any of the information you have submitted to the City pursuant to this IFB is confidential under a specific state or federal statute and therefore not subject to public access, you must comply with the following:

A. Place said documents/records in a separate envelope marked "Confidential." DO NOT label your entire response to the Invitation for Bids as "Confidential" – label only those portions of the response that you feel are made confidential by state or federal law as "Confidential." If only a portion of a document is confidential, please identify specifically the portions of the document you are claiming are confidential. Under the State of Texas Open Records Act, the City is obligated to produce documents for public inspection even if the documents contain a portion that is confidential, but can redact the confidential parts.

B. For each such document for which you are claiming a confidential privilege, identify the federal and/or state law that creates said privilege, e.g., for trade secrets. Should an Open Records request be presented to the City requesting information you have identified as "Confidential," you will be responsible for defending your position in the Court where the proceeding is filed, if needed.

By not identifying any records submitted as part of a Bid as "Confidential", the Bidder is irrefutably agreeing that said records are not confidential and are subject to public access.

18. Condition Of Site And Work

Each bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions there, and should fully inform themselves as to the facilities involved, and the difficulties and restrictions attending to the performance of the contract. The bidder should thoroughly examine and familiarize themselves with the technical specifications and all other contract documents. The company, by the execution of the contract, shall in no way be relieved of any obligation under it due to its failure to receive or examine any form or legal document or to visit the site or acquaint itself with the conditions there existing. The City will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. The submission of a bid by a Bidder shall be conclusive evidence that the Bidder is fully acquainted and satisfied as to the character, quality and quantity of work to be performed and materials to be furnished.

19. Indemnification

The bidder covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the City and the elected officials, employees, officers, directors, volunteers and representatives of the City, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the City directly or indirectly arising out of, resulting from or related to Bidder’s activities under this contract, including any acts or omissions of Bidder, any agent, officer, director, representative, employee, consultant or subcontractor of Bidder, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of City, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT BIDDER AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF

COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN

ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY

GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT

WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

The provisions of this Indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. The bidder shall advise the City in writing within twenty-four (24) hours of any claim or demand against the City or Bidder known to Bidder related to or arising out of Bidder's activities under this contract, and shall see to the investigation and defense of such claim or demand at Bidder's cost. The City shall have the right, at its option and at its own expense, to participate in such defense without relieving Bidder of any of its obligations under this paragraph.

1. Introduction
2. General Requirements
3. Specifications
4. Submissions
5. Bid Bond Requirement
6. Important Dates
7. IFB Attachments
8. Communication
9. Single Bid
10. Performance and Payment Bond Requirements
11. Insurance Requirements
12. Legal Compliance
13. Award of Contract
14. Cancellation Of Procurement
15. Withdrawal Or Modification Of Bid
16. Bid Rejection Or Partial Acceptance
17. Texas Open Records Act And Confidentiality
18. Condition Of Site And Work
19. Indemnification

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