Generator and Transfer Switch PM, Inspection and Repair Plan Lincoln County RFP # Generator Service

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1 1 1. Introduction Generator and Transfer Switch PM, Inspection and Repair Plan Lincoln County RFP # Generator Service 1.1 Lincoln County is seeking proposals for preventative maintenance, inspections and 24-hour emergency service on our emergency generators and transfer switches. 1.2 The purpose of this bid is to: Result in a contract between the vendor and Lincoln County Meet and follow all applicable federal, state and local guidelines and regulations. 1.3 Bid Proposal shall be good for 120 days. Pricing shall be guaranteed for a two (2) year period. 1.4 Quoted pricing shall be for two (2) years with the option to renew. The contract will not be automatic renewal and may be renewed in any combination of years for periods of up to three additional years with mutual agreement of all parties. The total length of the contract including all renewals shall not exceed five years. Event Date RFP Issued March 26, 2014 Deadline for Submitting a Question April 28, 2014 Questions Answered Addendum Issued April 30, 2014 Proposal Due Date 2:00 pm May 6, 2014 Completion of Proposal Evaluations May 8, 2014 BOC - Request to Award May 19, 2014 Contract Begins TBD 2. General Bidding Requirements 2.1 When responding to this RFP, please follow the instructions carefully. Submit proposal contents according to the outline specified and submit documents according to the instructions. This RFP will be posted on Lincoln County s website at any addenda issued for this RFP will be posted at this site. 2.2 Lincoln County reserve the right to reject any or all proposals and to waive any formalities as may be permitted by law.

2 2 3. Proposal Contact 3.1 Each Proposer is required to submit its proposal in a sealed envelope. One (1) original and one (1) copy shall be submitted to the address shown below: Lincoln County Managers Office John Henry, Purchasing Agent Third Floor Citizens Center 115 West Main Street Lincolnton, NC All proposals must be received no later than 2:00 p.m., May 6, The Proposer s name and the RFP number must be marked clearly on the outer most packaging of the proposal submission. 3.3 Lincoln County will not be responsible for any expenses incurred by a Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided. 3.4 Should any Proposer find discrepancies, omissions or ambiguities in this RFP, the Proposer must request in writing within seven days of receipt of proposal, an interpretation from John Henry, Purchasing Agent (jhenry@lincolncounty.org). 3.5 Questions and Clarifications to the RFP will be provided by a written addendum to all who have completed and returned the Intent to Propose Form (page number 10). The addendum will also be available on Lincoln County s website at under the Request for Proposal. 3.6 The Proposer hereby certifies that it has carefully examined this RFP and the Proposer certifies that it understands the scope of work to be done and that the Proposer has knowledge and expertise to provide the scope of work. By signature on the response to the RFP, the Proposer certifies that its proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud, so that all proposals for this service will result from free, open and competitive proposing among all vendors. 4. Indemnification 4.1 The successful Proposer will indemnify and hold Lincoln County harmless from any and all liability, expense, judgment, suit or cause of action for personal injury, death, or direct damage to tangible property which may accrue against Lincoln County to the extent it is caused by the negligence of the successful Proposer, its subcontractors, or their employees or agents, while performing duties under this Agreement, provided that the Agencies gives the successful Proposer prompt, written notice of such claim or suit. 5. Independent Contractor 5.1 It is understood that in the performance of any services herein provided, the Proposer shall be, and is, an independent contractor, and is not an agent or employee of Lincoln County and shall furnish such services in its own manner and method, except as required by this contract. Further, the Proposer has, and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by the Proposer in the performance of the services hereunder. The Proposer shall be solely responsible for, and shall indemnify, defend, and save Lincoln County harmless, from all matters relating to the payment of its employees, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

3 3 6. Payment 6.1 Payment for the rendered services pursuant to the Agreement resulting from this RFP shall be made in amounts as listed: The vendor shall provide to the appropriate department Administrative Assistant a certified invoice/statement. The county s payment terms are Net 30 days from receipt of invoice. Complete terms and method for doing business with Lincoln County can be found on the County s website How to Do Business with the County. 7. Governing Law 7.1 This RFP and any contract resulting shall be governed by and construed according to the laws of the State of North Carolina, venue Lincoln County. 8. Compliance with Laws and Regulations 8.1 The successful Proposer and their employees shall conform to all Federal, State and Local regulations while in performance of their contracts. Any individual found not to conform shall not be allowed to start work or if started shall be required to leave the job site immediately. Continued violation by any success Proposer shall result in the immediate termination of the successful Proposer s contract without penalty to the Agencies. 9. Acceptance 9.1 Submission of any proposal indicates a Proposer s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise in the proposal. 9.2 Furthermore, Lincoln County is not bound to accept a proposal on the basis of lowest price, and further, the county has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals to waive and all formalities and/or irregularities. The county reserves the right to accept or reject any or all of the items in the proposal and to award the contract in whole or in part and/or negotiate any or all items with individual Proposed. 10. Specifications 10.1 Vendor shall supply lowest pricing for items listed on the attached spreadsheet By submitting a proposal, the vendor agrees that no proposal may be withdrawn for a minimum of 60 days following submittal Lincoln County reserves the right to reject any and all proposals, negotiate with any vendor and make award, if any, in the best interest of Lincoln County. 11. LINCOLN COUNTY GENERAL CONTRACT TERMS AND CONDITIONS 11.1 DEFAULT AND PERFORMANCE BOND: In case of default by the Contractor, the County may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Lincoln County reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to the County. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, Lincoln County may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the County, and debar the Contractor from doing future business with Lincoln County GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify, in writing, the issuing purchasing office at once,

4 4 indicating the specific regulation which required such alterations. Lincoln County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement TAXES: Any applicable taxes shall be invoiced as a separate item. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates); collect(s) the appropriate taxes SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina NO COLLUSION OR CONFLICT OF INTEREST: By responding to this RFP, the Service Provider shall be deemed to have represented and warranted that the Proposal is not made in connection with any competing Service Provider submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud INSPECTION AT CONTRACTOR S SITE: Lincoln County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for the County s determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Lincoln County is responsible for all payments to the Contractor under the contract AFFIRMATIVE ACTION: The Contractor will take affirmative action in complying with all federal and state requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. Title VI is part of the Civil Rights Act of 1964, as amended, and its implementing regulations provide that no person shall be subject to discrimination on the basis of race, color or national origin under any program or activity that receives federal financial assistance. For our purposes, national origin equates to individuals who have a limited proficiency with the English language and their primary language is not English, hence, the term limited English proficiency or LEP CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories

5 5 and /or National Electrical Manufacturers Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution PATENT: The Contractor shall hold and save Lincoln County, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government ADVERTISING: Contractor agrees not to use the existence of this contract or the name of Lincoln County as part of any commercial advertising ASSIGNMENT: No assignment of the Contractor s obligations nor the Contractor s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Contractor, Lincoln County may: Forward the Contractor s payment check directly to any person or entity designated by the Contractor, and Include any person or entity designated by contractor as a joint payee on the Contractor s payment check. In no event shall such approval and action obligate Lincoln County to anyone other than the Contractor, and the Contractor shall remain responsible for fulfillment of all contract obligations INSURANCE COVERAGE and GENERAL REQUIREMENTS - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: Coverage: Workers Compensation - The Contractor shall provide and maintain Workers Compensation Insurance, as required by the laws of North Carolina, as well as employer s liability coverage with minimum limits of $150,000.00, covering all of Contractor s employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract Commercial General Liability - Contractor shall maintain Commercial General Liability insurance, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than $1,000, per occurrence, and $1,000, annual aggregate. The limits may be satisfied by a combination of primary and excess insurance. The coverage shall be written on an occurrence basis Automobile - At all times while the Contractor s representatives are conducting on-site work, the Contractor shall maintain Business Auto insurance for any owned, hired,

6 General: rented, or borrowed vehicle with a limit of not less than $1,000, per occurrence combined single limit for bodily injury and property damage liability. The limit may be satisfied by a combination of primary and excess insurance Prior to beginning the work, Contractor shall provide written evidence of insurance as requested by the County to confirm that these insurance requirements are satisfied Lincoln County shall be named as an additional insured under Contractor s automobile and general liability insurance. In the event of a loss arising out of, or related to the Contractor s services performed under this Agreement, Contractor s Liability insurance shall be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the other insurance provisions may read The workers compensation policy must contain a waiver of subrogation in favor of the County Contractor shall be responsible for insuring all of his/her own personal property, improvements, and betterments All insurance policies put forth to satisfy the above requirements shall require the insurer to provide a minimum of thirty (30) days notice to the County of any material change in coverage, cancellation, or non-renewal All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the State of North Carolina. Any deductibles or self-insured retentions in the required insurance shall be subject to approval by the County Contractor shall provide certificates of insurance to the County as evidence of the required coverage. Contractor agrees to provide complete copies of policies if requested. Failure of Contractor to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Contractor s delaying performance entitling the county to all appropriate remedies under the law including termination of the contract GENERAL INDEMNITY: The Contractor shall hold and save Lincoln County, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the Contractor provided that the contractor is notified in writing within 30 days that the County has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against Lincoln County s agents who are involved in the delivery or processing of contractor goods to the County. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

7 CONTRACT AND OR AGREEMENT TERM LENGTH: The duration of this contract and or agreement shall be for one year unless noted on the signature page. No contract and or agreement shall extend 60 days past the renew date. Contract and or agreements may be extended, upon agreement of the parties, for up to a total of five years from the original contract or agreement date. However; the contract and or agreement will not be automatically renewed past the contract and or agreement dates listed on the initial signature page CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least ninety (90) days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving thirty (30) days prior notice in writing to the other party. See ADDITIONAL TERMS AND CONDITIONS page 19 Termination and Suspension of Work/Contract QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases thereunder PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period, must be general, either by reason of market change or on the part of the contractor to other customers Notification: Must be given to the issuing purchasing authority, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer s official notice or other acceptable evidence that the change is general in nature Decreases: The County shall receive full proportionate benefit immediately at any time during the contract period Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with the County reserving the right to accept or reject the increase, or cancel the contract. Such action by Lincoln County shall occur not later than 15 days after the receipt by Lincoln County of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item CRIMINAL CONVICTIONS CHECKS: Lincoln County is committed to providing a crime free environment for its staff and citizens. If the contractual requirements requires your personnel will have access to various areas of County Facilities. The County reserves the right to require a criminal convictions check on owners, officers, employees and any other workers of the Contractor and their subcontractors at any time upon written request. The Contractor or the Contractor s direct representative shall accompany all new employees to the jobsite and present them to the Contract Administrator. At that time, if a criminal convictions check has been requested the Contractor shall provide a criminal history (not a letter) including traffic records, by presenting a document from a reputable company providing statewide searches covering a minimum of the last seven (7) years to the Contract Administrator. The criminal history shall match the name on state issued picture identification card. Out

8 8 of state searches shall be required for persons living in the state of North Carolina for less than seven (7) years. The names, addresses and birth dates of each person that enters County property (including the owners and subcontracts) in the performance of this contract shall be supplied with the criminal history on company letterhead signed by a representative duly authorized to sign on behalf of the company. This history shall be provided to the Contract Administrator at least twenty-four (24) hours prior to any person performing work under this contract. Persons without this criminal history may be turned away and not allowed to work on any property owned or utilized by the County until proper documentation is submitted and approved by the Contract Administrator. The County reserves the right to keep any person from being assigned to work on its property if that person (1) has been convicted of a criminal offense since the age of eighteen (18), or (2) been found at any time to have an outstanding warrant or a pending court case, or, (3) if related to his/her work at the County, has current habitual problems with traffic related issues such as no driver s license, no vehicle tags, and/or no insurance. The Contractor must disclose the criminal convictions records of all persons proposed to work on property with the designated county official. During the term of this contract, the Contractor shall comply with these procedures for any new owner, officer, employee and any other worker of the Contractor and their subcontractors upon proper written notification by the Contract Administrator. The Contract Administrator shall maintain all criminal convictions checks in a secure locked container for the term of the contract. At the end of the contract period the Contract Administrator shall ensure that the files have been returned to Contractor or destroyed in such a manner as to prevent disclosure of any kind EMPLOYEE VERIFICATION: Contractor shall verify and provide photo identification of each of its employees, and require the same of any subcontractors hired by Contractor. Contractor shall further utilize employees or subcontractors that speak fluent English such that they can understand any directions of the Contractor or County, and be understood in their responses thereto. Contractor at all times it is entered into a contract with Lincoln County shall comply, to the extent applicable, with Article 2 of Chapter 64 of the North Carolina General Statutes, and shall further ensure that any subcontractors performing work for Company shall at all times comply with Article 2 of Chapter 64 of the North Carolina General Statutes. Contractor shall further execute an affidavit on a form provided by Lincoln County averring such compliance as stated herein.

9 9 INTENT TO PROPOSE RFP # Generator Service this form to the person listed below within 2 days of the due date for Submittal of Questions. Send to John Henry, Purchasing Agent at jhenry@lincolncounty.org Name: Title Organization: Address: Address: Phone Number: Fax: Authorized Signature: Date: Please check all that apply: We intend to submit a proposal for RFP # Generator Service We do not intend to submit a proposal for RFP # Generator Service I did not receive a notice, please add my company to the database Please delete my company from the database.

10 10 Lincoln County Government Annual Generator and Transfer Switch Preventative Maintenance Service, Inspection and Repair Plan Scope of Work Lincoln County requires preventative maintenance service, inspections and 24 hour emergency service on our emergency generator system at the rate and intervals contained herein: General Description: The work covered as set forth in this document includes the furnishing of all parts, labor, tools equipment and performing all operations in connection with three (3) Levels of preventative maintenance for generators and service levels listed in Exhibit #4. Visits shall be scheduled based on the number of services required for Level One and spread evenly throughout the year. It is the general intent to award this contract to a single overall bidder on all items. The right is reserved, however, to make awards on the basis of individual items, groups of items, per facility or add/delete any areas included or subsequently may have been omitted, if such shall be considered by the County to be most advantageous or to constitute its best interest. The preventative maintenance service (PM Service) of the unit shall include the following: LEVEL ONE PREVENTATIVE INSPECTION SERVICES Services listed below will be performed based on the schedule provided in Exhibit #4, and a minimum of said services will include: Generator Visual Inspection checks: Oil Level Coolant Level/Antifreeze (Check ph) Air Cleaner Assembly (leaks, cracks) Inlet Manifold and Piping, Rain Cap (condition) Exhaust Manifold and Piping (condition) Fuel System (day tank operation lines, leaks, condition) Fuel Priming Pump (operation, condition) Radiator, Radiator Cap, Radiator Air Flow (leaks, damage, blocking) Water Hoses (condition, leaks) Fan assembly (cracks, bent blades, bearings) V and Serpentine Belts, Balancer (proper tension, condition) Crankcase Breather Engine Mounts (condition) Electrical Wiring (engine) Battery(s) (Check gravity) Battery Charger (log output voltage) Overall Appearance (paint, etc.) Generator Stator Armature (visual condition) Brushes, Holders, Slip Rings (condition) Rotating Fields (condition) Controller (fault indicators)

11 11 Generator Performance Evaluations Starter (cranking ability, operation) voltage drop Engine Smoke (critical system indicator) Gauges and Indicators (operation, condition) Battery Charge Rate (voltage, reading, amps reading) Fuel Transfer Pump (PSI, valves, condition, leaks) Lubrication System (PSI valve) and High Idle Lubrication System (leaks) Cooling System, Block Heater (s) (leaks, condition) Temperature Regulators (operation, stability, response) Governor (operation, stability, response) Turbocharger (operation) After Cooler (condition, leaks) Safety Devices (operation, condition) (faults?) Oil Pressure Control Panel (operation, condition (faults?) Electrical Power Generator (operation) 1. Voltage 2. Amperage 3. Hertz Transfer Switch Inspections Checklist Check the transfer switch s main power switching mechanisms mechanical operation and integrity. Tighten control and power wiring connection to specifications Check main power switching contacts condition and clean Perform a thermal scan or millivolt drop test to check high contact resistances. Tight connections, clean main contacts Adjust main contacts as necessary Test all indicators and remote control systems for operation Results obtained shall be logged on a Preventative Inspection Checklist Form and sent to Contact listed on Exhibit #4. LEVEL TWO PREVENTATIVE MAINTENANCE SERVICES: Services listed below will be performed on a once per year basis, and as a minimum said service will include: Generator Maintenance Items: Level one Services (see attached) Change oil and filters Change fuel filters Change air filters as needed Sample engine oil for engine wear or contaminates, report results Service batteries Inspect and lubricate airflow louvers

12 12 Transfer Switch Maintenance Items: Level one Services (see attached) Lubricate switch Test transfer switch s automatic control system. Inspect inside of transfer switch for vibration, leakage, noise, temperature or contamination. Results obtained shall be logged on a Preventative Maintenance Checklist Form and sent to Contact listed on Exhibit #4. ADDITIONAL LOAD BANK TEST SERVICES: Services listed below will be performed on as requested basis, and as a minimum said service will include: Load Bank Test Results obtained shall be logged on a Preventative Maintenance Checklist Form and sent to Contact listed on Exhibit #4.

13 13 Exhibit 2 Lincoln County Government Annual Generator Preventative Maintenance and Repair Plan BIDDER NAME: Date To: LINCOLN COUNTY MANAGER S OFFICE C/O JOHN HENRY PURCHASING AGENT THIRD FLOOR CITIZENS CENTER 115 WEST MAIN STREET LINCOLNTON, NC Quotation Sheet (Company) proposes to perform the scheduled services described in the attached Annual Generator Preventative Maintenance and Repair Plan at the rates listed on the attached sheet (Exhibit #4) and below. Level One - Preventative Inspection includes materials, labor, travel, mileage and any other incidental cost per unit. Complete attached bid sheet (Exhibit #4). Level Two - Preventative Maintenance Service includes parts and materials (such as filters, oil, antifreeze, grease, etc), labor, travel, mileage and any other incidental cost per unit. Complete attached bid sheet (Exhibit #4). Additional Load Bank Testing - include materials, labor, travel, mileage and any other incidental cost per unit. Complete attached bid sheet (Exhibit #4). MARK UP on additional repair parts that are not inclusive of items required in the Preventative Maintenance Service will be based on a percentage over cost for item. (Invoices shall accompany these charges.) ADDITIONAL LABOR COSTS beyond the labor included in the Preventative Maintenance Service or Preventative Maintenance Inspections, will be billed as follows: ROUTINE CALL performed between the hours of 7 am and 6 pm Monday through Friday excluding holidays. Calls between these hours will not be subject to emergency rates. ROUTINE TRIP CHARGE will be based on a per call basis and will include labor, travel and mileage to and from the site AFTER HOURS/EMERGENCY CALL performed between 5 pm and 7 am Monday through Friday, all day Saturday and Sunday, and all Holidays. AFTER HOURS TRIP CHARGE will be based on a per call basis and will include labor, travel and mileage to and from the site. AFTER HOURS/EMERGENCY SERVICE CALLS are calls requiring same day service or occurring on holidays, weekends or after 5 pm. These calls will be billed at the following rate: $

14 14 AFTER HOURS/EMERGENCY TRIP CHARGE will be based on a per call basis and will include labor, travel and mileage to and from the site. LABOR for emergency repairs will be $ per hour, regardless of duration of time needed to complete repairs. ESTIMATED EMERGENCY RESPONSE TIME to any given generator is: hours. By signing this Quotation Sheet the undersigned agrees that: A. The undersigned has carefully examined the terms and conditions and this Bid form and fully understands them. B. Agrees to execute the Standard Lincoln County Contract for Services. C. The undersigned carefully examined the site or sites of the project or projects and is familiar with the conditions under which the work, or any part of it, is to be done and the conditions which must be fulfilled in furnishing and/or erection or construction of any or all items of the project, and the furnishing only of any materials, equipment or apparatus specified in connection therewith. D. The undersigned will provide all necessary tools, machinery, apparatus, and all means necessary to do all the work and will furnish all materials, equipment, apparatus, and all else necessary to complete such work in a first class manner and in accordance with provided specifications. E. The bid does not include applicable North Carolina sales and/or use tax. F. It is the intention of the Owner, subject to the conditions set forth, to award contract(s) for the project on the basis of bids received at this letting and in such manner as they may decide on being in the best interest of the Owner. G. We hereby certify that this bid is made in good faith and without collusion or connection with any other person bidding on this proposal and that no official or employee of Lincoln County will be admitted to share any part of the contract or any benefit therefrom if the contract is awarded to this company. In submitting this bid, bidder certifies that he/she has read and accepts the terms and conditions. Business Name: Signature of Authorized Representative: Address: Title of Representative: City: State Zip Code Date:

15 15 Exhibit 3 Lincoln County Government Annual Generator Preventative Maintenance Service, Inspection and Repair Plan ADDITIONAL TERMS AND CONDITIONS Throughout these Terms and Conditions, Lincoln County Government shall be referred to as the Owner, and the Bidder shall be referred to as the Contractor. CONTRACTOR S RESPONSIBILITIES Contractor Duties The Contractor shall supply all materials, equipment, labor, and other items needed to perform and execute the work (hereinafter referred to as the Work) described in the Request for Bid Annual Generator Preventative Maintenance Service, Inspection and Repair Plan. The Work will be performed on the equipment at the locations as identified in Scope of Work. Owner will provide Contractor with such permissions as required for access to the sites. The Work shall be performed in accordance with generally accepted industry standards, practices, and principles applicable to the Work, and the Work sites maintained reasonably free of trash and waste materials. The Contractor shall supervise and direct the Work and shall be solely responsible for and in control of the means, methods, procedures, techniques and sequences of doing the Work. Except as otherwise provided in the Scope of Work, the Contractor shall pay for all labor, equipment, tools, transportation, subcontractors fees, and other items needed to perform and execute the Work. It is understood that Exhibit #4, Generator Location and Bid Sheet, is a comprehensive listing of generators. While Contractor is expected to bid on list in total, the Owner does not accept any financial responsibility for any Volunteer Fire Department generator s service. However, it is further understood that the Volunteer Fire Departments reserve the right to secure Contractor s services at the specified prices herein and will assume all financial obligations for same. Governmental Requirements In performing the Work, Contractor shall: a) comply with all applicable governmental laws, rules and regulations, b) maintain in effect all licenses which the Contractor is required to possess, and c) not discriminate against any of its employees or prospective employees because of race, religion, color, age, or national origin. Schedule The Work will be performed in accordance with the maintenance schedule identified in the Scope of Work (Exhibit #1). Contractor will be required to coordinate with Owner s Representative to gain access to equipment sites and for appointment dates to perform services and for potential disruptions during performance of the work. Warranties Contractor shall warranty their repairs for no less than (90) days for workmanship, and for the full manufacturer s warranty period on materials. Errors/Deficiencies Contractor shall, without additional compensation, make any corrections regarding inferior or incomplete work or materials furnished under this agreement if it is determined that Contractor is responsible for any errors or

16 16 deficiencies. Additional Work Any repairs identified during the performance of preventative maintenance service and inspection shall be described and submitted in writing along with an estimated cost of repair. Owner must approve the repair prior to such repair being undertaken. Delivery of Materials Contractor is responsible for all off-loading of materials, cost of pallets (if applicable), and removal of pallets following completion of project. Custody and Care of Property Contractor agrees that he/she shall be responsible for the proper custody and care of any property furnished for use in connection with the performance of this contract or purchased by it for this contract and will reimburse Lincoln County for loss of damage of such property. Supervision and Superintendence Contractor shall supervise, inspect, and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Owner s requirements. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of the Work. Contractor shall provide competent, suitably qualified personnel to complete the Work as stated in the Scope of Work, and Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto all work at the site shall be performed during regular working hours. Contractor will not permit the performance of work on a Saturday, Sunday, or any legal holiday without Owner s written consent (which will not be unreasonably withheld) given after prior written notice to Owner. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. Safety and Protection Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to (1) all persons on the site or who may be affected by the Work and (2) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. All damage, injury, or loss to any property referred to in this Safety and Protection section caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the acts or omissions of Owner or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). Contractor s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Owner has accepted the work. Lincoln County Government is committed to providing safe conditions for employees, contractors, vendors, and visitors while occupying Lincoln County facilities. Strict adherence to State and Federal OSHA and EPA Regulations will be required.

17 17 Hazard Communication Programs: Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the site in accordance with Laws or Regulations. Contractor shall not be responsible for any unforeseen hazardous environmental condition uncovered or revealed at the site; however, Contractor shall be responsible for a hazardous environmental condition created with any materials brought to the site by the contractor, subcontractor, supplier, or anyone else for whom Contractor is responsible. If Contractor encounters or creates a hazardous environmental condition, Contractor shall deal with the condition in accordance with applicable Federal and State regulations. Contractor shall immediately notify Owner in the event of any hazardous environmental conditions. Subcontractors Contractor shall not assign or subcontract any part of its obligations in connection with the Work unless such assignments or subcontractors are specifically agreed to in writing by the Owner. However, Contractor shall not be required to employ any subcontractor, supplier, or individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. Contractor shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor s own acts and omissions. Tests and Inspections Contractor shall give Owner timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor shall provide Owner with results of all testing. Invoicing Contractor shall bill Owner on an as completed basis for any scheduled maintenance and pre-approved repair work. Invoices shall include all generator location, generator model, sales taxes paid relative to the Work, Purchase Order number, description of item(s), quantities, unit price, extended price, freight, state and local taxes, and date of delivery. Purchase order number must be listed on all shipping labels. Receipted freight bills shall support invoices for prepaid transportation charges. In the case of bids or quotations, all freight charges are borne by the bidder unless otherwise specified in bid. Contact and address for invoicing will be provided to the successful bidder upon award of contract. OWNER S RESPONSIBILITIES Owner Furnished Data Owner has no reports of tests of existing materials, safety issues, or known hazardous environmental conditions at or contiguous to the Work site. Payments to Contractor Owner hereby agrees to pay to the Contractor in lawful money of the United States for the faithful performance of the Work in accordance with quoted prices as set forth in the Cost Proposal, subject to allowable additions and deductions. Owner s payment terms are typically Net 30. Owner may withhold payments if the Owner has received claims of lien by subcontractors for unpaid labor or materials, if the work of the Contractor is defective, if the Contractor fails to diligently pursue the work with reasonable dispatch, or if the amount requested is not consistent with the level of Work actually performed. Limitations on Owner s Responsibilities The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor s failure to perform the Work in accordance with the Scope of Work.

18 18 Owner s Representative Owner representatives are as shown on Exhibit #4 and shall have authority to transmit instructions, receive notices and information, and enunciate the Owner s policies and decisions in regards to the Work in their respective areas: GENERAL CONDITIONS Terms and Renewal Contract will be effective upon issuance of a purchase order from Lincoln County, and will be for an initial term of Two (2) years. Contractor is bound to the quoted prices for the full two (2) year term. Upon each anniversary date of any resulting agreement, Owner and Contractor, upon mutual agreement, shall have the option to renew this contract for one twelve (12) month term. This contract may be renewed up to three (3) times. With each renewal, Contractor may not increase its price. Contract continuance and contract extensions will be contingent upon the appropriation of funds by the Lincoln County Board of Commissioners. Contract Security and Insurances Bid, Performance, and Payment Bonds are not required for this work. Termination and Suspension of Work/Contract Termination Prior to Commencement of Work: Prior to the commencement of work, if in the judgment of the Owner, the Contractor is not capable of performing the desired work in accordance with the Contract either because of financial reasons, failure to supply necessary skilled workmen, unsatisfactory tools or equipment, inadequate supervision, or revocation of the Contractor's license, the Owner shall have the right to cancel, or terminate any Contract by giving the Contractor seven (7) calendar days written notice. Contractor shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure. Termination and Suspension for Cause: If the Contractor does not perform and execute the work in accordance with the specifications and fails to correct the same within a reasonable time, or the Contractor through Contractor s own fault does not diligently perform the work with reasonable dispatch, and such failure continues for a period of 30 days after written notice by the Owner to the Contractor, the Owner may terminate this agreement. Upon such termination, the Owner shall pay the Contractor all sums due for completed work through the date of termination, less the cost of curing any defective work. Termination and Suspension for Convenience or Default Owner may terminate or suspend performance of contract for Owner s convenience for any reason, including if the Contractor files a petition for bankruptcy or is adjudicated as bankrupt, or the Contractor is no longer licensed to perform the Work upon ten (10) business days notice to Contractor in which event all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of Owner, become its property, and the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. Should the reason for the termination or suspension be due to the Contractor s bankruptcy or loss of license as described herein, notwithstanding any other provision, Contractor shall not be relieved of liability to the Owner for damages sustained by Owner by virtue of any breach of this agreement, and Owner may withhold any payment due Contractor to offset anticipated damage costs until such time as the exact amount of damages due the Owner from such breach can be determined. Owner may also procure the services upon which Contractor defaulted from other sources and hold Contractor responsible for any excess cost occasioned thereby. In addition, Owner may immediately cease doing business with Contractor and immediately terminate for cause all other contracts Owner may have with the Contractor. Termination and Suspension Schedule: If termination or suspension of work occurs, Contractor shall

19 19 terminate or suspend performance of the services on a schedule acceptable to Owner. Standard of Care and Indemnification Contractor shall exercise reasonable care and skill as might be expected from similarly situated professionals performing services of the kind required under this agreement at the time and the place where the services are rendered. The staff of and subcontracted professionals engaged by Contractor shall possess the experience, knowledge and character necessary to qualify them to perform the particular duties to which they are assigned. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and the officers, directors, partners, employees, agents, consultants and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the Contract or the Work, including the loss of use resulting therefrom and breach of any of the successful bidder s warranties, but only to the extent caused by any negligent, reckless or intentional act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable or arising out of Contractor s breach of this Contract. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers compensation acts, disability benefit acts, or other employee benefit acts. No indemnification responsibilities created by this section shall survive and be enforceable after the contract between Lincoln County and the successful bidder terminates or expires, and they shall be terminated only by written agreement of the successful bidder and Lincoln County Government. The Contractor shall defend any and all suits and assume all liability for any and all claims made against Lincoln County Government or any of its officials or agents for the use of any patented process, device or article forming a part of the articles, equipment or services furnished under this contract. Records Contractor shall maintain all records, documents, notes, and financial information related to performance of the Work in accordance with generally accepted accounting principles and practices and shall provide the Owner access to such information if requested. Any information, data, instruments, documents, studies or reports given to or prepared or assembled by Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of Owner. Notices All required notices shall be in writing and mailed first class by US Mail, postage prepaid, to the addresses provided in the bid documents. Conflicts The terms of this agreement shall control over any conflicting terms in any referenced document. Severability If any provision of the Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the remaining provisions shall not be affected.

20 20 Dispute Resolution Any dispute arising between or among the Parties listed in this agreement, including without limitation a breach of such agreement, shall be subject to mediation and if necessary, a claim to the Courts of Lincoln County, North Carolina which shall have exclusive jurisdiction and venue to resolve any such dispute. Controlling Law Any agreement, contract, or purchase order resulting from this invitation, request for bid, quote, or request for proposal shall be binding on the heirs, successors and assigns of the parties. These terms and conditions, proposal, and exhibits contain the entire understanding of the parties and shall be governed by the laws of the State of North Carolina.

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