INVITATION TO BID ITB # 17-24 GENERATOR MAINTENANCE …Generator Maintenance Central Arkansas Water ITB # 17-24 2 Generator Maintenance Agreement ITB 17-24 Sealed Bids signed and marked

Generator Maintenance Central Arkansas Water ITB # 17-24

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PERSONS RECEIVING THIS ITB FROM THE INTERNET OR BY FAX MUST CALL (501) 377-1266 AND REGISTER THEMSELVES AS A POTENTIAL BIDDER. FAILURE TO REGISTER AS A POTENTIAL BIDDER MAY RESULT IN YOU MISSING AN AMENDMENT, AND A MISSING AMENDMENT MAY RESULT IN YOUR OFFER BEING FOUND NON-RESPONSIVE.

INVITATION TO BID

ITB # 17-24

GENERATOR MAINTENANCE BID

Bid Mailing Date

September 22, 2017

Submittal Due Date

October 5, 2017 2:00 P.M. CT

To

Elizabeth Tuck-Rowan, CPPO, CPPB, C.P.M., A.P.P., CPSD

Purchasing Manager

Purchasing Office

Central Arkansas Water

221 East Capitol Avenue, Third Floor

Little Rock, AR 72202

(501) 377-1266


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Generator Maintenance Agreement

ITB 17-24

Sealed Bids signed and marked Invitation to Bid, Generator Maintenance Bid will be received at Central Arkansas Water’s Office located at 221 East Capitol Avenue, 3rd Floor until 2:00 p.m., on Thursday, October 5, 2017, for services as described below. Central Arkansas Water desires to solicit qualified bids for the Maintenance Department. Direct inquires to David London, (501) 223-1572 as it relates to stated specifications. Background and General Information Central Arkansas Water, (CAW) is a metropolitan system that serves a population of approximately 450,000. We have 137,000 residential, commercial, industrial and master-metered customers in Pulaski, Saline and Grant Counties. The contract will be administered by the Distribution Maintenance Department. Scope of Work The successful Bidder will have the capability to provide products and services as specified in this Invitation to Bid. It is the intent of these specifications to describe the minimum requirements for Generator Maintenance. Bid Process One original and one copy of CAW Pricing Document - Attachment One, Vendor Pricing Schedule, Attachment Two - References and W-9 document per section “Payment to Supplier” is required. The original documents must be clearly marked and contain original signatures and must be easily reproducible on a standard copying machine. Failure to clearly mark the original and provide original signatures may result in a bid being found non-responsive and given no consideration. Bidder that is awarded the contract will be required to submit a complete bid package, each page initialed which indicates that the bidder understands the requirements of the bid.


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GENERAL PROVISIONS Bid Cash discount must be shown on bid, otherwise prices will be considered net. Unless prices and all information requested are complete, bid may be disregarded and given no consideration. CAW’ preferred payment term is 2%N10. This Invitation for Bid shall result in a firm, fixed price contract to purchase. In case of default by the bidder, CAW may procure the services from other sources and may deduct from any monies due, or that may thereafter become due to the bidder, the difference between the price named in the contract or purchase order and actual cost thereof to CAW. Prices paid by CAW shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Manager. All prices and bids must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by person signing the proposal. All bids must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. Submission of Bids Each bid must be submitted on the prescribed form in a sealed envelope with bid number, closing date and time on the outside. Each bid must be signed as indicated above. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Invitation to Bid. The information requested and the manner of submission is essential to permit prompt evaluation of all bids on a fair and uniform basis. Accordingly, CAW reserves the right to declare as non-responsive, and reject any bid in which material information requested is not furnished or where indirect or incomplete answers or information is provided. Any bid modifications or corrections thereof received after the closing time specified will not be considered. No telephone or facsimile of bids will be accepted. If a photo copy is to be submitted, it must be signed in original, in ink. If you do not bid, return this Invitation to Bid and state reason, otherwise your name may be removed from our mailing list. Proposal Postponement and Amendment CAW reserves the right to revise or amend the specifications up to the time set for opening the bids. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective bidders. Prospective bidders are defined as those bidders listed on the CAW' Invitation to Bid list for this service, or who have obtained bid documents subsequent to the proposal advertisement. If the revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening proposals may be postponed by such number of days as in the opinion of CAW shall enable bidders to revise their proposals. In any case, the proposal opening shall be at least five (5) working days after the last amendment, and the amendment shall include an announcement of the new date, if applicable, for the opening of proposals. Single Bid Response If only one bid is received in response to the Invitation to Bid, a detailed bid review may be requested of the single bidder. A cost/price analysis and evaluation and/or audit may be performed of the bid price in order to determine if the price is fair and reasonable. Bid Withdrawal


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After the bids are opened, bids may not be withdrawn for thirty (30) calendar days. Prior to the date/time set for the bid opening, however, bids may be modified or withdrawn by the bidder's authorized representative in person, or by written notice. If bids are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the ITB. Written notices shall be received in the office indicated in this Invitation to Bid no later than the exact date/time for the bid opening. A written modification or withdrawal received in the designated office by mail or facsimile from the receiving office no later than the date/time set for the bid opening shall be considered if such message is confirmed by receipt of the Purchasing Manager. Award CAW reserves the right to accept bids, award bids and/or not award bids on individual items listed, on group items, or on the bid as a whole; to reject any and all bids, to waive any informality in the bid, and to accept the bid that appears from all consideration to be for the best interest of CAW. In determining and evaluating the best bid, the prices will not necessarily be controlling, but quality, equality, efficiency, general terms, delivery, suitability of service offered, and the reputation of the supplier will be considered with any other relevant factors. The Purchasing Manager shall be the sole judge in the determination of these matters. Notice of bid award, if bid is awarded, will be made within thirty (30) days of bid opening. Receipt of the official Purchase Order of CAW covering the services described in the ITB will indicate the award of the bid and a contract to purchase. Contract Administration Except as otherwise specifically provided in the ITB, and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by certified mail or personal delivered to the office of the person identified. State and Local Tax Prices quoted shall not include State or Local Sales tax. Invoice billing will be paid at the current tax rate for Little Rock or North Little Rock, Arkansas in accordance with the contract payment schedule. Payment to the Supplier Payment will be made on a calendar-month basis in arrears. The CONTRACTOR shall submit invoice to CAW, Accounts Payable, P. O. Box 1789, Little Rock, AR 72203. All bids must include a W-9. Legality If any provisions of this Bid shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Bid Contents This bid consists of the Bid document, provisions, specifications, attachments and other terms and conditions as are attached or incorporated by reference in the schedule of this Bid. PLEASE NOTE THAT AN ELECTRONIC COPY OF ALL DOCUMENTS IS AVAILABLE FOR DOWNLOAD FROM CAW WEBSITE AT: http://www.carkw.com, Procurement/Bids, Purchasing, and then select from the Current Open Bids for Central Arkansas Water. Bid Pricing

http://www.carkw.com/


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Contract prices for services will remain firm through December 2019. The contract may be adjusted for increase beginning the third year renewal period based on the prior calendar year’s average CPI not to exceed three percent. Contractors must request price adjustments, in writing, thirty (30) days prior to the renewal date. If a contractor fails to request a CPI price adjustment thirty (30) days prior to the adjustment date, the adjustment will be effective thirty (30) days after Central Arkansas Water receives their written request. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for South Region Consumers, All Items, Arkansas Area. No retroactive price adjustments will be allowed. (see General Requirements Section, III. Pricing Schedule) Bid Evaluation The Purchasing Manager and CAW Department Heads will review all bids submitted and select the top bidder based on price, references and qualifications. Estimated Schedule September 22, 2017 Bid Mailing Date October 5, 2017 at 2:00 P.M. Bid Opening October 10, 2017 Review October 13, 2017 Award Bidder Inquiries For information concerning ITB process and additional information, contact: Elizabeth Tuck-Rowan, CPPO, CPPB, C.P.M., A.P.P, CPSD Purchasing Manager Central Arkansas Water 221 East Capitol Avenue, 3rd Floor Little Rock, AR 72202 (501) 377-1266 Voice (501) 377-1304 Fax [email protected]

mailto:[email protected]


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CONTRACT TERMS AND CONDITIONS The contract of the successful bidder will contain the following Contract Terms and Conditions. Bidders taking exception to these terms and conditions or intending to propose additional or alternative language must (a) identify with specificity CAW terms and conditions to which they take exception or seek to amend or replace; and (b) include any additional or different language with their proposal. Failure to both identify with specificity those terms and conditions bidder takes exception to or seeks to amend or replace as well as to provide bidder’s additional or alternate Contract terms may result in rejection of the bid. While CAW may accept additional or different language if so provided with the bid, the Terms and Conditions marked with an asterisk (*) are mandatory and non-negotiable. When Purchase Order is used to contract for goods and services there will be reference to ITB terms and conditions as stated in this document. Procedures The extent and character of the services to be performed by Contractor shall be subject to the general control and approval of the Purchasing Manager or his/her representative(s). Contractor shall not comply with requests and/or orders issued by other than the Purchasing Manager or his/her representative(s) acting within their authority for CAW. Any change to the Contract must be approved in writing by CAW’s Purchasing Manager and Contractor. Contract Period* The term of this Agreement shall be for one (1) year and may be renewed for three (3) optional one (1) year terms provided the extension is agreed by CAW and the CONTRACTOR. The initial term of the Agreement shall commence on January 1, 2018. Non-Discrimination Policy*

Central Arkansas Water shall not discriminate against or in the selection of vendors because of the race, color, creed, religion, sex, national origin, age, disability, veteran’s status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation, or any other status protected by law of the vendor’s owners or personnel. By submission of a response to the ITB, you agree that you shall not discriminate in your employment practices or your provision of goods or services to others on the basis of race, color, creed, religion, sex, national origin, age, disability, veteran’s status, marital status, sexual orientation, gender identity, genetic information, political opinions or affiliation. Compliance with Laws*

Contractor shall comply with, and all activities under this Contract shall be subject to, all applicable federal, state,

and local laws and regulations, as now existing and as may be amended or modified.

Business, Professional and Occupational License Requirement All firms or individuals located or doing business in Arkansas are required to be licensed in accordance with the required state, local and county agencies.


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Insurance

A. Contractor shall be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract.

B. Contractor and all subcontractors shall, during the continuance of all work under the Contract provide the following:

1. Workers’ Compensation and Employer’s Liability to protect Contractor from any liability or

damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the State of Arkansas.

2. Comprehensive General Liability insurance to protect Contractor, and the interest of CAW, its officers, commissioners, employees, and agents against any and all injuries to third parties, including bodily injury and personal injury wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. The General Liability insurance shall also include the Broad Form Property Damage endorsement, in addition to coverage for explosion, collapse, and underground hazards, where required.

3. Automobile Liability insurance, covering all owned, borrowed, leased, or rented vehicles operated by Contractor.

C. Contractor agrees to provide the above referenced policies with the following limits. Liability

insurance limits may be arranged by General Liability and Automobile policies for the full limits required, or by a combination of underlying policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy. 1. Workers’ Compensation:

Coverage A: Statutory Coverage B: $500,000/$500,000/$500,000

2. General Liability:

Per Occurrence: $1,000,000 Personal/Advertising Injury: $1,000,000 General Aggregate: $2,000,000 Products/Completed Operations: $2,000,000 Aggregate Fire Damage Legal Liability $100,000 GL Coverage, excluding Products and Completed Operations, should be on a Per Project Basis

3. Automobile Liability:


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Combined Single Limit: $1,000,000

D. The following provisions shall be agreed to by Contractor:

1. Contractor will provide an original signed Certificate of Insurance and such endorsements as prescribed herein. a. Contractor will provide on request certified copies of all insurance coverage

Certificates of Insurance related to the Contract within ten (10) business days of request by CAW. These certified copies will be sent to CAW from Contractor’s insurance agent or representative.

b. Any Certificate of Insurance provided shall indicate the Contract name and number.

2. No change, cancellation, or non-renewal shall be made in any insurance coverage without a forty-five (45) day written notice to CAW. Contractor shall furnish a new Certificate of Insurance prior to any change or cancellation date. The failure of Contractor to deliver a new and valid Certificate of Insurance will result in suspension of all payments until the new Certificate of Insurance is furnished.

3. Liability Insurance “Claims Made” basis: If the liability insurance purchased by Contractor

has been issued on a “claims made” basis, Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described previously in these provisions, remain the same. Contractor must also agree to provide certificates of insurance evidencing the above coverage for a period of two (2) years after final payment for Contractor for General Liability policies. This certificate shall evidence a “retroactive date” no later than the beginning endorsement by means of a certificate of insurance or a copy of the endorsement itself.

4. Contractor must disclose the amount of deductible/self-insured retention applicable to

the General Liability and Automobile Liability. CAW reserves the right to request additional information to determine if Contractor has the financial capacity to meet its obligations under a deductible/self-insured plan. If this provision is utilized, Contractor will be permitted to provide evidence of its ability to fund the deductible/self-insured retention.

5. Contractor agrees to provide insurance issued by companies within the State of Arkansas,

with the Best’s Key Rating of at least A:VII.

6. CAW, its officers and employees shall be endorsed to Contractor’s Automobile and General Liability policies as an “additional insured” with the provision that this coverage “is primary to all other coverage CAW may possess.” (Use “loss payee” where there is an insurable interest). A Certificate of Insurance evidencing the additional insured status must be presented to CAW along with a copy of the Endorsement.

7. Contractor will provide a waiver of subrogation endorsement in favor of CAW on their

Commercial Auto, General Liability and Workers’ Compensation Policies.


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8. Compliance by Contractor with the foregoing requirements as to carry insurance shall not relieve Contractor of their liabilities provisions of the Contract.

E. Precaution shall be exercised at all times for the protection of persons (including employees)

and property.

F. Contractor is to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to this Contract.

G. If an “ACORD” Insurance Certificate form is used by Contractor’s insurance agent, as it relates

to Cancellation “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.”; the agent shall state the cancellation provisions either on company letterhead or copy of that portion of the policy.

H. Contractor agrees to waive all rights of subrogation against CAW, its officers, employees, and

agents. Subcontractors Subcontractors cannot be used on this project. Safety All Contractors and subcontractors performing services for CAW are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site under this Contract. Termination for Convenience*

a. Termination. CAW may, when the interests of the utility so require, terminate this Contract, in whole or in part, for the convenience of CAW. CAW shall give written notice of the termination to Contractor specifying the part of the Contract terminated and when the termination becomes effective.

b. Contractor’s Obligations. Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination. Contractor will stop work to the extent specified. Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

Termination for Cause

a. Cause. In the event of Termination for Cause, the thirty (30) days advance notice is waived and Contractor: At any time 1) Contractor fails to conform to the requirements of the Contract; 2) Contractor seeks relief under any law for benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against Contractor which may interfere with the performance of the Contract or 4) Contractor has failed to supply an adequate working force or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the Contract, which


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default is not fully corrected or remedied to the reasonable satisfaction of CAW within ten (10) days following the date a written notice thereof by CAW, then CAW shall have the right and power, at its option and without prejudice to any other rights or remedies it may have, to immediately terminate the Contract. Any cost or expense incurred by CAW arising out of Contractor’s breach or default hereunder, and for CAW’s enforcement of these rights, shall be the obligation of Contractor and may, at CAW’ discretion, be deducted from any amounts that may then be owing to Contractor under the Contract, without any release or waiver of any other rights or remedies in law or equity to which CAW may be entitled.

b. Contractor’s Duties. Notwithstanding termination of the Contract and subject to any direction from CAW, Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Contractor in which CAW has an interest.

c. Compensation. Payment for completed services delivered and accepted by CAW shall be at the contract price.

d. Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law.

Modification* The Agreement shall not be modified, except by written amendment, executed by all parties. Oral change orders are not permitted. No change in the Agreement shall be made unless CAW gives prior written approval. Any specification change not properly ordered by written modification to the Agreement executed by CAW shall be void at the sole option of CAW and CONTRACTOR shall be liable for all costs or expenses arising there from and/or for satisfactorily correcting or replacing same. Attorneys’ fees and expenses* Subject to other terms and conditions of this Contract, in the event Contractor defaults in any obligations under this Contract, Contractor shall pay to CAW all costs and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred by CAW in enforcing this Contract or otherwise reasonably related thereto. Contractor agrees that under no circumstances shall CAW be obligated to pay any attorney’s fees or costs of legal action to Contractor. Authority to contract* Contractor warrants: (a) that it is a validly organized business with valid authority to enter into this Contract; (b) that it is qualified to do business and in good standing in the State of Arkansas; (c) that entry into and performance under this Contract is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind; and, (d) notwithstanding any other provision of this Contract to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this Contract.

Debarment and suspension*

Contractor certifies to the best of its knowledge and belief, that it:

is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any federal department or any political subdivision of the State of Arkansas;


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has not, within a three (3) year period preceding this proposal, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;

has not, within a three (3) year period preceding this proposal, been convicted of or had a civil judgment rendered against it for a violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of these offenses enumerated in paragraphs two (2) and three (3) of this certification; and,

has not, within a three (3) year period preceding this proposal, had one or more public transactions (federal, state, or local) terminated for cause or default.

Force majeure Each party shall be excused from performance for any period and to the extent that it is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond the reasonable control and without the fault or negligence of such party. Such acts shall include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (“force majeure events”). When such a cause arises, Contractor shall notify CAW immediately in writing of the cause of its inability to perform, how it affects its performance, and the anticipated duration of the inability to perform. Delays in delivery or in meeting completion dates due to force majeure events shall automatically extend such dates for a period equal to the duration of the delay caused by such events, unless CAW determines it to be in its best interest to terminate the Contract. Indemnification* To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate CAW, its commissioners, board members, officers, employees, agents, and representatives from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, arising out of or caused by Contractor and/or its officers, directors, principals, agents, and/or employees in the performance of or failure to perform this Contract. In CAW’s sole discretion, Contractor may be allowed to control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc., Contractor shall use legal counsel acceptable to CAW. Contractor shall be solely responsible for all costs and/or expenses associated with such defense, and CAW shall be entitled to participate in said defense. Contractor shall not settle any claim, suit, etc., without CAW’s concurrence, which CAW shall not unreasonably withhold. Independent Agency status Contractor shall, at all times, be regarded as and shall be legally considered an independent contractor and shall at no time act as an agent for CAW. Nothing contained herein shall be deemed or construed by CAW, Contractor, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar such relationship between CAW and Contractor. Neither the method of


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computation of fees or other charges, nor any other provision contained herein, nor any acts of CAW or Contractor hereunder creates, or shall be deemed to create a relationship other than the independent relationship CAW and Contractor. Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of CAW. Neither Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of CAW and CAW shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or employees. CAW shall not withhold from the contract payments to Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, CAW shall not provide to Contractor any insurance coverage or other benefits, including Worker’s Compensation, normally provided by CAW for its employees. No limitation of liability Nothing in this Contract shall be interpreted as excluding or limiting any tort liability of Contractor for harm caused by the intentional or reckless conduct of Contractor or for damages incurred through the negligent performance of duties by Contractor. Ownership of documents and work papers* CAW shall own all documents, files, reports, work papers and working documentation, electronic or otherwise, created in connection with the provision of services under this Contract, except for Contractor’s internal administrative and quality assurance files and internal correspondence. Severability If any part of this Contract is declared to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the Contract that can be given effect without the invalid or unenforceable provision, and to this end the provisions hereof are severable. In such event, the parties shall amend the Contract as necessary to reflect the original intent of the parties and to bring any invalid or unenforceable provisions in compliance with applicable law. Public Records* The ITB document and all bids submitted in response thereto are public records. You are cautioned to not put material into the bid that is proprietary in nature. All bids submitted become the property of CAW. Termination upon bankruptcy This Contract may be terminated in whole or in part by CAW upon written notice to Contractor, if Contractor should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by Contractor of an assignment for the benefit of its creditors. In the event of such termination, Contractor shall be entitled to recover just and equitable compensation for satisfactory work performed under this Contract prior to such date.

Third party action notification


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Contractor shall give the customer prompt notice in writing of any action or suit filed, and prompt notice of any claim made against Contractor by any person or entity that may result in litigation related in any way to this Contract. Waiver No delay or omission by either party to this Contract in exercising any right, power, or remedy hereunder or otherwise afforded by contract, at law, or in equity shall constitute an acquiescence therein, impair any other right, power or remedy hereunder or otherwise afforded by any means, or operate as a waiver of such right, power, or remedy. No waiver by either party to this Contract shall be valid unless set forth in writing by the party making said waiver. No waiver of or modification to any term or condition of this Contract will void, waive, or change any other term or condition. No waiver by one party to this Contract of a default by the other party will imply, be construed as or require waiver of future or other defaults.

Applicable Law*

This contract shall be governed by and construed in accordance with the laws of the State of Arkansas, excluding its conflicts of law’s provisions, and any litigation with respect thereto shall be brought in the courts of the State of Arkansas located in Pulaski County, Arkansas. Contractor hereby irrevocably consents to the personal jurisdiction of the Circuit Court of Pulaski County, Arkansas upon and over Contractor. Applicability of Freedom of Information Act*

Contractor acknowledges that CAW is subject to the requirements of the Arkansas Freedom of Information Act (the “FOIA”) and to the extent Contractor performs work for CAW, Contractor may also be subject to requirements of the FOIA. Therefore, each party shall assist and cooperate with the other (at their own expense) to enable the other party to comply with any applicable information disclosure obligations under the FOIA. Whenever a party receives a request for information under the FOIA in relation to the Contract or information which it is holding on behalf of the other party, it shall (and shall procure that its sub-contractors shall):

i. transfer the request for information to the other party as soon as practicable after receipt and in any event within one (1) working day of receiving the request for information;

ii. provide the other party with a copy of all information in its possession or power in the

form that the other party requires within two (2) working days (or such other period as the other party may specify) of the other party requesting that information; and

iii. provide all necessary assistance as reasonably requested by the other party to enable the

other party to respond to the request for information within the relevant time for compliance as set out in the FOIA.

Each party shall be responsible for determining at its absolute discretion whether:

i. the information is exempt from disclosure under the FOIA; or

ii. the information is to be disclosed in response to a request for information.


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Hold Harmless Clause The Contractor shall, indemnify, defend, and hold harmless CAW from loss from all suits, actions, or claims of any kind brought as a consequence of any negligent act of omission by the Contractor. The Contractor agrees that this clause shall include claims involving infringement of patent or copyright. For purposes of this paragraph, “CAW” and “Contractor” includes their employees, officials, agents, and representatives. “Contractor” also includes subcontractors and suppliers to the Contractor. The word “defend” means to provide legal counsel for CAW or to reimburse CAW for its attorneys’ fees and costs related to the claim. This section shall survive the Contract. CAW is prohibited from indemnifying Contractor and/or any other third parties.


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Generator Maintenance Agreement

General Requirements

ITB 17-24

NOTICE TO PROSPECTIVE BIDDERS

I. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

A. Professional Requirements 1. Bidders must be licensed and registered with the State of Arkansas. 2. Bidders must have a minimum of five (5) consecutive year’s prior experience with systems of

similar size and complexity. 3. Bidder shall have active program of back ground checks of its employees assigned to render

services to Central Arkansas Water. 4. Bidder shall have an active alcohol/drug testing program of its employees assigned to render

services to Central Arkansas Water. 5. Bidder shall take reasonable steps to prevent its employees from committing any acts of personal

misconduct criminal conduct and/or damage to Central Arkansas Water property, its employees and their personal property. Bidder shall not allow its employees to drink alcohol or be under the influence of any illegal drugs or alcohol while working on CAW property. Bidder shall not permit its employees to possess any firearm or other weapons while on CAW property. Bidder shall have its employees to treat all CAW personnel and property with due care and respect.

B. Trained & Certified Generator Technicians Bidder must have an established active training program. Technicians must have achieved advanced certification through the leading generator manufacturers, and through the Electrical Generatin Systems Association (EGSA), the recognized industry standard.

II. BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid.

III. PRICING SCHEDULE

Bidder to supply flat rate pricing schedule for additional services outside the scope of this agreement and for service calls to include consulting services. (See General Provisions - Bid Pricing, Page 4) Provide separate pricing document for out of scope pricing.


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IV. INVOICING FOR SERVICES

All services, except emergency services, will be paid after all services, reports and documentation has been received by Central Arkansas Water maintenance department. (See General Provisions – Payment to Supplier, Page 4)

V. SCHEDULING

Arrangements will be made with the maintenance staff for preventive maintenance scheduling. Contact person: Maintenance Supervisor: David London at 501-258-6282.

VI. GENERATOR EQUIPMENT COVERED

(See Exhibit B list for generator model, serial number and important data)


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EXHIBIT A

Scope of Services The following are details of the planned maintenance agreement and tasks to be performed. (Note: Maintenance agreement includes oil, oil filters, water filters, fuel filters and load banking. Batteries, coolant and air filters are not included in this agreement.) A two hour full load bank of each generator is to be performed after all other PM has been completed. Any items found to be defective is to be replaced with prior authorization by maintenance supervisor. A detailed report of each generator load bank results, condition of each generator and recommendations are to be submitted to maintenance supervisor. All oil, filters, belts, hoses and any other items replaced are to be removed from job site at bidders’ expense. Work to be performed once a year as owner schedules.

I. General visual inspection of the generator set. A. Cooling system inspection.

1. Check all belts; adjust or replace as necessary. 2. Check all hoses; tighten lose hose clamps. 3. Check all block heater hoses 4. Check block heater for proper operation. 5. Test antifreeze for proper concentration, pH and DCA level. 6. Change coolant filter if applicable.

B. Lube oil system inspection. 1. Check engine seals for leaks. 2. Check crankcase breather (where applicable) annotate condition and any excessive blow by. 3. Change engine oil and filter.

C. Inspect engine air filter. Recommend replacement when necessary. D. Engine fuel system inspection.

1. Fuel lines & connectors; Visually inspect for deterioration and leakage. 2. Replace fuel filters. 3. Priming pump; Verify proper operation, inspect for seal deterioration. 4. Check flexible fuel lines and connections for deterioration.

E. Engine electrical – starting system inspection. 1. Starting motor; visually inspect, test for proper operation during startup. 2. Battery; check charger for proper operation, output.

F. Engine air induction & exhaust system 1. Check exhaust system for blow by, deterioration, cracks and rain cap. Annotate anomalies

in exhaust smoke. 2. Intake; inspect condition intake piping and gaskets. 3. Air filter; inspect; recommend replacement when necessary. 4. Turbocharger; check turbocharger for leaks, physical condition. Annotate auditory

indications of wear. G. Generator

1. Windings; visually inspect windings. 2. Leads/Connections; visually inspect for loose connections. 3. Mounts; visually inspect for wear and / or damage. 4. Lubricate any bearings if applicable.


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H. Test run generator checking instrumentation. 1. Oil pressure; Check for proper operation, record oil pressure. 2. Water temperature; Check for proper operation, record water temperature 3. Ammeter; Check for proper operation, record current readings. 4. Volt Meter; Check for proper operation; record voltage readings. 5. Frequency Meter; Record loaded and unloaded Hertz readings. 6. Check engine governor for proper operation. 7. Test all engine safety shutdowns.

I. Automatic Transfer switch (Where applicable) 1. Wiring and Contacts; visually inspect. 2. Contactor operation; If allowed, perform simulated power failure to test operation. 3. Timers & Controls; Observe all time delays for proper operation during simulated test. 4. Return system to automatic mode.


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EXHIBIT B General List 2017

Page 19

EXHIBIT B

GENERATOR DOCUMENTATION

# GENERATOR LOCATION MODEL SER #

Capacity Kilowatts

FILTER PART # QTY MANUFACTURE

1 Generator-Ozark Ozark Treatment Plant, Southeast of Treatment Bldg. 100DGDB I970648771 100kW P828889 1 Cummins

2 Generator-Ozark Ozark Treatment Plant, Northwest of Sodium Hypo Bldg.

DSGAB-5368157 M10F258758 125kW 1 Cummins

3 Pad Mounted Generator -1 Wilson Treatment Plant, West of Switchgear Bldg. 1600REOZM 2083688 1600kW 272981 1 Kohler

4 Pad Mounted Generator -2 Wilson Treatment Plant, West of Switchgear Bldg. 1600REOZM 2085015 1600kW 272981 1 Kohler

5 Portable Generator -1 Wilson Treatment Plant, West of Sodium Hypo Bldg. DFEG-5412087 H100150758 350kW 1 Cummins

6 Portable Gernerator 2 Wilson Treatment Plant, kept by Oil Bldg. 300DFCB A92044806 300kW 546830 1 Cummins

7 Generator-Wilson Wilson Maintenance Building GGHG-5777111 J060977270 400kW 1 Cummins

8 Portable Generator -3 Clearwater Facility, kept in Cage Area 1500FSA F930510344 150kW CD1117610-826 1 Cummins

9 Pad Mounted Station 8B Walton Heights Pump Station D60P1S E7442H/001 60kW 2982 / 562-5565 1 Olympian

10 Pad Mounted Station 16D East of Pump Station 80RE0ZJF SGM32JVK3 80kW 1 Kohler

11 Pad Mounted Station 17 13625 Saddle Hill Road, LR NW of Pump Station/Tank 16 100REOZJB 2098700 100kW 253108 1 Kohler

12 Pad Mounted Station 19A East of Pump Station DSFAE-1605723 C160930397 80kW 1 Cummins

13 Station 22 Generator Room CC634B L88216812 800kW 6726 / 11299J1 1 Cummins

14 Station 23 Generator Room 680FDC304IAC DA-920Y/-

12/27-4 400kW 542012 03500J1 1 Cummins

15 Pad Mounted Station 24 North side of Pump Station 100REOEJD 2156646 100kW 253108 1 Kohler


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16 Pad Mounted Station 26A MAC, Southwest Corner of old Ops Bldg. 100REOZJB 2098699 100kW 253108 1 Kohler

17 Pad Mounted Station 28 West of Pump Station 135ROZJ 725408 100kW 253108 1 Kohler

18 Pad Mounted Station 30 North side of Pump Station DSHAC D070047379 200kW 1 Cummins

19 Pad Mounted Station 31 North side of Pump Station 150RE0ZJB 2052105886 150kW 1 Kohler

20 Generator -Well 17 Maumelle Well field 572RSL4027 WA-527725-

0701 400kW 1 Detroit Diesel

21 Pad Mounted Generator Maumelle Treatment Plant 572RSL4025 WA-527595-

0501 400kW 1 Detroit Diesel

22 Pad Mounted Generator Maumelle Treatment Plant 600RE0ZV 2279505 600kW 1 Kohler


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Attachment One Pricing Sheet

Attachment One

Pricing Document

Generator Maintenance

# QTY GENERATOR MODEL # SERIAL # Capacity Kilowatts MANUFACTURE UNIT PRICE TOTAL PRICE

1 1 Generator-Ozark 100DGDB I970648771 100kW Cummins

2 1 Generator-Ozark DSGAB-5368157 M10F258758 125kW Cummins

3 1

Pad Mounted Generator -1 1600REOZM 2083688 1600kW Kohler

4 1

Pad Mounted Generator -2 1600REOZM 2085015 1600kW Kohler

5 1 Portable Generator -1 DFEG-5412087 H100150758 350kW Cummins

6 1 Portable Generator 2 300DFCB A92044806 300kW Cummins

7 1 Generator-Wilson GGHG-5777111 J060977270 400kW Cummins

8 1 Portable Generator -3 1500FSA F930510344 150kW Cummins

9 1 Pad Mounted Station 8B D60P1S E7442H/001 60kW Olympian

10 1 Pad Mounted Station 16D 80RE0ZJF SGM32JVK3 80kW Kohler

11 1 Pad Mounted Station 17 100REOZJB 2098700 100kW Kohler

12 1 Pad Mounted Station 19A DSFAE-1605723 C160930397 80kW Cummins

13 1 Station 22 CC634B L88216812 800kW Cummins

14 1 Station 23 680FDC304IAC DA-920Y/-

12/27-4 400kW Cummins

15 1 Pad Mounted Station 24 100REOEJD 2156646 100kW Kohler


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16 1 Pad Mounted Station 26A 100REOZJB 2098699 100kW Kohler

17 1 Pad Mounted Station 28 135ROZJ 725408 100kW Kohler

18 1 Pad Mounted Station 30 DSHAC D070047379 200kW Cummins

19 1 Pad Mounted Station 31 150RE0ZJB 2052105886 150kW Kohler

20 1 Generator -Well 17 572RSL4027 WA-527725-

0701 400kW Detroit Diesel

21 1 Pad Mounted Generator 572RSL4025 WA-527595-

0501 400kW Detroit Diesel

22 1 Pad Mounted Generator 600RE0ZV 2279505 600kW Kohler

Optional

We would like pricing for Items: 3 & 4, without load testing.


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Attachment Two

References

(One) Company Name: __________________________Contact Name: _____________

Address: ________________________________________________________________

Telephone Number: __________________________ ALT #: _______________________

(Two) Company Name: __________________________ Contact Name: _____________

Address: ________________________________________________________________

Telephone Number: ___________________________ ALT #: ______________________

(Three) Company Name: _________________________ Contact Name: ____________

Address: ________________________________________________________________

Telephone Number: ___________________________ ALT #: _____________________

INVITATION TO BID ITB # 17-24 GENERATOR MAINTENANCE …Generator Maintenance Central Arkansas Water ITB # 17-24 2 Generator Maintenance Agreement ITB 17-24 Sealed Bids signed and marked

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