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ST. TAMMANY PARISH MICHAEL B. COOPER PARISH PRESIDENT PROCUREMENT DEPARTMENT P.O. BOX 628 | COVINGTON, LOUISIANA | 70434 | PROCUREMENT@STPGOV.ORG 985-898-2520 WWW.STPGOV.ORG NOTICE OF REQUEST FOR PROPOSALS ST. TAMMANY PARISH St. Tammany Parish Government is seeking responses for the following project: RFP# 24-8-3 – Parishwide Generator Maintenance Services This RFP is available online at: LaPAC – Louisiana Procurement and Contract Network:https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a proposer’s failure to download any addenda documents required to complete an RFP. Each generator under this maintenance contract

is listed in the RFP Package. If you wish to view a specific generator/location, please reach out to the department to schedule an appointment. Department of Utilities – Sidney Rodrigue 985-893-1717 Department of Public Work – Beverly Mathies 985-898-2557 Department of Facilities – Jim Ford or Jim DeWitt 985-898-2792 Responses will be received by the Department of Procurement, until 2:00pm CST Tuesday, May 7, 2024. RFP responses will be opened publicly at the physical location as stated in Section 1.4 of the RFP documents and only respondents who have submitted an RFP response shall be identified aloud. Prices shall not be read. Each response will be evaluated by designated Parish personnel after the submission deadline and public opening has passed. Each Proposal must be sealed. The outside of the envelope, box or package should be marked with the Proposer’s Name and Address, the Proposal Name, the RFP #, and the Proposal Opening Date. The successful Respondent must supply St. Tammany Parish Government with all required documentation as specified in the RFP documents. Said Respondent must also be in Good Standing and licensed to do business in the State of Louisiana. Proposals will be received at the St. Tammany Parish Government Department of Procurement Office, 21454 Koop Dr., Suite 2F, Mandeville LA., 70471 from each Respondent or his agent, or by certified mail with return receipt requested. Procurement Department https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 Version 2024 Q1 REQUEST FOR PROPOSAL ST. TAMMANY PARISH GOVERNMENT PARISHWIDE GENERATOR MAINTENANCE SERVICES RFP Number: 24-8-3 Proposal Opening Date: May 7, 2024 Proposal Opening Time: 2:00 PM March 22, 2024 Version 2024 Q1 TABLE OF CONTENTS PART I: OVERVIEW.................................................................................................................... 1 1.1 Background/Purpose ........................................................................................................ 1 1.2 Definitions ....................................................................................................................... 1 1.3 Schedule of Events ........................................................................................................... 2 1.4 Proposal Submittal ........................................................................................................... 2 1.5 Proposal Response Format ............................................................................................... 3 PART II: SCOPE OF WORK/SERVICES .................................................................................... 5 2.1 Scope of Work/Services ................................................................................................... 5 2.2 Period of Agreement ........................................................................................................ 5 2.3 Price Schedule .................................................................................................................. 6 2.4 Deliverables ..................................................................................................................... 6 2.5 Location ........................................................................................................................... 6 PART III: EVALUATION ............................................................................................................ 6 PART IV: PERFORMANCE STANDARDS ............................................................................... 7 4.1 Performance Requirements .............................................................................................. 7 4.2 Performance Measurement/Evaluation ............................................................................ 7 PART V: GENERAL PROVISIONS ............................................................................................ 7 5.1 Legibility/Clarity ............................................................................................................. 7 5.2 Confidential Information, Trade Secrets, and Proprietary Information ........................... 7 5.3 Proposal Clarifications Prior to Submittal ....................................................................... 8 5.3.1 Pre-proposal Conference ........................................................................................... 9 5.3.2 Proposer Inquiry Periods........................................................................................... 9 5.3.3 Blackout Period........................................................................................................10 5.4 Errors and Omissions in Proposal .................................................................................. 10 5.5 Performance Bond ......................................................................................................... 10 5.6 Changes, Addenda, Withdrawals ................................................................................... 10 5.7 Withdrawal of Proposal ................................................................................................. 11 5.8 Material in the RFP ........................................................................................................ 11 5.9 Waiver of Administrative Informalities ......................................................................... 11 5.10 Proposal Rejection ......................................................................................................... 11 5.11 Ownership of Proposal ................................................................................................... 11 5.12 Cost of Offer Preparation ............................................................................................... 12 5.13 Non-negotiable Contract Terms ..................................................................................... 12 5.14 Taxes .............................................................................................................................. 12 5.15 Proposal Validity ........................................................................................................... 12 5.16 Prime Contractor Responsibilities ................................................................................. 12 5.17 Use of Subcontractors .................................................................................................... 12 5.18 Written or Oral Discussions/Presentations .................................................................... 13 5.19 Acceptance of Proposal Content .................................................................................... 13 5.20 Evaluation and Selection ............................................................................................... 13 5.21 Contract Negotiations .................................................................................................... 14 5.22 Contract Award and Execution ...................................................................................... 14 5.23 Acknowledgment and Waiver of Protest Rights ............................................................ 14 Version 2024 Q1 5.24 Notice of Intent to Award .............................................................................................. 15 5.25 Insurance Requirements ................................................................................................. 15 5.26 Subcontractor Insurance ................................................................................................ 15 5.27 Indemnification and Limitation of Liability .................................................................. 15 5.27.1 Duty to Defend ...................................................................................................... 15 5.27.2 Contractor Liability ............................................................................................... 15 5.27.3 Force Majeure ................................................................................................................. 16 5.27.4 Indemnification ..................................................................................................... 16 5.27.5 Intellectual Property Indemnification ........................................................................... 16 5.28 Fidelity Bond Requirements .......................................................................................... 17 5.29 Payment ......................................................................................................................... 17 5.29.1 Payment for Services .............................................................................................. 17 5.30 Termination .................................................................................................................... 17 5.30.1 Termination of the Contract for Cause ................................................................... 17 5.30.2 Termination of the Contract for Convenience ........................................................ 17 5.30.3 Termination for Non-Appropriation of Funds ........................................................ 17 5.30.4 Default of Contractor...............................................................................................18 5.31 Assignment .................................................................................................................... 18 5.32 No Guarantee of Quantities ........................................................................................... 18 5.33 Audit of Records ............................................................................................................ 18 5.34 Civil Rights Compliance ................................................................................................ 18 5.35 Record Retention ........................................................................................................... 19 5.36 Record Ownership ......................................................................................................... 19 5.37 Content of Contract/ Order of Precedence ..................................................................... 19 5.38 Contract Changes ........................................................................................................... 19 5.39 Substitution of Personnel ............................................................................................... 20 5.40 Governing Law .............................................................................................................. 20 5.41 Anti-Kickback Clause .................................................................................................... 20 5.42 Clean Air Act ................................................................................................................. 20 5.43 Energy Policy and Conservation Act ............................................................................. 20 5.44 Clean Water Act ............................................................................................................. 20 5.45 Anti-Lobbying and Debarment Act ............................................................................... 20 Attachment “A” – Pricing Sheet, Appendix A,B & C Attachment “B” – Sample Contract Attachment “C” – Acknowledgment and Waiver Attachment “D” – Insurance Requirements Attachment “E” – Affidavits Attachment “F-1” – Sample Scoring Matrix Attachment “F-2” – Vendor Scoring Matrix Attachment “G” – Sample Corporate Resolution Attachment “H” –Sample Certificate of Insurance 1 REQUEST FOR PROPOSAL FOR PARISHWIDE GENERATOR MAINTENANCE SERVICES PART I: OVERVIEW 1.1 Background/Purpose The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified Proposers who are interested in providing a Generator Preventative Maintenance including all labor, materials and equipment necessary for various maintenance locations in St. Tammany Parish. Submittal of a proposal does not create any right or expectation to a contract with the Parish. 1.2 Definitions A. Shall – The term “shall” denotes mandatory requirements. B. Must - The term “must” denotes mandatory requirements. C. May - The term “may” denotes an advisory or permissible action. D. Should – The term “should” denotes a desirable action. E. Contractor – A Proposer who contracts with the Parish. F. Parish - St. Tammany Parish Government. G. Discussions- For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. H. RFP – Request for Proposal. I. Proposer – Person or entity responding to this RFP. J. Agreement – A contract between the Contractor and the Parish. K. Evaluation Committee – Committee established for the purposes of evaluating proposals submitted in response to this RFP. 2 1.3 Schedule of Events Date Time (CT) 1. RFP Available 4/3/2024 2:00PM 2. Pre-Proposal Conference N/A 3. Deadline to receive written inquiries 4/26/2024 2:00PM 4. Deadline to answer written inquiries 5/2/2024 2:00PM 5. Proposal Opening Date 5/7/2024 2:00PM (deadline for submitting proposals) 6. Oral discussions with proposers, if applicable To be scheduled 7. Notice of Intent to Award to be mailed To be scheduled 8. Contract Initiation To be scheduled NOTE: The Parish reserves the right to revise this schedule. Any such revision will be formalized by the issuance of an addendum to the RFP. 1.4 Proposal Submittal This RFP is available online at: LaPAC – Louisiana Procurement and Contract Network:https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 NOTE: LaPAC is the State’s online electronic solicitation notification system on the Office of State Procurement website. LaPAC provides an immediate e-mail notification to subscribing vendors of a STPGOV solicitation and any addenda posted. To receive the e-mail notification, vendors must register in the LaGov portal. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a proposer’s failure to download any addenda documents required to complete an RFP. All proposals shall be received by the Procurement Department no later than the date and time shown in the Schedule of Events. https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg 3 Important - - Clearly mark outside of the sealed envelope, box or package with the following information and format: Χ Name and Address of Proposer Χ Proposal Name: Parishwide Generator Maintenance Services Χ RFP #: 24-8-3 Χ Proposal Opening Date: Tuesday, May 7, 2024 Proposals may only be sent via certified mail, hand-delivery or courier service to our physical location at: St. Tammany Parish Government Procurement Department 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 Proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. The Parish is not responsible for any delays caused by the proposer’s chosen means of proposal delivery. Proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in rejection of the proposal. PROPOSALS SHALL BE OPENED PUBLICLY AT THE PHYSICAL LOCATION IDENTIFIED ABOVE AND ONLY PROPOSERS SUBMITTING PROPOSALS SHALL BE IDENTIFIED ALOUD. PRICES SHALL NOT BE READ. If the Proposer has not done business with the Parish, the Proposer should submit a W-9 with their response. 1.5 Proposal Response Format Proposals submitted for consideration should follow the format and order of presentation described below: A. Cover Letter: The cover letter should exhibit the Proposer’s understanding and approach to the project. It should contain a summary of Proposer’s ability to perform the services described in the RFP and confirm that Proposer is willing to perform those services and enter into a contract with the Parish. ATTENTION: Please indicate in the Cover Letter which of the following applies to the signer of this proposal. Evidence of signature authority shall be provided upon the Parish’s request. 1. The signer of the proposal is either a corporate officer who is listed on the most current annual report on file with the secretary of state or a member of a partnership or partnership in commendam as reflected in the most current partnership records on file with the secretary of state. A copy of the annual report or partnership record must be submitted to the Parish before contract award. 4 2. The signer of the proposal is a representative of the Proposer authorized to submit this proposal as evidenced by documents such as, corporate resolution, certification as to corporate principal, etc. If this applies, a copy of the resolution, certification or other supportive documents must be submitted to the Parish before contract award. The cover letter should also: 1. Identify the submitting Proposer and provide its federal tax identification number; 2. Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to contractually obligate the Proposer; and 3. Identify the name, address, telephone number, fax number, and email address of the contact person for technical and contractual clarifications throughout the evaluation period. B. Table of Contents: Organized in the order cited in the format contained herein. C. Proposer Qualifications and Experience: History and background of Proposer, related services provided to government entities, existing customer satisfaction, volume of merchants, etc. Proposer should specifically provide a description of all relevant consulting assignments similar to the Project requested herein which have been completed by the Proposer within the last three (3) years (“Recent Projects”). The description of any such Recent Projects should include the following: 1. Name of the client; 2. Year of the assignment and length of time to complete the project; 3. Nature of the services rendered; and 4. Professionals assigned to the project who are also proposed to serve on this assignment. D. Proposed Solution/Technical Response: Illustrating and describing proposed technical solution and compliance with the RFP requirements as described in Attachment A, B, & C . E. Innovative Concepts: Presentation of innovative concepts, if any, for consideration. F. Project Schedule: Detailed schedule of implementation plan. This schedule is to include implementation actions, timelines, responsible parties, etc. G. Financial Proposal: Proposer’s fees and other costs, if any, shall be submitted on Attachment “A”. Prices proposed shall be firm for the duration of the contract. This financial proposal shall include any and all costs the Proposer wishes to have considered in the contractual arrangement with the Parish. 5 H. References: Proposer should provide names, addresses, telephone numbers and contact persons for five (5) other public jurisdictions for which comparable services have recently been rendered, including a description of the services provided. I. Customer Service: Each Proposer should submit a provision for customer service, including personnel assigned, toll-free number, and account inquiry, etc. J. Resumes: Each Proposer should submit resumes for account manager, designated customer service representative(s) and any other key personnel to be assigned to this Project, including those of subcontractors, if any. K. Additional Information: Each Proposer should submit any other information deemed pertinent by the Proposer including terms and conditions which the Proposer wishes the Parish to consider. L. Acknowledgment and Waiver: Proposer shall execute and have notarized an Acknowledgment and Waiver (Attachment “C” hereto). M. Multiple Copies of Response: Each Proposer shall submit one (1) signed original response. Four (4) additional copies of the proposal should be provided and one (1) electronic copy via USB or CD. PART II: SCOPE OF WORK/SERVICES 2.1 Scope of Work/Services Provider will provide generator maintenance services for various facilities located in within St. Tammany Parish. The successful proposer shall provide all labor, materials and equipment necessary to perform the work required. The Provider will perform work as deemed necessary for each location as indicated on Appendix A, B & C St. Tammany Parish reserves the right to add, remove, or otherwise modify the above, as determined necessary by the Parish and as allowed by law. 2.2 Period of Agreement The term of the contract will be from the date of the notice to proceeed issued by the managing department through December 31, 2024, with the option of two (2) additional one (1) one year renewals, if the Parish and the Provider agree. A notice of intent to renew would be issued in writing by the Pairsh. The term of any contract resulting from this solicitation shall begin on the date of the Parish President’s signature or approval in writing by the Parish President or designee. The contract shall terminate pursuant to the terms and conditions of section 5.31 herein, the terms and 6 conditions of the contract, operation of law, as agreed between the parties, or upon satisfactory completion of all services and obligations described in the contract. 2.3 Price Schedule Prices proposed by the Proposers shall be firm for the term of the contract. 2.4 Deliverables The deliverables listed in this section are the minimum desired from the successful Proposer. Every Proposer should describe what deliverables will be provided per their proposal and how the proposed deliverables will be provided. 2.5 Location See Appendix A, B & C for list of locations PART III: EVALUATION The Proposer must clearly designate that they meet each category of the scoring criteria stated below. The Proposer must briefly describe how their company satisfies the requirement and where in their response supports that requirement. Failure to comply with this requirement may negatively affect the overall score. Please refer to Attachment F. The evaluation committee shall assign points to its evaluation of each Proposal as follows: Evaluation Criteria Possible Points Compliance with the RFP 15 Understanding of the Project 10 Approach to the Project 15 Ability to perform within the stated timeframe 20 Qualifications of the Proposer, including, but not limited to, its experience and personnel assigned to the Project 20 Overall costs and fees to be charged 10 Certified Veterans Initiative small entrepreneurship or certified Hudson Initiative small enterpreneurship 10 Total 100 7 The proposal will be evaluated in light of the material and the substantiating evidence presented to the Parish, not on the basis of what may be inferred. The scores will be combined to determine the overall score. The Proposer with the highest overall score will be recommended for award. PART IV: PERFORMANCE STANDARDS 4.1 Performance Requirements Omitted as not applicable to this RFP. 4.2 Performance Measurement/Evaluation Omitted as not applicable to this RFP. PART V: GENERAL PROVISIONS 5.1 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals shall be prepared providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP. Each Proposer is solely responsible for the accuracy and completeness of its proposal. 5.2 Confidential Information, Trade Secrets, and Proprietary Information The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of the proposal. The cost proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. For the purposes of this procurement, the provisions of the Louisiana Public Records Act (LSA- R.S. 44.1, et. seq.) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the Proposer at the time of submission of its Technical Proposal. Proposers should refer to the Louisiana Public Records Act for further clarification. The Proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following 8 legend, specifying the specific section(s) of his proposal sought to be restricted in accordance with the conditions of the legend: “The data contained in pages _____of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, the Parish of St. Tammany shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the Parish of St. Tammany’s right to use or disclose data obtained from any source, including the Proposer, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. Proposers must be prepared to defend the reasons why the material should be held confidential. If a competing proposer or other person seeks review or copies of another proposer's confidential data, the Parish will notify the owner of the asserted data of the request. If the owner of the asserted data does not want the information disclosed, it must agree to indemnify the Parish and hold the Parish harmless against all actions or court proceedings that may ensue (including attorney's fees), which seek to order the Parish to disclose the information. If the owner of the asserted data refuses to indemnify and hold the state harmless, the Parish may disclose the information. The Parish reserves the right to make any proposal, including proprietary information contained therein, available to Parish personnel, the Parish Council, or other Parish and state agencies or organizations for the sole purpose of assisting the Parish in its evaluation of the proposal. The Parish shall require said individuals to protect the confidentiality of any specifically identified proprietary information or privileged business information obtained as a result of their participation in these evaluations. If your proposal contains confidential information, you should also submit a redacted copy along with your proposal. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of notification from the Procurement Department. When submitting your redacted copy, you should clearly mark the cover as such - “REDACTED COPY” - to avoid having this copy reviewed by an evaluation committee member. The redacted copy should also state which sections or information have been removed. 5.3 Proposal Clarifications Prior to Submittal 5.3.1 Pre-proposal Conference Each generator under this maintenance contract is listed in the RFP Package. If you wish to view a specific generator/location, please reach out to the department to schedule an appointment. Department Utilities – Sidney Rodrigue 985-893-1717 Public Work – Beverly Mathies 985-898-2557 Facilities – Jim Ford or Jim DeWitt 985-898-2792 9 5.3.2 Proposer Inquiry Periods The Parish shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and Parish operations. The Parish reasonably expects and requires responsible and interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner. An inquiry period is hereby firmly set for all interested Proposers to perform a detailed review of the proposal documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the Proposer, clearly cross-referenced to the relevant solicitation section (even if an answer has already been given to an oral question during a Pre-proposal Conference). All inquiries must be received by the close of business on the Inquiry Deadline date set forth in Section 1.3 Schedule of Events of this RFP. Only those inquiries received by the established deadline shall be considered by the Parish. Inquiries received after the established deadline shall not be entertained. Inquiries concerning this solicitation may be delivered by e-mail or hand-delivery to: St. Tammany Parish Government Procurement Department Attn: Director of Procurement 21454 Koop Drive, Suite 2F Mandeville, Louisiana 70471 E-Mail: procurement@stpgov.org An addendum will be issued and posted on LaPAC (Louisiana Procurement and Contract Network)https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=1 85 to address all inquiries received and any other changes or clarifications to the solicitation. Thereafter, all proposal documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any Proposer as a result of any oral discussions with any Parish employee or Parish consultant. It is the Proposer’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Parish is not responsible for a Proposer’s failure to download any addenda documents required to complete an RFP. 5.3.3 Blackout Period The Blackout Period is a specified period of time during a competitive sealed procurement process in which any Proposer, Bidder, or its Agent or Representative is prohibited from communicating with any Parish employee or Contractor of the Parish involved in any step in the procurement process about the affected procurement. The Blackout Period applies not only to Parish employees, but also to any Contractor of the Parish. “Involvement” in the procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Section 5.3.2 of this RFP. All communications to and from potential Proposers, Bidders, vendors and/or its representatives during the Blackout Period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The Blackout Period will begin upon posting mailto:procurement@stpgov.org https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 https://wwwcfprd.doa.louisiana.gov/osp/lapac/dspBid.cfm?search=department&term=185 10 of the solicitation. The Blackout Period will end when the Contract is awarded. In those instances in which a prospective Proposer is also an incumbent Contractor, the Parish and the incumbent Contractor may contact each other with respect to the existing contract only. Under no circumstances may the Parish and the incumbent Contractor and/or its representative(s) discuss the blacked-out procurement. Any Bidder, Proposer, or Parish Contractor who violates the Blackout Period may be liable to the Parish in damages and/or subject to any other remedy allowed by law. Further, failure to comply with these requirements may result in the Proposal’s disqualification. Any costs associated with cancellation or termination will be the responsibility of the Proposer or Bidder. Notwithstanding the foregoing, the Blackout Period shall not apply to: 1. Duly noticed site visits and/or conferences for Bidders or Proposers; 2. Oral presentations during the evaluation process; or 3. Communications regarding a particular solicitation between any person and staff of the procuring agency provided the communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or submission of proposals and the proper means of communicating regarding the procurement, but shall not include any substantive matter related to the particular procurement or requirements of the RFP. 5.4 Errors and Omissions in Proposal The Parish will not be liable for any error in the proposal. Proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: the Parish reserves the right to make corrections or clarifications due to patent errors identified in proposals by the Parish or the Proposer. The Parish, at its option, has the right to request clarification or additional information from the Proposer. 5.5 Performance Bond Omitted as not applicable to this RFP 5.6 Changes, Addenda, Withdrawals The Parish reserves the right to change the Schedule of Events or issue Addenda to the RFP at any time. The Parish also reserves the right to cancel or reissue the RFP. If the Proposer needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Proposer, cross-referenced clearly to the relevant proposal section, prior to the proposal opening, and should be submitted in a sealed envelope. Such shall meet all requirements for the proposal. 11 5.7 Withdrawal of Proposal A Proposer may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by the authorized representative of the Proposer must be submitted to the Procurement Department. 5.8 Material in the RFP Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by the Parish pursuant to the RFP. 5.9 Waiver of Administrative Informalities The Parish reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal. 5.10 Proposal Rejection Issuance of this RFP in no way constitutes a commitment by the Parish to award a contract. The Parish reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of the Parish to do so. 5.11 Ownership of Proposal All materials (paper content only) submitted in response to this request become the property of the Parish. Selection or rejection of a response does not affect this right. All proposals submitted will be retained by the Parish and not returned to Proposers. Any copyrighted materials in the response are not transferred to the Parish. 5.12 Cost of Offer Preparation The Parish is not liable for any costs incurred by prospective Proposers or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the Parish. 12 5.13 Non-negotiable Contract Terms Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds. 5.14 Taxes Any taxes, other than state and local sales and use taxes from which the Parish is exempt, shall be assumed to be included within the Proposer’s cost. 5.15 Proposal Validity All proposals shall be considered valid for acceptance until such time an award is made, unless the Proposer provides for a different time period within its proposal response. However, the Parish reserves the right to reject a proposal if the Proposer’s acceptance period is unacceptable and the Proposer is unwilling to extend the validity of its proposal. 5.16 Prime Contractor Responsibilities The selected Proposer shall be required to assume responsibility for all items and services offered in his proposal whether or not he produces or provides them. The Parish shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 5.17 Use of Subcontractors Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That prime contractor shall be responsible for all deliverables referenced in this RFP. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements. Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime contractor acknowledges total responsibility for the entire contract. If it becomes necessary for the prime contractor to use subcontractors, the Parish urges the prime contractor to use Louisiana vendors, including small and emerging businesses, a small entrepreneurship or a veteran or service-connected disabled veteran-owned small entrepreneurship, if practical. In all events, any subcontractor used by the prime should be identified to the Parish. Information required of the prime contractor under the terms of this RFP, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the contract. The prime contractor shall assume total responsibility for compliance. 13 5.18 Written or Oral Discussions/Presentations Written or oral discussions may be conducted with Proposers who submit proposals determined to be reasonably susceptible of being selected for award; however, the Parish reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received. Any such written or oral discussion shall be initiated by the Parish. Any commitments or representations made during these discussions, if conducted, may become formally recorded in the final contract. Written or oral discussions/presentations for clarification may be conducted to enhance the Parish's understanding of any or all of the proposals submitted. Any such written or oral discussions/presentations shall be initiated by the Parish. Proposals may be accepted without such discussions. 5.19 Acceptance of Proposal Content The mandatory RFP requirements shall become contractual obligations if a contract ensues. Failure of the successful Proposer to accept these obligations shall result in the rejection of the proposal 5.20 Evaluation and Selection All responses received as a result of this RFP are subject to evaluation by the Evaluation Committee for the purpose of selecting the Proposer with whom the Parish shall contract. To evaluate all proposals, a committee whose members have expertise in various areas has been selected. This committee will determine which proposals are reasonably susceptible of being selected for award. If required, written or oral discussions may be conducted with any or all of the Proposers to make this determination. Any such written or oral discussions shall be initiated by the Evaluation Committee. Results of the evaluations will be provided by the Evaluation Committee to the Procurement Director. Written recommendation for award shall be made for the Proposer whose proposal, conforming to the RFP, will be the most advantageous to the Parish, price and other factors considered. The committee may reject any or all proposals if none is considered in the best interest of the Parish. 5.21 Contract Negotiations If for any reason the Proposer whose proposal is most responsive to the Parish's needs, price and other evaluation factors set forth in the RFP considered, does not agree to a contract, that proposal shall be rejected and the Parish may negotiate with the next most responsive Proposer. Negotiation may include revision of non-mandatory terms, conditions, and requirements. The 14 Procurement Department must approve the final contract form and issue a purchase order, if applicable, to complete the process. 5.22 Contract Award and Execution The Parish reserves the right to enter into a contract without further discussion of the proposal submitted based on the initial offers received. The RFP, including any addenda, and the proposal of the selected Contractor will become part of any contract initiated by the Parish. Proposers are discouraged from submitting their own standard terms and conditions with their proposals. Proposers should address the specific language in the sample contract in Attachment “B” of this RFP and submit any exceptions or deviations the Proposer wishes to negotiate. The proposed terms will be negotiated before a final contract is entered. Mandatory terms and conditions are not negotiable. If the contract negotiation period exceeds thirty (30) days or if the selected Proposer fails to sign the contract within ten (10) calendar days of delivery of it, the Parish may elect to cancel the award and award the contract to the next-highest-ranked Proposer. Award shall be made to the Proposer with the highest points, whose proposal, conforming to the RFP, will be the most advantageous to the Parish, price and other factors considered. The Parish intends to award to a single Proposer. In accordance with Louisiana Law, all corporations (See LA R.S. 12:26.1) and Limited Liability Companies (See LA R.S. 12:1308.2) must be registered and in good standing with the Louisiana Secretary of State in order to hold a contract. 5.23 Acknowledgment and Waiver of Protest Rights Proposer shall execute an Acknowledgment and Waiver (the “Waiver”) (Attachment “C”) and shall produce same to the Parish along with its proposal. Such Waiver shall state that Proposer has read this RFP and the Waiver, and understands that the Parish’s obligations under this RFP are not dictated by Louisiana Public Bid Law or the Louisiana Procurement Code. As such, Proposer understands that it is provided no opportunity for protest and waives all such rights. 5.24 Notice of Intent to Award Upon review and approval of the evaluation committee’s and agency’s recommendation for award, the Procurement Department will issue a “Notice of Intent to Award” letter to the apparent successful Proposer. A contract shall be completed and signed by all parties concerned on or before the date indicated in the “Schedule of Events.” If this date is not met, through no fault of the Parish, the Parish may elect to cancel the “Notice of Intent to Award” letter and make the award to the next most advantageous Proposer. 15 The Procurement Department will also notify all unsuccessful Proposers as to the outcome of the evaluation process. The evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report will be made available to all interested parties after the “Notice of Intent to Award” letter has been issued. 5.25 Insurance Requirements The Contractor shall comply with all insurance requirements of the Parish as contained in Attachment “D”. All policies of insurance shall meet the requirements of the Parish prior to the commencing of any work. The Parish has the right, but not the duty, to approve all insurance policies prior to the commencing of any work. Contractor shall furnish the Parish with certificates of insurance effecting coverage(s) required by the RFP (see Attachment “D”). The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the Parish before work commences. The Parish reserves the right to require complete certified copies of all required policies, at any time. 5.26 Subcontractor Insurance The Contractor shall include all subcontractors as insured’s under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the contractor. 5.27 Indemnification and Limitation of Liability 5.27.1 Duty to Defend Upon notice of any claim, demand, suit, or cause of action against the Parish, alleged to arise out of or be related to this Contract, Contractor shall investigate, handle, respond to, provide defense for, and defend at its sole expense, even if the claim, demand, suit, or cause of action is groundless, false, or fraudulent. The Parish may, but is not required to, consult with or assist the Contractor, but this assistance shall not affect the Contractor’s obligations, duties, and responsibilities under this section. Contractor shall obtain the Parish’s written consent before entering into any settlement or dismissal. 5.27.2 Contractor Liability Contractor shall be liable without limitation to the Parish for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. 16 5.27.3 Force Majeure It is understood and agreed that neither party can foresee the exigencies beyond the control of each party which arise by reason of an Act of God or force majeure; therefore, neither party shall be liable for any delay or failure in performance beyond its control resulting from an Act of God or force majeure. The Parish shall determine whether a delay or failure results from an Act of God or force majeure based on its review of all facts and circumstances. The parties shall use reasonable efforts, including but not limited to, use of continuation of operations plans (COOP), business continuity plans, and disaster recovery plans, to eliminate or minimize the effect of such events upon the performance of their respective duties under this Contract. 5.27.4 Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. The Contractor shall not indemnify for the portion of any loss or damage arising from the Parish’s act or failure to act. 5.27.5 Intellectual Property Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, from and against damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities in any action for infringement of any intellectual property right, including but not limited to, trademark, trade-secret, copyright, and patent rights. When a dispute or claim arises relative to a real or anticipated infringement, the Contractor, at its sole expense, shall submit information and documentation, including formal patent attorney opinions, as required by the Parish. If the use of the product, material, service, or any component thereof is enjoined for any reason or if the Contractor believes that it may be enjoined, Contractor, while ensuring appropriate migration and implementation, data integrity, and minimal delays of performance, shall at its sole expense and in the following order of precedence: (i) obtain for the Parish the right to continue using such product, material, service, or component thereof; (ii) modify the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; (iii) replace the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; or, (iv) provide the Parish monetary compensation for all payments made under the Contract related to the infringing product, material, service, or component, plus for all costs incurred to procure and implement a non-infringing product, material, or service of at least equal quality and performance. Until this obligation has been satisfied, the Contractor remains in default. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon the Parish’s unauthorized: i) modification or alteration of the product, material or service; ii) use of the product, material or service in combination with other products not furnished by Contractor; or, iii) use of the product, material or service in other than the specified operating conditions and environment. 17 5.28 Fidelity Bond Requirements Omitted as not applicable to this RFP 5.29 Payment 5.29.1 Payment for Services The Parish shall pay Contractor in accordance with the Pricing Schedule set forth in Attachment “A”. The Contractor may invoice the Parish monthly at the billing address designated by the Parish. Payments will be made by the Parish within approximately thirty (30) days after receipt of a properly executed invoice, and approval by the Parish. Invoices shall include the purchase order number. Invoices submitted without this information will not be approved for payment until the required information is provided/reflected on the invoice. 5.30 Termination 5.30.1 Termination of the Contract for Cause The Parish may terminate the contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the contract, or failure to fulfill its performance obligations pursuant to the contract, provided that the Parish shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the Parish may, at its option, place the Contractor in default and the contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the Parish to comply with the terms and conditions of the contract, provided that the Contractor shall give the Parish written notice specifying the Parish’s failure and a reasonable opportunity for the Parish to cure the defect. 5.30.2 Termination of the Contract for Convenience The Parish may terminate the contract at any time by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date. The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 5.30.3 Termination for Non-Appropriation of Funds The continuance of the contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the Parish Council. If the Parish Council fails to appropriate 18 sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced for any lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. 5.30.4 Default of Contractor Failure to complete or deliver within the time specified or to provide the services as specified in the bid or response will constitute a default and may cause cancellation of the contract. Where the Parish has determined the contractor to be in default. The Parish reserves the right to purchase any or all products or services covered by the contract on the open market and to charge the contractor with the cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid or response from the defaulting contractor will be considered. 5.31 Assignment The Contractor shall not assign any interest in the contract by assignment, transfer, or novation, without prior written consent of the Parish. This provision shall not be construed to prohibit the contractor from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the Parish. 5.32 No Guarantee of Quantities The quantities referenced in the RFP are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by the Parish to increase or decrease the amount, at the unit price stated in the proposal. The Parish does not obligate itself to contract for or accept more than its actual requirements during the period of the contract, as determined by actual needs and availability of appropriated funds. 5.33 Audit of Records The Parish Auditor, state auditors, federal auditors or others so designated by the Parish, shall have the option to audit all accounts directly pertaining to the resulting contract for a period of five (5) years after Project acceptance or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose. 5.34 Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Contractor agrees to abide by the requirements of the Americans with 19 Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under the contract and any contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. 5.35 Record Retention The Contractor shall maintain all records in relation to the contract for a period of at least five (5) years after final payment. 5.36 Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of the Parish and shall, upon request, be returned by Contractor to the Parish, at Contractor’s expense, at termination or expiration of the contract. 5.37 Content of Contract/ Order of Precedence In the event of an inconsistency between the contract, the RFP and/or the Contractor's Proposal, the inconsistency shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any) and finally, the Contractor's Proposal. 5.38 Contract Changes No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be made without the prior approval of the Parish. Changes to the contract include any change in: compensation; beginning/ ending date of the contract; scope of work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract. 5.39 Substitution of Personnel The Parish intends to include in any contract resulting from this RFP the following condition: Substitution of Personnel: If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the Parish for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal. 20 5.40 Governing Law All activities associated with this RFP process shall be interpreted under Louisiana Law. All proposals and contracts submitted are subject to provisions of the laws of the State of Louisiana and specifications listed in this RFP. Jurisdiction and venue for any suit filed in connection with this RFP process and contract shall be exclusive to the 22nd Judicial District Court for the Parish of St. Tammany, State of Louisiana. 5.41 Anti-Kickback Clause The Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled. 5.42 Clean Air Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violating Facilities. 5.43 Energy Policy and Conservation Act The Contractor hereby recognizes the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 5.44 Clean Water Act The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. 5.45 Anti-Lobbying and Debarment Act The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act. Attachment A Version 2022 Q1 Proposal Pricing Sheet RFP #24-8-3 Parishwide Generator Maintenance Services Contractor agrees to abide by all St. Tammany Parish Government (Parish) General Conditions (furnished upon request), and acknowledges receipt of and has reviewed a copy of the Parish's Insurance Requirements (as attached) and agrees to maintain such insurance coverage(s) throughout the duration of the project, as well as for any subsequent warranty periods. If awarded the project, Contractor agrees that no work is to commence under any circumstance until the Contractor is provided a notice to proceed by the Parish. Contractor must acknowledge all addenda. Enter the number the Parish has assigned to each of the addenda that the Contractor is acknowledging. The Contractor acknowledges receipt of the following: ADDENDA: _____________________ Department of Facilities LOCATION GENERATOR PRICE Koop Campus Building A 21490 Koop Dr., Mandeville 70471 Caterpillar 400kw $ Koop Campus Building B 21454 Koop Drive., Mandeville, LA 70471 Caterpillar 800 kw $ Koop Campus Building C 21410 Koop Dr., Mandeville, LA 70471 Generac 300 kw $ EOC 510 E. Boston St., Covington, LA 70433 (2) Generac 400 kw $ each Justice Center 701 N. Columbia St, Covington, LA 70433 Caterpillar 2000 kw $ Justice Center Parking Garage 601 North Jefferson St. Covington, LA 70433 Caterpillar 600 kw $ Tyler Street PW / Fleet 620 N. Tyler St., Covington, LA 70433 Onan 80 kw $ Tyler Street Administration 620 W. 26th St., Covington, LA 70433 Caterpillar 600 kw $ Airport 25048, Hwy 36 Abita Springs, LA Generac 100 kw $ Safe Haven Quad A 23251 S. Robin Rd.,Mandeville, LA 70470 MTU 100 kw $ Safe Haven Quad B 23363 S. Robin Rd., Mandeville, LA 70470 Onan 80 kw $ Safe Haven Quad C 23636 Sparrow Rd., Mandeville, LA 70470 Onan 125 kw $ Safe Haven Quad D 23468 Sparrow Rd. Mandeville, LA 70470 MTU 150 kw $ Page 1 of 4 Attachment A Version 2022 Q1 Department of Facilities Continued LOCATION GENERATOR PRICE Safe Haven Kitchen 23297 S. Robin Rd., Mandeville, LA 70470 Onan 125 kw $ Safe Haven Equip Room 23592 Sparrow Rd., Mandeville, LA 70470 MTU 500 kw $ Fairgrounds 1304 N. Columbia St. Covington, LA 70433 45 kw Marelli Emergency Call out Service **this service may or may not be utilized** Per hour $ Total for Facilities $ Department of Public Works BARN ADDRESS GENERATOR PRICE Airport Barn 34783 Grantham College, Slidell, LA 70461 Onan 35 kw $ Brewster Barn 644 Brewster Rd., Madisonville, LA 70447 Generac 25 kw $ Bush Barn 81408 Hwy 41, Bush, LA 70431 Generac 20 kw $ Covington Barn 1305 N. Florida St., Covington, LA 70433 Generac 25 kw $ Fritchie Barn 63119 Hwy 1090, Pearl River, LA 70452 Generac 25 kw $ Hwy 59 Barn 1699 North lane, Mandeville, LA 70471 Generac 25 kw $ Hickory Barn-a 67835 Hwy 41 Pearl River, LA 70452 Generac 60 kw $ Keller Barn 63131 Fish Hatchery Rd., Lacombe, LA 70445 Onan 125 kw $ Folsom Barn 84307 Hwy 437, Folsom, 70435 Generac 150 kw $ Emergency Call out Service **this service may or may not be utilized** Per hour $ Total for Public Works $ Page 2 of 4 Attachment A Version 2022 Q1 Department of Utilities LOCATION GENERATOR SIZE PRICE 620 N. Tyler St. Covington LA MQ Power 56kW $ 620 N. Tyler St. Covington LA Onan 125kW $ 620 N. Tyler St. Covington LA Onan 15kW $ 620 N. Tyler St. Covington LA Onan 125kW $ 620 N. Tyler St. Covington LA MQ Power 176kW $ River Oak Water Well; 1004 Swell Street Slidell LA Cummins 350KW $ 620 N. Tyler St. Covington LA Onan 125kw $ Diversified Water Well, 105 Hwy 1085, Covington LA Caterpillar 600kW $ Cross Gates WWTP; 350 N. Military Rd, Slidell LA Onan 350kW $ 62258 N. 13th St., Slidell LA Gillette 80kW $ Bedico Creek Subdivision, Madisonville LA GENERAC 100kW $ 100 Christwood Blvd Covington LA F.G. Wilson 95kW $ 350 N. Military Rd, Slidell LA Kohler 100kW $ Hwy 1077 North of McGee Rd, Gillette 80kw $ 236 Hwy 22 Mandeville LA Gillette 80kw $ 236 Hwy 22 Mandeville LA Gillette 80kw $ 21490 Koop Dr. Mandeville LA GENERAC 100kW $ 3157 Meadow Lake Dr. E, Slidell LA Kohler 33kW $ 63485 Blue Marlin Dr., Lacombe LA Onan 200kW $ Soult St. North of Mandeville Middle School, Mandeville LA GENERAC 100kw $ St. Joe Rd. & Buckley Ln., Slidell LA GENERAC 35kw $ Hwy 434 Lacombe LA AKSA 125kW $ 200 Cross Gates Blvd Slidell Taylor Power 80kW $ Emergency Call out Service **this service may or may not be utilized** Per hour $ Total for Utilities $ Page 3 of 4 Attachment A Version 2022 Q1 Contractor: _____________________________________________________________________________________ Address Line 1:__________________________________________________________________________________ Address Line 2:__________________________________________________________________________________ City:______________________________________ State:_________________________ Zip:___________________ Phone: ____________________________ Email: ____________________________________________ Total quote amount for all 3 locations (Dollars): $___________________________________________ Total quote amount for all 3 locations (Written): _____________________________________________ Contractor Signature: __________________________________________________ Date: __________________ Contractor Printed Name: _______________________________________________________________________ Page 4 of 4 1 Appendix A Department of Facilities Contact Jim Ford or Jim DeWitt 985-898-2792 SCOPE OF SERVICES St. Tammany Parish Government requires preventative generator maintenance for various facilities in St. Tammany Parish. The Provider shall be prepared to perform each task as stated according to the general requirements below: Maintenance Record Keeping and Reporting: The Provider shall supply St. Tammany Parish Facilities Management with a Preventative Maintenance Schedule for the year. For each preventative maintenance visit, Provider shall supply St. Tammany Parish's Facilities Management with a preventative maintenance and inspection report that details the activities of each session, on a per site basis. Provider shall keep a Maintenance log of all activities of the Parish generators. At a minimum the following is required: Major Inspection (1 x a year) shall include the following: • Disable the unit from operating • Check the engine coolant level, adjust as necessary • Check the oil pressure gauge for proper operation • Check the fuel delivery system for leaks and correct pressure, tighten as necessary • Check and record radiator anti-freeze with hydrometer • Check the engine block heater for proper operation • Check the air inlets and outlets for debris, clean as necessary • Check the battery posts, cables and charger for loose connections, corrosion and proper operation • Check the battery electrolyte level and specific gravity if accessible • Check the unit wiring for loose connections, corrosions and damages. Correct as necessary • Check the engine alternator for correct voltage output, visually inspect the unit looking for leaks, damage, loose connections or components, correct as necessary • Test the engine and transfer switch safety devices, correct and/ or adjust as necessary • Initiate an automatic start and transfer of the unit to site load and exercise the unit. Look for any abnormal operating conditions and correct as necessary • Check exerciser clock for proper operation • Start and exercise the unit at full load. Look for any abnormal operating conditions and correct as necessary • Check engine RPM's / Hertz • Change the oil • Replace the engine oil filter(s) • Replace the engine fuel filter(s) and re-prime the fuel system • Replace the engine air filter(s) • Perform a 5-minute no-load operational run of the unit looking for any posts service problems • Return the unit to stand-by setup 2 Minor Inspection (1 x's a year) shall include the following: • Disable the unit from operating • Check the engine oil levels, adjusts as necessary • Check the engine coolant level, adjust as necessary • Check the oil pressure gauge for proper operation • Check the engine block beater for proper operation • Check the air inlets and outlets for debris, clean as necessary • Check the battery posts, cables and charger for loose connections, corrosion and proper operation • Check the battery electrolyte level and specific gravity if accessible • Check the unit wiring for loose connections, corrosions and damages. Correct as necessary • Check the engine alternator for correct voltage output • Visually inspect the unit looking for leaks, damage, loose connections or components. Correct as necessary • Test the engine and transfer switch safety devices, correct and/ or adjust as necessary • Initiate an automatic start and transfer of the unit to site load and exercise the unit. Look for any abnormal operating conditions and correct as necessary. • Start and exercise the unit at full load. Look for any abnormal operating conditions and correct as necessary Emergency Service: Provider is to provide the Parish with a written 24 x 7 emergency callout notification procedure. Provider shall update the procedure on an as-needed basis. Provider shall return calls for emergency service within 30 minutes 24 x 7. Provider shall be able to respond for emergency call-out service within two (2) hours. Provider shall support the Parish in any disaster recovery efforts. 3 Location Type of Generator Koop Campus Building A 21490 Koop Dr., Mandeville 70471 Caterpillar 400kw Koop Campus Building B 21454 Koop Drive., Mandeville, LA 70471 Caterpillar 800 kw Koop Campus Building C 21410 Koop Dr., Mandeville, LA 70471 Generac 300 kw EOC 510 E. Boston St., Covington, LA 70433 (2) Genrac 400 kw Justice Center 701 N. Columbia St, Covington, LA 70433 Caterpillar 2000 kw Justice Center Parking Garage 601 North Jefferson St. Covington, LA 70433 Caterpillar 600 kw Tyler Street PW/Fleet 620 N. Tyler St., Covington, LA 70433 Onan 80 kw Tyler Street Administration 620 W. 26th St., Covington, LA70433 Caterpillar 600 kw Airport 25048, Hwy 36 Abita Springs, LA Generac 100 kw Safe Haven Quad A 23251 S. Robin Rd., Mandeville, LA 70470 MTU 100 kw Safe Haven Quad B 23363 S. Robin Rd., Mandeville, LA 70470 Onan 80 kw Safe Haven Quad C 23636 Sparrow Rd., Mandeville, LA 70470 Onan 125 kw Safe Haven Quad D 23468 Sparrow Rd. Mandeville, LA 70470 MTU 150 kw Safe Haven Kitchen 23297 S. Robin Rd., Mandeville, LA 70470 Onan 125 kw Safe Haven Equip Room 23592 Sparrow Rd., Mandeville, LA 70470 MTU 500 kw Fairgrounds 1304 N. Columbia St. Covington, LA 70433 45 Kw Marelli 1 Appendix B Department of Public Works Contact Beverly Mathies 985-898-2557 SCOPE OF SERVICES St. Tammany Parish Government requires preventative generator maintenance for various facilities in St. Tammany Parish. The Provider shall be prepared to perform each task as stated according to the general requirements below: Provider will provide generator maintenance services for various facilities in the Parish maintenance locations located within St. Tammany Parish. The successful proposer shall provide all labor, materials and equipment necessary to perform the work required. The Provider will perform one (1) minor and one (1) major inspection yearly. The Provider shall be prepared to perform each task as stated according to the general requirements below: Maintenance Record Keeping and Reporting: The Provider shall supply St. Tammany Parish Department of Public Works a preventative maintenance and inspection report that details the activities of each session, on a per site basis. Provider shall keep a Maintenance log of all activities of the Parish generators Emergency Service: Provider is to provide the Parish with a written 24 x 7 emergency callout notification procedure. Provider shall update the procedure on an as-needed basis. Provider shall return calls for emergency service within 30 minutes 24 x 7. Provider shall be able to respond for emergency call-out service within two (2) hours. Provider shall support the Parish in any disaster recovery efforts. Major Inspection (1 x time per year) shall include the following: • Disable the unit from operating • Check the engine oil levels, adjust as necessary • Check the engine coolant level, adjust as necessary • Check the oil pressure gauge for proper operation • Check the gas delivery system for leaks and correct pressure, tighten as necessary • Check and record radiator anti-freeze with hydrometer. • Check the engine block heater for proper operation • Check the air inlets and outlets for debris, clean as necessary • Check the battery posts, cables and charger for loose connections, corrosion and proper operation • Check the battery electrolyte level and specific gravity if accessible • Check the unit wiring for loose connections, corrosions and damages. Correct as necessary • Check the engine alternator for correct voltage output • Visually inspect the unit looking for leaks, damage, loose connections components, correct engine and transfer switch safety devices, correct and/ or adjust as necessary as Test necessary the • Initiate an automatic start and transfer of the unit to site load and exercise the unit. Look for any abnormal operating conditions and correct as necessary. 2 • Check exerciser clock for proper operation • Start and exercise the unit at full load. Look for any abnormal operating conditions and correct as necessary • Change the oil • Replace the engine filters • Replace the engine fuel filter(s) and re-prime the fuel system • Replace the engine air filter(s) • Perform a 5-minute no-load operational run of the unit looking for any post service problems • Return the unit to stand-by setup • Check engine RPM's / Hertz Minor Inspection (1 times per year) shall include the following: • Disable the unit from operating • Check the engine oil levels, adjust as necessary • Check the engine coolant level, adjust as necessary • Check the oil pressure gauge for proper operation • Check the engine block heater for proper operation • Check the air inlets and outlets for debris, clean as necessary Check the battery posts, cables and charger for loose connections, corrosion and proper operation, • Check the battery electrolyte level and specific gravity if accessible • Check the unit wiring for loose connections, corrosions and damages. Correct as necessary • Check the engine alternator for correct voltage output • Visually inspect the unit looking for leaks, damage, loose connections or components, Correct as necessary • Test the engine and transfer switch safety devices, correct and / or adjust as necessary • Initiate an automatic start and transfer of the unit to site load and exercise the unit. Look for any abnormal operating conditions and correct as necessary • Start and exercise the unit at full load. Look for any abnormal operating conditions and correct as necessary • Perform a 5-minute no-load operational run of the unit looking for any post service problems • Return the unit to stand-by setup • Check engine RPM's / Hertz 3 Barn Location Address Type of Generator Airport Barn 34783 Grantham College, Slidell, LA 70461 Onan 35 kw Brewster Barn 644 Brewster Rd., Madisonville, LA 70447 Generac 25 kw Bush Barn 81408 Hwy 41, Bush, LA 70431 Generac 20 kw Covington Barn 1305 N. Florida St., Covington, LA 70433 Generac 25 kw Fritchie Barn 63119 Hwy 1090, Pearl River, LA 70452 Generac 25 kw Hwy 59 Barn 1699 North lane, Mandeville, LA 70471 Generac 25 kw Hickory Barn-a 67835 Hwy 41 Pearl River, LA 70452 Generac 60 kw Keller Barn 63131 Fish Hatchery Rd., Lacombe, LA 70445 Onan 125 kw Folsom Barn 84307 Hwy 437, Folsom, 70435 Generac 150 kw 1 OF 6 Appendix C Department of Utilities Contact Sidney Rodrigue 985-893-1717 Scope of Services The St. Tammany Parish Department of Utilities (DU) requires the Contractor to maintain the listed generator systems in a safe, reliable, and efficient operating condition. The contractor shall provide periodic scheduled preventive maintenance and emergency repair services for the generator sets by experienced and qualified technicians as described below and in Exhibit “A” attached. The contractor shall perform Quarterly and Annually inspection visits and maintenance checks for each generator during each calendar year. It is imperative that the Annual Inspection to be performed and completed PRIOR to beginning of hurricane season (June 1st). 1) The term of the contract shall be one-year (365 days) from the date of “Notice to Proceed” is issued by DU, with the option of two (2) additional one (1) year periods with the same terms and conditions of the initial term if the Parish and the Contractor Proposer agree. The DU will notify the contractor in writing of its exercise of this option for an additional term not less than thirty (30) days prior to the end of the current term. Please note that the current generator inventory listing will be then updated as units installed and/or removed from the system. 2) Prices proposed by the contractor shall be firm for the term of the contract. 3) For access to the sites and the generators please contact Mr. Sidney Rodrigue at (985) 893-1717 4) The contractor personnel performing the work of this contract at minimum must have professional diesel mechanic training, with minimum five (5) years of hands-on experience, and are certified diesel mechanic thru ASE. Proof of such certification might be required by the Parish at any time. 5) The contractor shall impose on his/her staff the applicable quality control requirements of this contract. Contractor shall be directly responsible that all workmanship shall meet the specific requirements of this contract. All workmanship shall be in accordance with the best craft and industry practice and the maintenance standards specified herein. 6) The contractor shall provide all necessary managerial, administrative supervision and direct labor personnel, as well as all transportation, equipment, tools, apparatus, and test instruments, supplies, and materials required to perform inspection, maintenance, and component replacement as required to maintain the systems in accordance with this work contract. The contractor shall provide periodic preventive maintenance inspections and emergency repair services for the generator sets. The periodic visits shall be scheduled for regularly timed intervals, preferably during the first week of each month. The contractor shall utilize the annual and quarterly preventive maintenance checklist provided as Exhibit “A” to this contract. The preventive maintenance checklists shall be fully completed and signed by the contractor during each visit and shall be submitted to the DU for review and approval. 7) The contractor's work and responsibility shall include, but shall not be limited to, all planning, visits, programming, contractor administration, and management necessary to assure that all operations of preventive maintenance and repair services are conducted in accordance with the contract requirements and all applicable laws, labor laws, regulations, safety requirements, and in accordance with best standard industry practices. 8) The DU shall be informed immediately: 2 OF 6 a) Whenever abnormalities arise that would preclude the equipment from being fully operational. b) If the contractor identifies any defective components during the periodic inspection. i) In addition, all deficiencies shall be noted and reported in writing to the DU upon completion of the inspection or service visit. ii) Minor deficiencies defined as those costing total of $5,000.00 or less may be performed as they are discovered and reported and invoiced to DU. It is the intent of these documents for unit(s) to be placed back in service as soon as possible if the repairs are “minor” in nature. 9) This contract covers only labor charges for preventive maintenance excluding spare parts and expendable items. All spare parts replaced by the contractor and any major repairs shall be billed separately. The contractor agrees to submit prior estimates for approval of the DU. Approval of these repairs is at the discretion of the DU. 10) The DU reserves the right to make repairs or perform preventive maintenance to this equipment without prior approval of the contractor. It is agreed by both parties that no preventive maintenance of the equipment under this contract will be made by technicians not belonging to the contractor and/or the government. 11) The contractor shall review the equipment located in the terms of this contract and provide the DU with a list of spare parts to be ordered within thirty (30) days of the effective date of this contract. 12) Disposal of used oil, fuel, battery and other toxic substances: The Contractor is responsible for proper disposal of toxic/hazardous substances. All material shall be disposed of according to Government and Local law. After proper disposal the contractor must show proof of authorized disposal of these toxic/hazardous substances. 13) It shall be understood and agreed by both parties that no equipment under this contract shall be shut down by the contractor for either preventive maintenance or repair without prior DU approval. 14) Contractor shall comply with all industry safety standards and technician(s) shall be equipped with proper personal protective equipment (PPE) at all times. 15) Reporting Procedure and Documentation: Contractor shall furnish DU with electronic AND legible hard copies of each inspection for each unit, indicating at minimum, all tasks as specified in this section has been performed. Areas of concerns shall be clearly identified. Provide pictures to help identify issues as requested. The report shall be specific to each Generator Name as listed in Exhibit “A” (permanent and portable). DU reserves the rights to require additional information in order to ascertain certain conditions. 16) Emergency Service: Contractor shall provide DU with a written 24/7/365 emergency callout notification procedure. Contractor shall update the procedure on an as-needed basis. Calls for emergency services (including Disaster Recovery) shall be responded within 30 minutes at ALL times, and be able to respond for emergency call-out service within two (2) hours of the notification, NO EXCEPTION. 17) The detailed information of the current generators covered under this contract are shown in the table below: 3 OF 6 Portable (Y/N) Generator Locat ion Size Make Fuel Source (D/G) SIN 1 "Baby Ghost" 99-308 Y 620 N. Tyter St. Covington, LA 70434 56kW MQ Power D 8801222 2 "Candace" 99-169 Y 620 N. Tyter St. Covington, LA 125kw Onan D H970645364 3 "Debra" 99-296 Y 620 N. Tyter St. Covington, LA 15kw Onan D I980801423 4 "Dooky" 99-168 Y 620 N. Tyter St. Covington, LA 125kw Onan D H970645363 5 "Ghost" 99-309 Y 620 N. Tyter St. Covington, LA 176kw MQ Power D 8010213 6 "The Hog" 99-282 Y River Oak Water Well; 1004 Swell Street Slidell, LA 350kw Cummins D JK-94I24 7 "Little Dookie" 99-418 Y 620 N. Tyter St. Covington, LA 70434 125kw Onan D J870933432 8 "Mr. Bil l" 99-048 Y Diversified Water Well, 105 Hwy 1085 Covington, LA 600kw Caterpil lar D 1JJ00724 9 "Mr. Blinky" 99-289 Y CrossGates WWTP; 350 N. Military RD Slidell, LA 350kw Onan D J870933432 10 Alton Well 99-425 N 62258 N. 13th Street Slidell, LA 80kw Gillette G QA-10-300 11 Bedico Water Well 99-444 N Bedico Creek Subdivision Madisionvil le, LA 100kw Generac G 3010992707 12 Christwood Water Well N 100 Christwood Blvd, Covington, LA 95kw F.G.Wilson G B2039L/001 13 Cross Gates WWTP 99-363 N 350 N. Military Rd, Slidell, LA 100kw Kohler G 2055730 14 Goodbee Water Well 99-420 N Hwy 1077 North of McGee Rd, 80kw Gillette G 0G-13-300 15 Hwy 22 Water Well 99-413 N 236 Hwy 22 Mandevil le, LA 80kw Gillette G NK-9-300 16 Koop Drive Water Well 99-443 N 21490 Koop Dr. Mandevil le, LA 70471 100kw Generac G 3010992709 17 Meadow Lake Water Well 99- 365 N 3157 Meadow Lake Dr. E. Slidell, LA 33kw Kohler D 160683 18 Northlake Behaviorial WWTP N 63485 Blue Martin Dr. Lacombe, LA 200kw Onan D F000120012 19 Soult St. Water Well N Soult St. North of Mandevil le Middle School, Mandevil le, LA 100kw Generac G 3012053042 20 St Joe Water Well 99-440 N St. Joe Rd. & Buckley Ln. Sl idell, LA 35kw Generac D 3009592739 21 Tammanend Water Well N Hwy 34 Lacombe, LA 70447 125kw AKSA D L302331 22 Willow Wood Water Well N 200 Cross Gates Blvd Slidell, LA 80kw Taylor Power D MT-002792 APD-UL125 362PSL1604 SG100 SG035 100RZG SP-8005N-3-4N2 SG100 30RZ201 DGFC-4482830 SP-8005N-3-4N2 SR4 125.ODYD- 15R/20751H SP-8005N-3-N2 SG100 P100E 15DKAC 125DGEA DCA-220SSIU S02FDR8040AA 125.ODYD- 15R/20751H St. Tammany Parish Government Department of Util ities Generator Name Model DCA- 70USI 125DGEA 4 OF 6 Maintenance Interval Schedule (Standby Generators) Notes: 18) The following is a basic generic list. Manufacturers recommendations shall be followed and supersede recommendations in this list. If available, the manufacturer’s maintenance schedule can be taken directly from equipment operations and maintenance manual. 19) Generators experiencing periods of prime usage and those operating in severe environments may require more frequent maintenance. 20) Before each consecutive interval is performed, all maintenance from the previous intervals must be performed. 21) All reports to DU shall be in the form of one (1) electronic signed copy and two (2) hard copies, with all attachments. 22) Quarterly Schedule a) Conduct visual inspection around generator i) Check for evidence of leaks, damage, lost or missing hardware. ii) Inspect engine and generator wiring harness for wear and damages. iii) Inspect supports and spring isolators for soundness and stability. iv) Inspect unit for corrosion. v) Hoses and Clamps - Inspect/Replace if needed. vi) Belts - Inspect/Adjust/Replace if needed. vii) Inspect all fuel, oil, and water piping for secure mounting. viii) Inspect exhaust piping and muffler insulation. b) Batteries i) Battery charger – Inspect operation and clean. ii) Battery electrolyte level and specific gravity – Check and adjust. Add distilled water as needed. iii) Perform battery load test. iv) Clean battery terminals and lugs (apply grease on terminal connections). c) Fluids and Filters i) Cooling System Coolant Level - Check and adjust. ii) Coolant conditioner (DCA/SCA) – Check and adjust to specs. iii) Jacket Water Heater - Check proper operation. iv) Engine Oil Level - Check and add if needed. v) Fuel/water separators – Drain water. vi) Engine Air Cleaner Service Indicator – Check, clean filter if needed. d) Generator Housing i) Fuel tanks – Inspect and treat fuel if needed, check fuel level, drain water and sediment. ii) Automatic fuel system -Check operation and control panel. iii) Air intake/exhaust – Ensure nothing obstructs airflow; louvers are free and operate 5 OF 6 properly. iv) Exhaust condensate trap – drain condensate. v) Control Panel vi) Electrical Connections - Check tightness vii) Clean and remove dust from panel. e) Automatic Transfer Switch i) Clean and remove dust. ii) Inspect seals. iii) Note date of last battery change. (Replace if two years or older). iv) Tighten connections. v) Check for hot spots. f) Run unit – No load i) Run the generator with no load for 15 minutes. (1) Remote Start Panel-Inspect and test operation. Inspect and clean. (2) Check the generator for unusual conditions, such as: excessive vibration and noise, leaks, excessive smoke. (3) Verify all gauges and indicators are normal and functioning properly. (4) Check all indication lights, replace any defective bulbs. g) Start unit and run under load for one (1) continuous hour i) Note: Unit shall run under facility load if permissible. If not, unit shall be run with a minimum 80% load with load bank. DU Operations Personnel MUST be present for this portion of work. ii) Automatic Start/Stop – Inspect. iii) Check ATS operations and calibrate TDES, TDNE, TDEN, and TDEC if necessary. Observe and record retransfer/cool down time. iv) Generator Set Vibration – Inspect. v) Read and record all gauges/meters. vi) Record load readings – Voltage, amps, frequency, power factor. vii) Check exhaust for excessive black or white smoke. viii) Check turbocharger for vibrations or any abnormal noise during operation. ix) Check generator bearing for noise and overheating. x) Check exhaust manifold, muffler, and piping for leaks and secure mountings. xi) Additional Inspection xii) Ensure Generator/ATS is left in proper position for automatic start and transfer. xiii) Clean generator and generator area. Wash radiator if necessary. xiv) Annotate date, hours and maintenance in Generator log, fill out maintenance checklist and report deficiencies to DU. xv) Perform any additional maintenance tasks as recommended in the manufacture’s operation and maintenance manuals. xvi) Submit Service Inspection and Test Report to DU. 6 OF 6 23) Annual Schedule a) Conduct quarterly PM service b) Engine Air Cleaner Elements – Replace. c) Engine Crankcase Breather – Clean. d) Engine Oil and Filter – Replace. e) Fuel Filters and Water Separators – Replace. f) Obtain fuel sample at day tank and storage tank for analysis. Contractor shall provide fuel polishing services at the site if fuel found to be not acceptable. g) Radiator – Clean (pressure wash). h) Intake louvers and ducts – Inspect/Clean (pressure wash). i) Fan Drive Bearing – Lubricate. j) Grease fittings – Lubricate. k) Magnetic Pickups - Clean/Inspect. l) Cooling System Coolant Sample - Obtain m) Cooling System Supplemental Coolant Additive (SCA) - Test/Add n) Coolant filter – Change if applicable o) Crankshaft Vibration Damper - Inspect p) Engine Protective Devices - Check q) Engine Valve Lash - Inspect/Adjust r) Turbocharger – Inspect/Check; Check end play and radial clearance on the turbine wheel and shaft. s) Clean and lubricate fuel pump linkages if applicable. t) Fan bearing – Inspect/Grease. u) Clean dust and vacuum all the controls, meters, switching mechanism components, interior buswork, Remote Start control panel, Annunciator and connecting lugs of the ATS. v) Inspect/Check buswork and supporting hardware for carbon tracking, cracks, corrosion, or any type of deterioration. w) Check all control wiring and power cables (especially wiring between or near hinged door) for sign of wear and deterioration. x) Check the cabinet interior for loose hardware – tighten connections. y) Check the grounding rod, clean the connections and measure the grounding resistance. The value of the grounding resistance must be reported to the DU. * * * END OF THE DOCUMENT * * * Attachment "B" CONTRACT FOR ESSENTIAL SERVICES Contract No.: «txtMunisContractNum» Be it known, that on this day of , 202__, the Parish of St. Tammany Government, through the Office of the Parish President (hereinafter sometimes referred to as the "Parish") and «txtREQCompanyName», an entity qualified to do and doing business in this State and Parish (hereinafter referred to as "Provider") do hereby enter into this Contract for non-professional services under the following terms and conditions. 1. SCOPE OF SERVICES Provider hereby agrees to furnish the following services (hereinto referred to as the “Contract”): «txtScopeSummary» 2. OPTION TO RENEW The Parish has the right to renew the term of this Contract for two (2) additional one (1) year periods, based upon the same conditions of the initial term. Parish shall notify Provider in writing of its exercise of its option for an additional term not less than thirty (30) days prior to the end of the then current term. 3. NOTICE TO PROCEED The Parish, through the Director, shall issue the Provider a Notice to Proceed in writing. This notice shall include the Work Order Number, Purchase Order Number, and instructions to undertake the services stated herein. The Provider shall commence the services within ten (10) days after receipt of such notification. The work necessary for the completion of each task shall be completed promptly following the Provider’s receipt of the Notice to Proceed. Sam ple Contract No.: «txtContractNum» Page 2 of 14 If the Parish desires to divide the Project into various parts, a Notice to Proceed shall be issued for each part, and the Parish and the Provider shall mutually agree upon the period of time within which services for each part of the Project shall be performed. The Provider will be given time extensions for delays beyond its control, or for those delays caused by tardy approvals of work in progress by various official agencies, but no additional compensation shall be allowed or due Provider for such delays. 4. INSURANCE REQUIREMENTS The Provider shall secure and maintain at its expense such insurance as may be required by the attached “Insurance Requirements”. It is specifically understood that this Contract shall not be effective until such time as all insurance requirements are met by the Provider and approved by the Parish. 5. LIABILITY AND INDEMINIFICATION A. Duty to Defend Upon notice of any claim, demand, suit, or cause of action against the Parish, alleged to arise out of or be related to this Contract, Contractor shall investigate, handle, respond to, provide defense for, and defend at its sole expense, even if the claim, demand, suit, or cause of action is groundless, false, or fraudulent. The Parish may, but is not required to, consult with or assist the Contractor, but this assistance shall not affect the Contractor’s obligations, duties, and responsibilities under this section. Contractor shall obtain the Parish’s written consent before entering into any settlement or dismissal. B. Contractor Liability Contractor shall be liable without limitation to the Parish for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every Sam ple Contract No.: «txtContractNum» Page 3 of 14 name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. C. Force Majeure It is understood and agreed that neither party can foresee the exigencies beyond the control of each party which arise by reason of an Act of God or force majeure; therefore, neither party shall be liable for any delay or failure in performance beyond its control resulting from an Act of God or force majeure. The Parish shall determine whether a delay or failure results from an Act of God or force majeure based on its review of all facts and circumstances. The parties shall use reasonable efforts, including but not limited to, use of continuation of operations plans (COOP), business continuity plans, and disaster recovery plans, to eliminate or minimize the effect of such events upon the performance of their respective duties under this Contract. D. Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, for any and all injury, death, damage, loss, destruction, damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities of every name and description, which may occur or in any way arise out of any act or omission of Contractor, its owners, agents, employees, partners or subcontractors. The Contractor shall not indemnify for the portion of any loss or damage arising from the Parish’s act or failure to act. E. Intellectual Property Indemnification Contractor shall fully indemnify and hold harmless the Parish, without limitation, from and against damages, costs, fines, penalties, judgments, forfeitures, assessments, expenses (including attorney fees), obligations, and other liabilities in any action for infringement of any intellectual property right, including but not limited to, trademark, trade-secret, copyright, and patent rights. Sam ple Contract No.: «txtContractNum» Page 4 of 14 When a dispute or claim arises relative to a real or anticipated infringement, the Contractor, at its sole expense, shall submit information and documentation, including formal patent attorney opinions, as required by the Parish. If the use of the product, material, service, or any component thereof is enjoined for any reason or if the Contractor believes that it may be enjoined, Contractor, while ensuring appropriate migration and implementation, data integrity, and minimal delays of performance, shall at its sole expense and in the following order of precedence: (i) obtain for the Parish the right to continue using such product, material, service, or component thereof; (ii) modify the product, material, service, or component thereof so that it becomes a non- infringing product, material, or service of at least equal quality and performance; (iii) replace the product, material, service, or component thereof so that it becomes a non-infringing product, material, or service of at least equal quality and performance; or, (iv) provide the Parish monetary compensation for all payments made under the Contract related to the infringing product, material, service, or component, plus for all costs incurred to procure and implement a non-infringing product, material, or service of at least equal quality and performance. Until this obligation has been satisfied, the Contractor remains in default. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon the Parish’s unauthorized: i) modification or alteration of the product, material or service; ii) use of the product, material or service in combination with other products not furnished by Contractor; or, iii) use of the product, material or service in other than the specified operating conditions and environment. 6. TAXES Provider hereby agrees to be responsible for payment of taxes from the funds thus received under this Contract. Provider agrees to be responsible for and to pay all applicable federal income taxes, federal social security tax (or self-employment tax in lieu thereof) a