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Resolution - 2003-R0503 - Letter Of Award For Replacement Of High Energy Units - Bruce Thornton A_C, Inc. - 11_06_2003
Resolution No. 2003-RO503 November 6, 2003 Item No. 38A RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for community development repair or replacement of high energy units, per ITB #190- 03/DC, by and between the City of Lubbock and Bruce Thornton A/C, Inc., of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. APPROVED AS TO CONTENT: Lid, Victor Kilman, Purchasing Ma ger APPROVED AS TO FORM: John Kmg g�--' - " Assistant City Attorney gs/ccdocs/Ltr of Award -Bruce Thornton AC.res October 27, 2003 Resolution No. 2003—RO503 November 6, 2003 Item No. 38A P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 November 6, 2003 Bruce Thornton A/C, Inc. Roy D. Jones 128 Slaton Road Lubbock, Texas 79404 Office of Purchasing RE: ITB #190-03/DC - COMMUNITY DEVELOPMENT REPAIR OR REPLACEMENT OF HIGH ENERGY UNITS Dear Mr. Jones: BRUCE THORNTON A/C, INC. has been awarded the items noted below on the Community Development Repair or Replacement of High Energy Levels on your response to the City of Lubbock Invitation to Bid #190-03/DC. 1. A Purchase Order will be issued by the City of Lubbock and covers the category of items shown below, and no other, during the period beginning November 6, 2003 and ending November 5, 2004. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: B. Water Heaters Primary Vendor 3. BRUCE THORNTON A/C INC.'S bid dated October 16, 2003, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 /-vU�) - WUOU3 The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event BRUCE THORNTON A/C, INC: fails to perform in accordance with their bid submittal dated October 16, 2003. Z 7�r "Mafrc McDougal Mayor APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: torney cc: Joe Range(, Community Development Vendor File ATTEST: Rebebca Garza City Secretary - -I k) cuUJ L oo - (2o�)3 ITB 803.19000, Communhy Development Repair or Replacement of High Energy Units SUBMIT TO: CITY OF CITY OF LUBBOCK, TEXAS SING DEPARTMENT PURCHASING DEPARTMENT ift 1625 13TH STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO BID CONTACT PERSON: Diana Caudillo EMPLOYER #03-190/DC TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Community Development Repair or Replacement of High SUBMITTAL DEADLINE: Energy Units October 16, 2003 0 3:00 P.M. CST PRE BID DATE, TIME AND LOCATION: at 10:00 a.m., October 9, 2003, Any bids received after the time and date listed in the Municipal Building, Engineering Conference Room 107, 1625 13`i' above, regardless of the mode of delivery, shall be Street, Lubbock, Texas. returned unopened. RESP NDENT N in IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING DDRESS CITY - ST - ZIP- THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPH E NO: 2YI ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURP6SE OF THE CITY OF LUBBOCK THAT THIS FAX N0: /J C/ (� �/ REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY (/ J TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS E. IL: % r P-av 1/2 nC ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER FEDERAL TAX iD VO. OR OCTAL SECURITY NO. Z THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDyES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 � tit #3 #4 #5 (Please Initial) The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?— YES NO IN COMPLIANCE WiTH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection With any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti -that laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the contractor-.1 (/ - - (4j uz=�� Authorized 5 ture Print/Type ame 62 Title Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 03-190/DCITBBestVal.doc 'L�).J� ITV✓v✓ ITB #190-03/DC, Addendum #1 REVISED BID FORM Community Development Repair or Replacement of High Energy Units CITY OF LUBBOCK, TEXAS ITB #03.090/DC In compliance with the Invitation to Bid #03-090/DC, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #03-090/DC is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. CATEGORY EST. QTY U/M DESCRIPTIONS UNIT PRICE A 25 More or Air Conditioning Units Less A.1 1 EA Purchase and install new 10,000 BTU A/C unit, $ c� 110 volt, EER=10. (COP=2.9) © A.2 1 EA ALTERNATE 1: $ Same as item A.1, except 12,000 BTU unit A.3 1 EA OPTION 1: $ Purchase and install nine (9) ft. electrical ext. cu for A/C unit aQ A.4 1 EA OPTION 2: $ Recapture freon d//4 A.5 1 EA FLAT RATE FEE: $ Tune up or Service of Air Conditioning Unit B 50 Evaporative Coolers More or Less B.1 1 EA Purchase and install 2800 CFM evaporative cooler $ with 1 /3 HP. 2 speed cooler Window Unit. B.2 1 EA ALTERNATE 1: $ Same as B.1, except 3300 CFM evaporative cooler G B.3 1 EA ALTERNATE 2: $ Same as B.1, except 4200 CFM evaporative cooler G/ B.4 1 EA Purchase and install 2800 CFM evaporative cooler $ with 1 /3 HP. 2 speed cooler Downdraft/Roof � Unit B.5 1 EA ALTERNATE 1: $ Same as B.4, except 3300 CFM evaporative cooler c` i 03Addend.doc L �-�l.J J w ✓ `�� ITB #190-03IDC, Addendum #1 B.6 1 EA ALTERNATE 1: s Same as B.4, except 3300 CFM evaporative cooler 1 �G / BA 1 EA OPTION 1: S Purchase and install faucet bib with valve for evaporative cooler B.5 1 EA OPTION 2: 5 Purchase and install waterline (50' max) tubing `— for evaporative cooler, secure to house properly B.6 1 EA FLAT RATE FEE: $ Tune up or Service of Evaporative Cooler 00 25 C More or Space Heaters Less C.1 1 EA Purchase and install 32000 BTU GloRay Blue- $ uU Flame Hi -Efficiency space heater '— C.2 1 EA Same as item 1, except 24000 BTU $ C.3 1 EA Same as item 1, except 15000 BTU $ 3 G` CA 1 EA Same as item 1, except 5000 BTU $ � 6 - C.5 1 EA OPTION 1: $ Purchase and install three (3) ft. flexline with connector SY C.6 1 EA OPTION 2: $ Purchase and install brass red top gas shutoff valve C.7 1 EA OPTION 3: $ Purchase and install gas cock (or cap) `= C.8 1 EA FLAT RATE FEE: $ I Tune up or Service of Space Heater 50 D More or Gas Central Furnace Less D.1 1 EA Purchase and install Gas ER .85 50000 BTU $ D.2 1 EA Purchase and install Gas ER .85 75000 BTU $ 2- 1-511 D.3 1 EA Purchase and install Gas ER .85 100000 BTU $ ;L yG i DA 1 EA FLAT RATE FEE: $ I Tune up or Service of Gas Central Furnace 03Addend.doc LUU,D - K—Ut�D U� ITB #190-03/DC, Addendum #1 30 Gas Central Furnace with Electric E More or Air -Conditioning Less E.1 1 EA Purchase and install Gas ER .85 50000 BTU and $ SEER 10 COP 3.11 refrigerated air central 1 ton 1�14- E.2 1 EA Purchase and install Gas ER .85 75000 BTU and $ SEER 10 COP 3.11 refrigerated air central 1 1 /2 �� ton E.3 1 EA Purchase and install Gas ER .85 75000 BTU and $ SEER 10 COP 3.11 refrigerated air central 2 ton EA 1 EA Purchase and install Gas ER .85 100000 BTU and $ SEER 10 COP 3.11 refrigerated air central 2 1 /2_ ton J �� E.5 1 EA Purchase and install Gas ER .85 100000 BTU and $ SEER 10 COP 3.11 refrigerated air central 3 ton �O� E.6 1 EA Purchase and install Gas ER .85 100000 BTU and $ SEER 10 COP 3.11 refrigerated air central 3 1 /2 c4 ton E.7 1 EA FLAT RATE FEE: Tune up or Service of Gas Central Furnace with Electric Air -Conditioning 30 Electric Central Heat and Air Heat F More or Pump Less F.1 1 EA Purchase and install SEER 10, 1 ton heatpump $ f% F.2 1 EA Purchase and install SEER 10, 1 1 /2 ton $ heatpump F.3 1 EA Purchase and install SEER 10, 2 ton heatpump FA 1 EA Purchase and install SEER 10, 2 1 /2 ton $ heatpump F.5 1 EA Purchase and install SEER 10, 3 ton heatpump $ F.6 1 EA Purchase and install SEER 10, 3 1 /2 ton $ heatpump F.7 1 EA OPTION 1: $ Plenum replacement F.8 1 EA OPTION 2: $ Duct replacement per foot flex 8 03Addend.doc L-UUZ)- IC-'-)—v ITB #190-03/DC, Addendum #1 F.9 1 EA OPTION 3: S Combustion air for gas furnace q's `— 1 F.10 1 EA FLAT RATE FEE: $ Tune up or Service of Electric Central Heat and Air Heat Pump 25 G More or Wall Furnace Less G.1 1 EA Purchase and install 35000 BTU single wall $ furnace G.2 1 EA $ IALTERNATEI: Same item 21, double 65000 � c as except wall BTU G.3 1 EA OPTION 1: $ Purchase and install complete vent (flue) pipe << system for new furnace GA 1 EA FLAT RATE FEE: $ Tune up or Service of Wall Furnace 6 TOTAL FOR ALL OR NONE CATERGORYS "A THUR G" 100 H More or Water Heaters Less H.1 1 EA Purchase and install 30 gallon natural gas water $ heater with TPR valve and discharge line and water pan H.2 1 EA ALTERNATE 1: $ Same as item 1, except 40 gallon natural gas C 0 H.3 1 EA ALTERNATE 2: $ Same as item 1, except 30 gallon electric H.4 1 EA ALTERNATE 3: $ Same as item 1, except 40 gallon electric �. H.5 1 EA ALTERNATE 4: $ Same item 1, 30 ✓ as except gallon propane, H.6 1 EA ALTERNATE 5: $ Same as item 1, except 40 gallon propane 03Addend.doc 1TB #190-03/DC, Addendum #1 H.7 1 EA OPTION 1: $ Purchase and install flexible copper water supply c� <� lines to water heater SJ H.8 1 EA OPTION 2: $ Purchase and install brass shut off valve for cold water supply line to water heater H.9 1 EA OPTION 3: $ If water heater is in a bathroom will need combustion air tubes brought into closet and the ✓ door sealed H.10 1 EA OPTION 4: $ New gas connection if needed H.11 1 EA OPTION 5: $ Gas lines per foot H.12 1 EA FLAT RATE FEE: $ Tune up or Service of Water Heater TOTAL FOR ALL OR NONE CATERGORYS"H" Regular Standard Upright Top Freezer 200 Refrigerators (all white) More or Less Must come with the Energy Star Label maximum annual energy consumption of 489 kwh. 1.1 1 EA Purchase and install 14 cubic feet refrigerator $ 1.2 1 EA Purchase and install 16 cubic feet refrigerator $ 1.3 1 EA Purchase and install 18 cubic feet refrigerator $ TOTAL FOR ALL OR NONE CATERGORYS "I" *PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City wilt pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. 03Addend.doc L UU�>-C�U �)U-Is ITi3 #190-03/DC, Addendum #1 INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental, entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she wilt honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES � NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock wilt be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by govemmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY ���/ CP G �/� l �/% a corporation organized under the laws of the State of or a partnership consisting of or an individual trading as of the City of M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) :�d By Officer Name and Title: Please Print Business Telephone Number �U h �� FAX:_ FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: 03Addend.doc Z-UUt�--y'Ut)0S Energy Efficiency Standards All repairs, retrofits or replacements must be performed to meet all local codes (use Council of American Building Officials (CABO) when no code exists) in conjunction with the Department's Weatherization Assistance Program health and safety standards. Replacement appliances must meet Department prescribed minimum energy efficiency standards or better as follows: • Central Heat Systems Gas.......................................................ER(Efficiency Ratio [%]) _ .85 Electric......................................EER (Energy Efficiency Rating) - 10 COP (Coefficient of Performance) - 2.93.11 • Wall/Floor Furnaces and Vented Space Heaters: Gas (only) ER = .85 • Unvented Space Heaters must have a factory installed Oxygen Depletion Sensor System with automatic shutoff. Repair, replacement, or retrofit must reduce CO levels to 25 ppm or less. • Central Air Conditioners/Whole House Window/Through Wall Conditioners (220 volt) S EER =10 COP = 3.11 • Room Air Conditioners (120 volts) EER =10 COP = 3:11 • Water Heaters Gas EER-.49 to .62 Electric EER- .88 to .98 • Electric or Kerosene space heaters will not be allowed. S -5 ER - Energy Ratio EER - Energy Efficiency Rating COP - Coefficient of Performance OCT 14 2003 ;TB #190-03�Dc. Addendum 1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TM STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #1 ITB #190-03 / DC Community Development Repair or Replacement of High Energy Units October 10, 2003 October 16, 2003 The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Attached revised bid form, complete and return with your bid submittal. 2. Repair or Replacement of High Energy Units will be performed in the City of Lubbock and Lubbock County. 3. It is the intent of the Community Development Department to continue providing replacement of high energy units in the City of Lubbock and Lubbock County until October 31, 2004. Bid prices must be firm for one full year after the bid has been awarded to the successful primary bidder and secondary bidder. 4. See attached Energy Efficiency Standards. 5.QUESTION: Can I submit a bid for RFQ #03-189/DC Community Development Energy Efficiency Assessments and ITB #03- 190/DC Community Development Repair or Replacement of High Energy Units? If so will I be consider for both bids? ANSWER: Yes. If one vendor is the lowest for both bids, the Community Development Department at their discretion shall withdraw one of the two bids that will be most advantageous to the City of Lubbock. In the specification of #03-189/DC Community Development Energy Efficiency Assessments page 2 of 10 states 'The selected person or firm will be excluded from performing the actual work recommended". All bids will be evaluated and considered. All requests for additional information or clarification must be submitted in writing and directed to: Diana Caudillo, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to dcaudillo@mail.ci.lubbock.tx.us THANK YOU, CITY InDi OF LUBB0K C io Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 03Addend.doc Z_UU -'�> - iLv✓U5 ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units Community Development Repair or Replacement of High Energy Units CITY OF LUBBOCK, TEXAS ITB #03-190/DC THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME Et DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Community Development Repair or Replacement of High Energy Units per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, October 16, 2003, if date/time stamped on or before 3:00 p.m.at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a seated envelope or container plainly labeled in the lower left-hand corner: "ITB #03- 190/DC, Community Development Repair or Replacement of High Energy Units and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre bid meeting will be held at 10:00 a.m., October 9. 2003, in the Municipal Building, Engineering Conference Room 107, 1625 13'h Street, Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 03-190/DCITBBestVal.doc 9 1UU6 -IL010 U6 ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's resDonsibility to advise the Citv of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Diana Caudillo, Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: dcaudillo@mail.ci.lubbock.tx.us 4 ADDENDA Et MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments (addenda). 4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written ADDENDA issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be sent to all bidders who are known to have received a copy of the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days prior to the bid closing date. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 03-190/DOTBBestVal.doc 10 L-uvC)- lwloU '�) ITB t103-1901DC, Community Development Repair or Replacement of High Energy Units 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE BIDDERS LIST. 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaQine costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 03.190/DCITBBestVal.doc 11 LUv;�)- IL(Jt)U� ITB #03-1901DC, Community Development Repair or Replacement of High Energy Units 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other w 03.190/DCITBBestVal.doc 12 `u 05 - rw _JU :�) ITB #03-1901DC, Community Development Repair or Replacement of High Energy Units thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show contractor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BiND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on'a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable 03.190/DCITBBestval.doc 13 ITB #03-190JDC, Community Development Repair or Replacement of High Energy Units Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 13.8 Award will be made either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock as follows: Category A thru G, All or None Category H All or None Category I All or None 13.9 Award described herein will be awarded to a Primary Contractor and Secondary Contractor. The owners representative will provide the Primary Contractor with work orders, the work order will be for repair, replace or retrofit of appliances or HVAC that are not energy efficient. The owners representative at their discretion will determine when it will be at the best interest of the City to assign any work orders to the Secondary Contractor. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a contractor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. ~03-190MCIT1313estVal.doc 14 -WC)- VIUJv� ITB #03.190/DC, Community Development Repair or Replacement of High Energy Units 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidders expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. 16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidders or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractors qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; 03.190/DCITBBestVal.doc 15 ITB #03.190/DC, Community Development Repair or Replacement of High Energy Units b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI -LOBBYING PROVISION 18.1 ' DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 03.190/DCITBBestVal.doc 16 LVU,S-VUGj(_S ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units CITY OF LUBBOCK, TEXAS ITB #03-190/DC II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE 1. Worker's Compensation and Employers Liability AMOUNT Statutory If sole proprietor no worker's compensation if not see Risk Management Coordinator 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations , b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 3. Comprehensive Automobile Liability insurance, including Combined single limit for bodily injury and property damage of $100,000 per occurrence or its equivalent. Combined single limit for bodily injury and property Coverage for loading and unloading of $100,000 per occurrence hazards, for: a. Owned/leased vehicles b. Non -owned vehicles c. Hired vehicles or its equivalent. 03.190/DCITBBestVal.doc 17 ITB H03-190/DC, Community Development Repair or Replacement of High Energy Units ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Victor Kilman - Purchasing Manager City of Lubbock 1625 13th Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. __ _ 03.190/DCITBBestVal.doc 18 1063 - (Lo"JU�) ITB #03.19MC, Community Development Repair or Replacement of High Energy Unite CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. t/ � �Gr1 QS Contr or (Sig ure) Cont actor (Print) CONTRACTOR'S NAME: v/�G� C� / /lli �/� �✓�C �� (Print or Type) , CONTRACTOR'S ADDRESS: J/ f �V' Name of Agent/Broker: � .�) k)�I-p4s G Address of Agent/Broker: �-i t7 Q — City/State/Zip: Agent/Broker Telephone Number: (`]&L ) : 1 - 'D Date: 1 i U3 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 03-190/DC1TBBestVa1.doc 19 ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units II. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. SELLER FURTHER REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES ON OR AFTER JANUARY 1, 2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH EQUIPMENT OR PRODUCT WITH RESPECT TO DATE -DEPENDENT DATA, COMPUTATIONS, OUTPUT, OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR OMISSIONS AND AT NO ADDITIONAL COST TO THE CITY. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each d@livery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. 4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 5 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of 03.190MCITBBestVal.doc 21 iTB #03-190IDC, Community Development Repair or Replacement of High Energy Units packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 6 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday, except on City holidays, at the designated location. 7 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Setter for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Setter will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 9 Material Safety Data Sheets: Setter shall provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Shipment Under Reservation Prohibited: Setter is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 11 Title Et Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 13 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Setter if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 14 Special Tools E# Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filing �03-190MCITBBestVal.doc 22 2003 - �-0503 ITB p03-1901DC, Community Development Repair or Replacement of High Energy Units this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Setter as such. 15 Warranty -Price: a. The price to be paid by the City shall be that contained in Sellers bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Setter breaches this warranty, the prices of the items shall be reduced to the Setter's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Setter for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 16 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by the City will be at the Seller's expense 17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 18 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder, 19 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination' specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 20 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 21 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 22 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 03.190/DCITBBestVal.doc 23 ITS #03-1901DC, Community Development Repair or Replacement of High Energy Units 23 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 24 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 26 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same.' Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 27 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City wilt terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 28 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 29 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 03-190/DCITBBestVat.doc 24 4006 -- ►LU 0 () � ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (if you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: Address: City: State: Zip Contact Name: Business Telephone Number, Internet Address: Company's Internet Web Page URL: Title: FAX: 03-190/DCITBBestVal.doc 25 ITO #03-190I0C. Community Duvelopment Repair or Replaosment of High Energy Units THIS PAGE INTENTIONALLY LEFT BLANK W-190IDCITBBestVaWnc 26 �_/UU13 - KUSU6 ITB #03.190/DC, Community Development Repair or Replacement of High Energy Units City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: ' �'r,1_, Local Address (must be within the City limits): ry 1. Is the above address the principal place of business for the business named above? 2. How many residents of the City of Lubbock are employed at the above business location? ,L�U 3. Year your business was established in the City of Lubbock: 4. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 7S- " %6 � 4&Z ? — Company Name and Address (as it appears on permit): 5. Does your business have more than one office in the State of Texas? Yes 1/ No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 6. Was t local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes _ZNo Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from.,,bidding on C y of Lubbock products and services for a period of one (1) year. Authorized Signature: Date: 1OL 3 Printed Name and Title: 03-190/DCITBBestVal.doc 27 ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units CITY OF LUBBOCK COMMUNITY DEVELOPMENT REPAIR OR REPLACEMENT OF HIGH ENERGY UNITS SPECIFICATIONS A. OWNER'S REPRESENTATIVE 1. The owner's representative for this project will be Joe Rangel, Community Development Program Specialist, for the City of Lubbock. Owner's representative will coordinate work orders with Primary and Secondary Contractors. B PURPOSE OF THE PROJECT This is a State Grant Program that promotes energy efficiency. The ending date for this state grant program is December 30, 2003. C RESPONSIBILITIES 1. Contractors shall complete and return the bid forms contained in the ITB package. Failure to complete and return the bid forms may result in bid rejection. 2. All stated quantities on the bid form are estimates; actual quantities may be more or less. 3. Order quantities will be determined by actual need on the work order forms provided by the owner's representative. 4. Contractors shall guarantee their labor for 90 days, and all equipment purchased shall come with manufacture warranty. D SCOPE OF WORK 1. Contractor shall supply all necessary equipment and labor required to complete work orders provided by Owner's Representative. 2. All work shall be done during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, or as scheduled by the Owner's Representative. 3. 1 applicable Contractor shall be responsible for securing the proper permits and inspections as required by law from the City of Lubbock Building Inspection Department before work is started. All permits secured by Contractor will be reimbursed, Contractor must submit a copy of the permit provided by Building Inspection and if applicable copy of final inspection or release from Building Inspector. 4. The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools. The contractor shall restore all areas disturbed by his operations to their original condition satisfactory to the Owner's Representative. 5. Extra work done by the Contractor without authorization through the Owner's Representative, which is not shown on the work order, shall be considered as unauthorized work, and if performed shall be at the risk of the Contractor. 03.190/DCITBBestVal.doc 29 ITB #03-190/DC, Community Development Repair or Replacement of High Energy Units All work orders provided to the Contractor, must be completed no later the December 30, 2003. 7. The Contractor shall submit all invoices for this project to Joe Rangel, Community Development, Program Specialist, City of Lubbock, 1625 131h Street Lubbock, Texas. 8. The Contractor shall request payment for services as outlined in the work order. The Contractor will provide a detailed bill as listed on the work order. Billing must be received once the Contractor completes the job. Invoices will only be paid after services are rendered and the Owners Representative has made the final inspection. 03-190/DCITBBestVal.doc 30