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HomeMy WebLinkAboutResolution - 2006-R0454 - Contract - Lubbock Heating & Air Conditioning - Maintenance Services - 09_28_2006Resolution No. 2006-RO454 September 28, 2006 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract (ITB 06-065-MA) by and between the City of Lubbock and Lubbock Heating & Air Conditioning of Lubbock, Texas for maintenance services for building environmental -mechanical systems, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28Lh day of September , 2006. DAVID A. MAMLER, MAYOR ATTEST: Reb ca Garza, City Secretary APP VED AS TO CO TENT: Freddy Chavez, Civic Services erector APPROVED AS TO FORM: D n Vandiver, Attorney of Counse DDrmq_ubbockHeating&AiT06ConRes September 20, 2006 06-065-MA Maintenance Services for Building Environmental Mechanical Systems Resolution No. 2006-RO454 CITY OF LUBBOCK September 28, 2006 CONTRACT FOR SERVICES Item No. 5.10 For Maintenance Services for Building Environmental Mechanical Systems at Civic Center and Auditorium/Coliseum Bid No. 06-065-MA THIS CONTRACT, made and entered into this 28th day of September, 2006, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Lubbock Heating and Air Conditioning ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Maintenance Services for Building Environmental Mechanical Systems at the Civic Center, Auditorium and Coliseum, and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said maintenance services for building environmental mechanical systems. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the maintenance services for building environmental mechanical systems specifically referred to as Item(s) No. 1 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 3. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 4. The initial term of the contract shall be for one year. The agreement shall be automatically renewable for an additional two years, subject to written cancellation by either party by June 30th of each calendar year. The Contract amount shall be increased each year according to the Other Goods and Services Consumer Price Index, 12 months un-adjusted percent change, issued on August 31, by the US Bureau of Labor and Statistics. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical systems 5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability insurance, per occurrence, in an amount not less than $1,000,000 including coverage for the following: Products /completed operations Personal & Advertising injury Contractual Liability Automotive Liability insurance, per occurrence, in an amount not less than $500,000 combined single limit including coverage for the following: Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 06.065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 7. This Contract consists of the following documents set forth herein; Invitation to Bid #06-065- MA , General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK David A. M61er, Mayor ATTEST: JD Re cca Garza, City Secretary AP OVED AS TO C NTENT: Freddy Cha z, ivic ervice rector A VED AST FO In � oM .�A AMistant City Attorney CONTRACTOR BY Authora ed Rep ntative Lubbock Heating & Air Conditioning Address: 7902 Oakridge Ave. Lubbock, Texas 79424 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems SUBMIT TO: t 6 CITY OF LUBBOCK I CITY OF LUBBOCK TEXAS Purchasing &Contract Management fj 1625 13u' Street, Rm 204 (f Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #06-065—MA TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Maintenance Services for Building Environmental SUBMITTAL DEADLINE: Mechanical Systems September 6, 2006, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: August 30, 2006 @ 10:00 Am' hrdv received after the time and dare listed above, regardim of the A.M., at City Hall, Purchasing Conference Room 204, 1625 13rh mode of dellmy, shall be refumed unopened. Street, Lubbock, Texas. RESPONDENT NAME: LABEL THE Oil7'SIDE OF YOUR SEALED BID WITH THE ITB NUMBER, CIBBOCK HEATING &AIR CONDITION I HE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 7902 OAKRIDGE AVE. IF RETURNING AS A "NO BID', PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT LUBBOCK, TEXAS 79424 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: 8 0 6 — 7 9 6 — 2 2 8 6 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 8 0 6 — 6 9 8 — 61 0 5 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO, OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 8 7 — 0 7 2 9 0 9 7 RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM 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 he 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.XX 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, HERESY 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 HIND 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. 1 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 acquFt. der the Anti-trust laws of the United Slates and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purecqu 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 endor. OWNER Authorized Signetury �� Tide S-VONBERG 9/05/2006 Pnntrrype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems BID FORM Maintenance Services for Building Environmental Mechanical Systems CITY OF LUBBOCK, TEXAS ITB #06-065-MA In compliance with the Invitation to Bid N06-00-MA, 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 006-065- MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM Maintenance Services for Building Environmental Mechanical Systems at Lubbock Memorial Civic Center and Municipal Auditorium / Coliseum Annual Contract Rate Year 1: $ 86,436-00 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 will 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 he 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_ MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower pric0s) is effective. TNTERLOCAL 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 will 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, Labbock 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, Lyn County, mod City of Wollforth. YES XX NO a 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 governmental 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 materiaWservice as needed. THIS BID IS SUBMITTED BY LUBBOCK HEATING & AIR COIND . a corporation organized under the laws of the State of or a partnership consisting ofMARK V ONBERG / DAV I D NEL SONor an individual trading as ofthe City of LUBBOCK LUBBOCK HEATING & AIR CONDITIONING Address: 7902 OAKRIDGE AVE- M/W11E Firm: By Officer Name and State: TX Zip 79494 Hisoanic Americana I I Asian Pacific American I I Other (Snecifv) I ARK VONBERG — Representative - mast sign by hand OWNER Please Print Business Telephone Number 8 0 6— 7 9 6— 2 2 8 6 FAX. 8 0 6— 6 9 8— 61 0 5 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems Maintenance Services for Building Environmental Mechanical Systems CITY OF LUBBOCK, TEXAS ITB #06-065-MA 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. 1. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Maintenance Services for Building Environmental Mechanical Systems per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, September 6, 2006, 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 SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #06r065-MA , Maintenance Services for Building Environmental Mechanical Systems at Civic Center and Auditorium/Coliseum" 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: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 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 teiefacsimile 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. PRE -BID MEETING 2.I 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.. August 30 2006 at Citv Hall. Purchasing Conference Room 204. 1625 13`' Street. Lubbock. Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 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 06-065-MA. doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 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 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 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: Marta Alvarez, Purchasing Manager City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: http: ",,+%%,�S.RFPdepot.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, 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 available over the Internet at http:. �i�tiu.RFPdepgt.a�m and will become part of the proposal 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. 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. 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. BID SUBMITTAL 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATEITIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 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 packaging 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. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay 4ay 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. 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 06-065-MA.doc 10 11 12 13 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 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 CONFIDENTIALIPROPRIETARY is not in conformance with the Texas Open Records Acct. 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. 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, 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. I L2 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 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. AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor 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. 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; 06-065-MA. doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 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 bidders 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 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 In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 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 is 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 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will he the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior 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. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. 16 QUALIFICATIONS OF BIDDERS 16.1 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 Bidder's or his Subcontractor's qualifications. 16.2 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 Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; 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. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE 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. 17.2 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. 18 BONDS, INSURANCE AND INDEMNITY 18.1 No bonds are required to be submitted with this bid. 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section I1. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agentlbroker(s) must accompany each bid. 06-065-MA.doc 06-065-MA Maintenance Services for Building Fnvironmental Mechanical Systems 18.3 The successful bidder agrees to 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 there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUS[NESS RESOURCES 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 Manager. 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. 21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 21.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 21.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. 21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility_ 22. TERM 22.1 All services shall be provided for an initial period for one year. The agreement shall be automatically renewable for an additional two years, subject to written cancellation by either party by June 30th of each calendar year. The Contract amount shall be increased each year according to the Other Goods and Services Consumer Price Index, 12 months un-adjusted percent change, issued on August 31, by the US Bureau of Labor and Statistics. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid We want to facilitate your 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. !f you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-1165. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems Maintenance Services for Building Environmental Mechanical Systems CITY OF LUBBOCK, TEXAS ITB #06-065-MA 11. 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 CrIY 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): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000, Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to the following: Any Auto 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. 06-065-MA.dor 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 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 primary 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: Marta Alvarez - Purchasing Manager City of Lubbock 1625 13'h Street, Room 204 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. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, 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. MARK S. VONBERG Contractor Ognature)r Contractor (Print) CONTRACTOR'S NAME: LUBBOCK HEATING & AIR CONDITIONING (Print or Type) CONTRACTOR'S ADDRESS: 7902 OAKRIDGE AVE. LUBBOCK, TX. 79424 Name ofAgent/Broker: CAM FANNIN INSURANCE Address of AgentBroker:1 81 0 - 5 0 th S T . City/State/Zip: LUBBOCK, TX. 79412 Agent/Broker Telephone Number:( 806 ) 7 4 7- 4 4 21 Date: 09/05/2006 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. 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems III. 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. Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services arc required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Nonapprovriation: 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 will 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. Invoices:. Contractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. 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 he due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CfTY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 No Warranty By The City Against Infringements: As part of the contract for sale, Contractor 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 Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor 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, Contractor will save The City harmless. If Contractor 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. 5 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the foam of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, 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 Contractor in providing such gratuities. 6 Force Majeure: 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. 06.065-MA. doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems 7 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 8 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) 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.) 9 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. 10 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry'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. I l Unsatisfactory Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. 13 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. 14 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard_ To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 06-065-MA.doc 06-%5-MA Maintenance Services for Building Environmental Mechanical Systems 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: Marta Alvarez Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 06-065-MA 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 City:_ Contact State: Zip Title: Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A -I 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: LUBBOCK HEATING & AIR CONDITIONING Signature of Company Official: Date Signed: 09/05/2006 Printed name of company official signing above: MARK S . VONBERG 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez Purchasing Manager City of Lubbock 1625 13`u' Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: LUBBOCK HEATING & AIR CONDITIONING Local Address (must be within the City limits): 7902 OAKRIDGE AVE. Address of the company's principal place of business within the United States: LUBBOCK, TX. 79424 1. How many residents of the City of Lubbock are employed at the above business location? 4 2. Year your business was established in the City of Lubbock: 2 0 0 4 I For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: # 8 7— 0 7 2 9 0 9 7 Company Name and Address (as it appears on permit): LUBBOCK HEATING & AIR CONDITIONING 41 (12 NCR 1 700 SHALLOWATER, TX. 79363 4. Does your business have more than one office in the State of Texas? Yes XX No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? XX Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? xx Yes No 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 thy.2jiy in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) y Authorized Signature: Printed Name and Title: MARK S . l7 Date: 09/05/2006 06-065-MA.doc 06-065-MA Maintenance Services for Building Environmental Mechanical Systems CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY MARK S . VONBERG being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. LUBBOCK HEATING & AIR CONDITIONING NAW OF FIRM SIGNAT OF B OWNER TITLE Subscribed and sworn to before me this day of (' 20aG Notary Public in and for the State of Texas residing at r CASSIE POLL( MrTwall s So oe 10 C'cca��� NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 06-065-MA.doc SPECIAL CONDITIONS As part of this proposal, the Bidder shall submit for evaluation a comprehensive and detailed technical, financial and business prospectus, descriptively outlining his ability to adequately and satisfactorily perform the services as requested in this specification. K. It is the intention of this specification to establish and define those services that are to be performed and, in addition, to determine the capability and experience of the Bidder desiring to provide such services to the City of Lubbock facilities- L. Requirements for Bidders: 1. All bidders shall visit the job site and become thoroughly familiar with the facilities and equipment prior to submitting a proposal. No proposal shall be accepted from any Bidder unless it has been verified that there has been a visit and inspection of all equipment at each location by qualified persons prior to submittal. 2. At the time of bidding the Bidder and service personnel shall be fully licensed by the State of Texas to do business at the job site and to provide a complete service_ 3. Services that are to be provided shall be performed by qualified and trained service personnel that are directly employed by the Contractor. Subcontracting portions of the System or services requested in these specifications shall be allowed with prior consent of the City Purchasing Manager. All proposed subcontractors shall be listed in the bid proposal submittal. 4. Personnel must be employed by the successful bidder during the life of this contract. If at any time required personnel are not available for service work, the Contractor will be required to pay all cost accrued to effect proper maintenance on systems covered by this contract. A minimum of two (2) of these personnel shall be properly certified, thoroughly trained, and qualified to repair, service and calibrate the automation systems used to control the heating and cooling in these buildings. M. All prospective bidders must submit Proof of qualifications and a list of maintenance personnel to maintain the equipment at each location. Technician Home Years Employed 1. MARK VONBERG 796t�-22f36 by om 2. ERIC VONBERG 796-2286 2 3, SHAUN TEETER 79 -2286 1 4. 6. N. Specifically, piping and insulationZasbeenxcluded from this maintenance contract. When control valves or equipment must be removed and replaced or repaired, the attached piping and insulation that is affected by this work shall be repaired, at additional cost to the Owner, with approved repair quotation, as specified herein. O. The Contractor shall submit, along with his invoice for scheduled completed work, a Monthly Service Report to the Owner. Upon receipt of the Contractor's invoice and Monthly Service Report, the City of Lubbock shall make a monthly lump sum payment to the Contractor. SPECIAL CONDITIONS 2 OF 4 SPECIAL CONDITIONS II. QUALIFICATIONS OF BIDDERS A. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work each bidder shall furnish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if evidence submitted by or investigation of such bidder fails to satisfy the Owner such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. B. Although cost will be a prime factor in the awarding of the Maintenance Services Contract, it is absolutely essential that each bidder financially and operationally capable of providing the requested services and possesses the necessary qualifications and experience to satisfy the contractual obligations of the agreement. Bidders are required to provide all of the data that would assist the City of Lubbock in evaluating a bidder's overall ability to perform the requested services. The City's determination in this regard will be a key factor in the awarding of fe contract. C. The bidder must also submit. with the bid a list of at least six (6) Reference clients with similar or_.laMer full ncspQnsibilit, cot bngtS. Please use company letterhead for this information. The format shall be as follows: Years Annual Company Under Contact Telephone Contract Building Type of Name Dirac! Name Number mount Sizes_ RX D. The following requirements shall be considered as the minimum standard for a Bidder to be considered as qualified to provide services under this contract, and shall be prerequisite to any award. A minimum period of 10 years experience in the performance of HVAC maintenance as specified. 2. The Bidder shall rnaintain a field office and/or warehouse that is within three hours travel time of the City of Lubbock facilities. 3. The Bidder shall employ a minimum of three (3) fi,ll-time competent servicemen who reside within three-hour travel time of the iob site. The Bidder must also employ a professional staff educated in mechanical and electrical fields, with electrical, water treatment, refrigeration, boilers, pneumatic and electric control systems personnel, who have a minimum of 5 years experience in the above specialties. E. The Bidder shall demonstrate they own the proper tools and test equipment to maintain all the systems under contract. The bidder must own the following tools and test equipment and be able to document their use on a reasonable number of contracts of comparable size in a similar climatic area: Combustion efficiency test equipment, water conductivity tester, vibration detector, water treatment chemical drop test kit, micrometer, conductivity tester, refrigeration oil test kit, electronic refrigeration leak detector, refrigerant pump down and refrigerant recovery equipment, voltmeter, arrrpmeter, and amprobe. Documentation must be attached to the Bid Proposal submitted. F. In addition, the bidder shall have access to central parts supply warehouses whose inventories include all replacement parts for any components in the system under contract to ensure fast SPECIAL CONDITIONS 3 OF 4 SPECIAL CONDITIONS availability in emergency situations. This includes all temperature sensors, controllers, dampers, valves, actuators, relays, air compressors, and boiler controls. END OF SECTION SPECIAL CONDITIONS 4 OF 4 F� L. _ : K AIR CHIN *• IONING Mark vonBerg 1 Owner David Nelson / Owner 7902 Oakridge Ave. Lubbock, Tx. 79424 Tele # (806) 796-2286 Fax # (806) 698-6105 TACLA020770E YEARS ANNUAL TYPE COMPANY UNDER CONTACT TELE CONTRACT BUILDING OF NAME CONTRACT NAME NUMBER AMOUNT SIZE SYSTEM STATE INSTALLED NEW RANDY (505) 108,000.00 4 CHILL NATIONAL 150 TON CHILLER McMH LIAN 521-1535 STORIES WATER BANK 2 YEARS AGO MULESHOE INSTALLED NEW BUILDING (900) 69,792.00 MEDICAL CHILL AREA 125 TON CHILLER ADMINIST. 770-6262 COMPLEX WATER MEDICAL 1 YEAR AGO CENTER HASTINGS 3 MONTHS JOHN (806) 1713.60 RETAIL PACKAGE WHISNER 785-8828 CENTER UNITS BINGO EXPRESS DO ALL ROD (806) 36,634.00 21,0W sft OT TAL & H MAINTENANCE BROWN 762-1975 16,000 sft 36 PACKAGE FAITH CLUB 14,000 sft UNITS & FAITH CENTER 10,000 sft 9 SPLIT VIENS & WOMENS 5000 sft SYSTEMS JSDA-LUBBOCK TOM (806) 7630.00 MAHAN 470-0117 ENVIRO. SYSTEMS CHILL WATER & ENvmO. SPLIT SYS. TECHNICAL SPECIFICATIONS Technical Specifications Maintenance Services for Building Environmental Mechanical Systems � y E OF RAM80.1 6377� !i At Lubbock Memorial Civic Center And Lubbock Municipal Auditorium/Coliseum Prepared by Fanning, Fanning, Fanning & Associates 2555 70 Street Lubbock, Texas 79423 August 2006 TECHNICAL SPECIFICATIONS 1 OF 5 Index for Maintenance Services for Building Environmental Mechanical Systems at Lubbock Memorial Civic Center and Lubbock Municipal Auditorium/Coliseum 1. Technical Specifications I15 2. Special Conditions 1/4 3. Procedures for Preventative Maintenance 1112 4. Summary of Equipment— Auditorium/Coliseum 1/13 5. Summary of Equipment— Civic Center 1/19 6. Monthly Preventive Maintenance Log — Auditorium 1/9 7. Monthly Preventive Maintenance Log — Civic Center 1/14 8. Monthly Emergency Service Log I Appendix A: Annotated Drawings for Lubbock Memorial Civic Center Appendix A: Annotated Drawings for Lubbock Coliseum . .— Iuu1 1 17)IIII II (FRK)806 747 3040 P.002/002 A.CDRD OP, Ib RATE (MAIIDDM'YY) CERTIFICATE OF LIABILITY INSURANCE LuES-29 1 09 vs o6 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cam Fannin Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 6745 ALTER THE COVERAGE AFFORDED I5Y THE POLICIES BELOW. Lubbock TX 79493-6745 Phone: 806-747-4422 Pax: 806-747-3040 INSURERS AFFORDING COVERAGE # INSURED INSURER A- Union Standard Lloyda ins. .AI����C 43435 _ Hinting & Par Ik5I1RFR R- r; .ptCogt+ Inauni..a:., -erF.n ny Conditioning Canditiosinara� INSURER C. Union Insurance company P Y 25844 LubbockkTX .. I+rSURERD: 79424 - IN'SURCR C: COVERAGES I HF IKII ICIES OF INSURANCE LGTff ) MI-1 ()W HAVE BEEN =Ztj TO i HF- INtAIRED NAMED ADQVL r()H t HF_ POLfCY PERIOD INDi(:A I H) WITWrFt ISTANDING ANY PF(A I!>t+-MfN 1, TERM OR CONDFItON CIF ANY i. 4oN PRACT OR 071ICR OCK:IIMF- N I WITH RESPECT TO WHICH I HIS GERTINC ATE MAY HF ItitiUED OR MAY r'ERTA:N. TI IC I W IJRAN(:F nFFI)RI>P:D BY THC F`OUCIUS OPSCRI14H) HEREIN IS SUBJECT IO M r. THE TERMS, CXCLU MON; ANI ) f,ONDfiYJNS or SI)(:H FOLIC IGS. AGGkI GAI F I IMI75 SHOWN MAY ItAVF HI-f-N RFUUCED BY PAIDCLANa;. NSR �AADDD' P LILY EFFECTIVE t'IRATION I LTR (NSR FYPE OF INSURANCE POLICY NUMBER I DATE (MMIO& I LIME ( ImTpIYY) 1 uM4TS GENFRAL LIABILITY C X ' X I COMUCRGM (:r-NFHAL LIABILITY CYA4157159 C1 AIM; MAI)E Ii OCCUR GENT AGGREGATE LIMIJ APF4 I1-g PER. POLICY)fL)j LOC j AUTOMOBILE UARILITY A X X ANY AUTO CAA4157157-12 ALL OWNED AUTCA as^CI IGD(II FI1 ALII[I$ HIRFU All I0Li I NON{IWNED AUTOS I GARAGE UABILITY I I ANY AI f 11 i EXCE55A)MBRELLA L"JLTY OCCUR ' I CI AIM`; MADE ul-u(x; r IRLF Hi- IFNI ION S WONKERS COMPENSATION AND EMPLOYERS' LIABILITY F(TtT30023$4E-01 ANY RtOPRIF W I Okn'ARI NERJEXECUTE OFFICFR'IMFMHFR f•XC:LUDED? FAGH OCCURRENCE AMA(sH rQ RENT'CD—' 06/28/06 06/26/07 PHFMI$ES I& u(;cur uncr NED CXP {Any nna Peu� )n1 PF.RSONAI KADVINJURY (¢FNERALAGGREGATE Vw( DUCTS COMPX)P A(;(j I CCIMKINFI) SINGLE LIMIT 05/11/061 05/11/07 1 O-AArc4dunly $1000000 1100000 S 5000 $1000000 _ s2000000 _ Y2000000 5500000 BODILY INJURYL (FrI prrnn) 001`311 Y INJURY S (Hrar afr%I m1 t) PROPERTY DAMAGE $ (f1w atuidet,Q AUT0ONLY .F%AA4;(:n)FNT S OTHER IMAN fA ACC 5 A4110 UN( Y. AGG i I-AI;H MCURRCNCC 3 aCCRECATC S �L S I: 05/26/06 1 05/265/07 I E.L.EACIIACCIDEki S 100000 FDISCA-Ir r=A FMPI Oyk!E L 100000 .L.DLSFs.;F-PL)LIC:YLiMR j S 500000 ❑CSCRIPTrON OF OPERATIONS / LOCATIONS I VFHICLES I EXCLUSIONS ADDED BY FNDORSEMENT I SPECIAL PROVISIONS The City of Lubbock is named as a primary addl insd on the genmiral liability Primary subject to the terms and conditions in part TV general conditions of the general liability coverage form.A waiver of subrogation is attached to tha general liability & workers compensation w/respect to bids.The City of Lubbock is shown as an addl insured on the suto.Bid906-065MA CERTIFICATE HOLDER CANCELLATION LUSBOG4 SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BL CANCEI LED BEFORE THE tXP RAMN DATE THEREOF, YHE 165UING INSURER WILL ENIJFlaVPR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I EFT, BUT FAILURE TO 00 50 SHALL City of Lubbock IMPOSE NO OBLIGATION OR LIABILJTY OF ANY KIND UPON TI IF INSURkR, ITS AGENTS OR Building Inap(r<atlan Dept RIePHEf+ENTATIVE9. P. 0. Box 2000 Lubbock TX 79408 AurI�RlrtyREFREtrgT ACORD 25 (2001108) V ACORD CORPORATION 1