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HomeMy WebLinkAboutResolution - 2005-R0209 - Renewal Service Agreement With The Trane Company - 05_26_2005Resolution No. 2005-RO209 May 26, 2005 Item 13 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 Renewal Service Agreement with The Trane Company, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 26th day of May , 2005. ,01MARt'M94DOUGAL, MAYOR ATTEST: ) 2 Rebecca Garza, City Secretary AS TO CONTENT: Loomis, :)r of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Sh/cityatt/Linda&ccdocs/Renewal Service Agreement- Trane May 15, 2005 CONTRACT NO. ,6085 p p Lubbock Office P.O. Box 3963 Lubbock, TX. 79452 Phone (806) 747-0266, Fax (806) 744-1033 SERVICE AGREEMENT Renewal Agreement Prepared For: Lubbock Intematonal Airport 6100 MLK Blvd PO Box 2000 Lubbock,Texas 79403 Attention: Kathy Terrell Lubbock Intematonal Airport 6100 MLK Blvd Lubbock,Texas 79403 Project: TLP2942 City of Lubbock 1625 13`h Street Lubbock, Texas 79401 lMcDoug I Mayor Date:��%� ATTEST: Rebecca Garza City Secretary D AS TO CONTENT: of Aviation APPROVED AS TO FORM: City Attorney TRANE ACCEPTAN 44�Z- -Ro—WbUtton\— Contracts Administrator AGREEMENT NO. TLP2942 SERVICE AGREEMENT PROJECT AND LOCATION: Lubbock Internatonal Airport 6100 MLK Blvd Lubbock,Texas 79403 The Trane Company, herein referred to as Trane, agrees to furnish services in accordance with the "General Terms and Conditions" and attached "Schedules." This AGREEMENT shall become effective only upon acceptance by CUSTOMER and approved by Trane. EQUIPMENT TO BE SERVICED: Manufacturer EquipmentType UnitModelNo UnitSerialNo Trane Chiller CVHE-032 L88FO2743 —Centrifugal Trane Chiller CVHE-032 L94JO9303 —Centrifugal Trane Chiller CVHE-032 L91 BO1241 —Centrifugal [Trane lControls racer L 100 E941_00130 SERVICES TO BE RENDERED: Quantity Equipment Schedules 3Brush condenser tubes 600 tubes/day) CDS-210 3 Trane CVHE/CVHF <500 tons CTV-210A, CTV-230 3 RACER 100 1 & L CNT-130, Page 2 AGREEATENT NO. TLP2942 PRICING AND ACCEPTANCE Texas Trane Service Agreement Texas Trane agrees to inspect, maintain and repair the equipment listed under the "Equipment Coverage" section hereof (the "Eqaipraent") according to the terms of this Service Agree_nero., including the "Terms and Conditio s and "Scope or Services" sections hereof. Tc-xas Trane agrees to give prefer-ntial service to Customer over non- contract customers. Service Fee Customer agrees to pay $20,784.00 per year over the 5 year(s) of this Agreement, payable in be amount of $1,732.00 Monthly, not including tax, to Texas Trane as the fee (the "Service Fee") for the inspection, maintenance and repair services described in the Scope of Services section hereof with respect to the Equiptacnt. The Service Fee is subject to adjustment as provided in the Terms and Conditions. Term The initial term of this Service Agreement shall be 5 year(s) effective May 22, 2005 through May 21, 2010, provided that Texas Trane wiL have no obligation io Customer prior to approval of this Service n gretment in wri6-ig as provided below by an authorized representative of Texas Trane. SUBMITTED BY: Charlie Beaty TITLE: Account Manager 'ACCEPTANCE Wr , Representative " 19ire-e or W r4via fim Title Acceptance Date DATE: April 20, 2005 TRANE ACCEPTANCE: ��d,-4. X? - Autha iz a esenta Ive y ey"Ve M ti Title .:2 Acceptancebete Page 3 AGREEMENT NO. TLP2942 SCOPE OF SERVICES SELECT SERVICE MAINTENANCE PROGRAM Routine maintenance inspections are performed throughout the year. The Schedules of Maintenance Form provides a summary of the schedules and types of inspections. EMERGENCY SERVICE This coverage includes all emergency calls between inspections as required for purpose of diagnosis of trouble, adjustment, and resetting controls. MAJOR REPAIR LABOR This includes all labor to diagnose, repair, or replace failed components of the equipment covered under the provisions of this agreement. REPLACEMENT PARTS AND COMPONENTS Parts, refrigerant, oil, and other material to complete repairs are furnished under this agreement. INSPECTIONS This coverage includes one comprehensive annual inspection and 3 periodic maintenance inspections per year. WRITTEN REPORTS Written reports will be provided to the customer representative following each regular inspection or emergency call. PREFERENTIAL SERVICE AND CONTRACT SERVICE RATE This contract includes preferential service to the customer over non -contract customers. For work outside the scope of service, the specified contract rate applies. This rate is subject to adjustment. Contract Service Rate: 10.00% discount off current published rate per hour straight time. Page 4 The following "Terms and Conditions" are attached to and made apart of the Service Agreement ("Agreement's between the named Customer and The Trane Company, a division of American Standard Inc. 1. Term and Service Fee Adjustment. The initial Tenn of this Agreement shall be as stated in the "Pricing & Acceptance" section hereof. Thereafter, this Agreement shall be deemed renewed on a year to year basis until terminated as provided herein. Trane reserves the right to renegotiate the Service Fee effective with each annual renewal of this Agreement upon forty-five (45) days written notice in advance of the scheduled expiration date. Automatically renewable agreements are cancelable by the written notice of either party to the other (for any reason or no reason) no later than thirty (30) days prior to the scheduled expiration date. The Service Fee is based on performance during regular business hours. 2. Payment and Taxes. Payment is due upon receipt of Trane's invoice. Except as may otherwise be provided in the "Service Fee" section, annual Service Fee amounts shall be paid in advance of performance of the Services. Interest of IY.%on unpaid balances may be charged by Trane. Without liability to Customer, Trane may discontinue services whenever payment is overdue. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Trane or, altematively, shall provide Trane with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Trane in attempting to collect amounts due. 3. Termination. This Agreement maybe terminated by either party upon a material breach by the other party of its obligations hereunder upon fourteen (14) calendar days prior written notice to the breaching party and the failure of the breaching parry to cure the breach within such fourteen (14) day period. Notwithstanding anytermination, Customer shall remain liable to Trane for any amounts for services provided by Trane and not then paid. 4. Acceptance. This Agreement is subject to Customer acceptance in writing delivered to Trane within thirty (30) days from the date hereof. 5. Performance. Trane shall perform the services described in the "Scope of Services" and "Service Program' sections of this Agreement with respect to the listed Equipment with reasonable promptness in a workmanlike manner in accordance with industry standards generally applicable in the area. Except as otherwise provided in writing in "Scope of Services; Services will be performed during Trane's normal business hours and any after- hours services shall be billed separately according to then prevailing overtime or emergency labor rates. Trane's duty to perform under this Agreement and the Service Fee are subject to the approval of Trane's credit department, are subject to Events of Force Majeure, and contingent upon the ability to procure materials from the usual sources of supply. Upon disapproval of the credit department or upon the occurrence of any such event as aforesaid, Trane may delay or suspend performance or, at its option, renegotiate Service Fees, and/or terms and conditions with the Customer. If Trane and Customer are unable to agree on such revisions, this Agreement shall be canceled without any liability, other than Customer's obligation to pay for services rendered by Trane to the date of cancellation. This Agreement presupposes that all major pieces of equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Equipment being in a maintainable condition. if initial or seasonal startup is included in the services, or an inspection by Trane prior to commencement of the services, indicates repairs are required, Trane will provide a quotation for such repairs. If Customer does not authorized such repairs, Trane may remove the unacceptable Equipment from the "Equipment Coverage" or "Scope of Services" sections of this Agreement and adjust the Service Fee accordingly, or at Trane's option, cancel this Agreement. During the Tenn, Trane may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Trane and shall in no event shall became a fixture of customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with providing service on Customer equipment. Trane reserves the right to remove such items at its discretion. 6. Customer Obligations. Customer shall: a. Provide Trane reasonable and safe access to all Equipment; b. Reimburse Trane for services, repairs, and/or replacements performed by Trane beyond the "Scope of Services" or otherwise excluded hereunder. Such reimbursement shall be at the then prevailing overtime/holiday rates for labor and prices for materials and may at Trane's option be subject to a separate written agreement prior to its undertaking such work; and C. Unless water treatment is expressly included in Trane's Scope of Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Trane. 7. Exclusions. Unless expressly included in "Scope of Services" or "Equipment Coverage," the services to be provided by Trane do not include, and Trane shall not be liable for, any of the following: a. Any guarantee of room conditions or system performance; b. Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment and interconnecting power wiring; recording or portable instruments, gauges or thermometers; any pipe covering or insulation containing asbestos, or non -maintainable parts of the system such as unit cabinets, shells, ductwork, electrical wiring, hydronic piping, structural supports, boiler refractory material and shells, storage tanks and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; C. Repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, improper operation, unauthorized alteration of Equipment, accident, negligence of Customer or others, damage due to freezing weather, calamity or malicious act; d. Any damage or malfunction resulting from freezing, contamination, corrosion or erosion on the water side of the equipment or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Trane as part of this agreement; e. Furnishing any items of equipment, material, or labor, or performing special tests recommended or required by insurance companies or federal, state, or local governments; I. Failure or inadequacy of any structure or foundation supporting or surrounding the Equipment or any portion thereof; g. Building access or alterations that might be necessary to repair or replace Customer's existing equipment; h. The normal function of starting and stopping the Equipment or the opening and dosing of valves, dampers or regulators normally installed to protect the Equipment against damage; i. Any responsibility for design or redesign of the system or the Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; and j. Any services. claims, or damages arising out of Customer's failure to comply with its obligations under this Agreement. S. Warranties. (a) Trans manufactured material supplied is warranted be free from defect in material and manufacture for a period of twelve months from date of start-up or replacement and Trane's obligation under this warranty is limited to repairing or replacing the defective part at its option; (b) labor is warranted (to have been property performed) for a period of 90 days from completion and Trane's obligation under this warranty is limited to correcting any improperly performed labor; and (c) non-Trane equipment and/or parts are not warranted by Trane and shall have such warranties as are extended to Trane by the respective manufacturer. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. 9. Indemnity and Liability. Trane and Customer shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or agents. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. NOTWITHSTANDING ANY CONTRARY PROVISION, NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS. 10. Asbestos and Hazardous Materials. Trane's services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Trane become aware of or suspect the presence of Hazardous Matenals, Trane may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and ail action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Trans. Trane shall be required to resume performance of the services only when the affected area has been rendered harmless. 11. Insurance. Trane agrees to maintain insurance in the following minimum amounts during the Term: Commercial General Liability — $1,000,000 per occurrence Automobile Liability — $1,000,000 CSL Workers Compensation — Statutory Limits 12. Force Majeure. Trane shall not be considered to be in default hereunder when a failure of performance is due to an Event of Force Majeure. An "Event of Force Majeure' shall mean any cause beyond the control of Trane and which by the exercise of due diligence Trane could not reasonably have been expected to avoid and which it has been unable to overcome. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God and the public enemy; flood, earthquake, tornado, storm, fire; civil disobedience, labor disputes, labor or material shortages, or sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by the fault of Trane. If Trane is rendered unable to fulfill any of its obligations under this Agreement by reason of an Event of Force Majeure it shall give prompt written notice of such fact to Customer and Trane's obligations shall be suspended until removal of the Event of Force Majeure. 13. Services Other Than Solely Scheduled Service. If Trane's services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Trane being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Trans, unless approved by Trane in writing, may, at Trane's option, terminate Trane's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fee shall be made; and (c) Customer shall (i) promptly notify Trane of any unusual performance of Equipment; (ii) permit only Trane personnel to repair or adjust Equipment and/or controls during the Tenn; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 14. General. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. If any part of this Agreement is deemed to be unlawful, invalid, void or otherwise unenforceable, the rights and obligations of the parties shall be reduced only to the extent required to remove the invalidity or unenforceability. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Trane. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. Except as provided for Service Fee adjustments, no modifications, additions or changes may be made to this Agreement except in a writing signed by both parties. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 1-26.130-7 (1101) Page 5 4-21-05; 8:10AM;TEXAS TRANE LUBBOCK ;8067441033 # 2/ COMPREHENSIVE ANNUAL INSPECTION SERVICE ELECTRONIC CTV 210 1. Report in with the Customer Representative. 2. Record and report abnormal conditions, measurements taken, etc. 3. Review customer logs with customer for operational problems and trends. 1. General Assembly a) Check and record refrigerant level. b) Inspect for leaks and report leak results. 1. The refrigerant should be correct before starting the leak check. To prevent unnecessary venting of refrigerant, EPA -recommended methods (e.g. hot water and/or electric blankets) must be used to pressurize the vessels. 2. In order to use EPA -recommended methods, certain conditions must be met: a) The isolation valves on the chilled water and condenser water lines must shut off the circulation completely. b) The temperature of the equipment room should be 70°F or higher. c) Access connections to the condenser water and chilled water circuits must be provided (customer's responsibility). c) If these conditions cannot be met, the refrigerant must be removed and the vessel pressurized, using dry nitrogen and a trace gas. This additional procedure is outside the scope of this agreement. d) Calculate refrigerant loss and report to the customer. e) Repair minor leaks as required (e.g., valve packing, flare nuts). f) Visually inspect condenser tubes for cleanliness. g) Check vanes for free and smooth operation. h) Check mechanical linkages for wear. 2. Purge a) Check purge unit controls for proper operation. b) Check and clean purge drum as required. c) Clean the condenser coil. d) Clean strainers or replace filters as required. e) Check the purge compressor assembly for leaks as required. f) Check the purge unit for proper operation. 3. Controls and Safeties a) Verify all settings in the electronic control panel. b) Inspect the control panel for cleanliness. c) Inspect wiring and connections for tightness and signs for overheating and discoloration. d) Verify the operation of the vane control system: e) Verify the working condition of all indicator/alarm lights and LED/LCD displays. f) Verify the operation of the oil sump temperature control device. g) Test high condenser pressure safety device. Calibrate and record setting. h) Test low evaporator temperature safety device. Calibrate and record setting. i) Test low oil pressure safety device. Calibrate and record setting. 4-21-05; 8:10AM;TEXAS TRANE LUBBOCK 8087441033 # 3/ j) Test high motor temperature safety device. Calibrate and record. k) Test operation of chilled water pump and condenser water pump starter auxiliary contacts. 4. Lubrication System a) Pull oil sample for spectroscopic analysis. b) Check oil for acid content and discoloration. Make recommendations to the customer based on the results of the test. c) Measure and record the oil pump voltage and amperage. d) Verify the operation of the oil heater. Measure amps and compare readings with the watt rating of the heater. e) Change the oil filter. f) Verify the oil level. 5. Motor and Starter a) Clean the starter and cabinet. b) Inspect wiring and connections for tightness and signs of overheating and discoloration. c) Check condition of the contacts for wear and pitting. d) Check contactors for free and smooth operation. e) Check the mechanical linkages for wear, security, and clearances. f) Check tightness of the motor terminal connections. g) Meg the motor and record reading. h) Verify the operation of the electrical interlocks. 4-21-05; 8=10AM;TEXAS TRANE LUBBOCK ;8067441033 t# 4/ MID -SEASON RUNNING INSPECTION CTV-230 1. Check the general operation of the unit. 2. Log the operating temperatures, pressures, voltages, and amperages. 3. Check the operation of the purge unit. 4. Check the operation of the control circuit. 5. Check the operation of the lubrication system. 6. Check the operation of the motor and starter. 7. Analyze the recorded data. Compare the data to the original design conditions. 8. Review operating procedures with operating personnel. 9. Provide a written report of completed work, operating log, and indicate any uncorrected deficiencies detected. 4-21-05; 8:10AM;TEXAS TRANE LUBBOCK ;8067441033 # S/ WATER-COOLED CONDENSERS BRUSH TUBES (600 Tubes/Day) CDS-210 1. Pull easy end head. 2. Brush tubes as necessary. NOTE: The terra "easy end head" refers to the head which has no piping attached to it. In the case of 1-pass or 3-pass vessels, there will be no easy end head, and extra time must be allotted to the job for the removal of the piping. An exception to this would be the unit's having marine boxes. 4-21-05; 8:10AM;TEXAS TRANE LUBSOCK ;8087441033 # 6/ TRACER 100-L INSPECTION COMPREHENSIVE ANNUAL INSPECTION CNT-130 1. Report in with the Customer Representative. 2. Record and report abnormal conditions, measurements taken, etc. 3. Review customer logs with the customer for operational problems and trends. 1. Control Panel a) Check for loose or damaged parts or wiring. b) Check for any accumulation of dirt or moisture. Clean if required. c) Clean external surfaces of the panel enclosure and associated field equipment units. d) Verify proper system electrical ground insulation. e) Inspect interconnecting cables and electrical connections. f) Verify that manual override switches are in the desired positions. g) Check the current time and date under "time and dates" in the "setup menu". Correct if necessary. h) View the event log and other items in the status displays section of the system. i) Check and update the holiday schedules and daylight savings time inputs. j) Check the operation of all binary outputs. k) Check the system operating sequences. 1) Calibrate control devices. m) Via terminal, exercise controlled devices with manual command functions, and verify proper response of connected field hardware. n) Review operating procedures with operating personnel. o) Provide a written report of completed work, and indicate any uncorrected deficiencies detected. 2. Pneumatic Controls a) Check control air pressure and record pressure level. Adjust main air PRV at compressed air system if necessary. b) Open the compressor tank drain valve and bleed off any water accumulated in the tank. c) Check compressor belts, oil level, safety valves and general operating condition of the air compressor. d) Clean the compressor tank, compressor, pressure reducing station and filter. e) Verify proper operation of the refrigerated after -cooler. f) Review operating procedures with operating personnel. g) Provide a written report of completed work, and indicate any uncorrected deficiencies detected. F CITY OF LUBBOCK Sole Source Justification Vendor: Trane CompanyRequisition #:25995 Product/Service: "Full Maintenance" service agreement Estimated annual expenditure for the above commodity or service: $20,784.00/year & $103,920.00/5years This form must be completed for each requisition/contract that provides for proprietary (sole source) acquisition of goods and services valued at a total amount of $3,000 or more. If more space is needed, please attach additional page(s). Inadequate justification or documentation for a request for non-competitive procurement will result in a solicitation of bids. Unique Features. Specify the unique features or characteristics of the goods or services that are requested: This service agreement is a "full maintenance agreement" for three chillers, and a chiller control system at Lubbock Preston Smith International Airport. This agreement provides for all necessary labor and materials for preventative maintenance and call back visits to repair the equipment. Special Needs. Briefly explain why the unique specifications restrict the requisition to one manufacturer or provider: The Trane Service group is capable of offering this type of full service agreement because they manufacture the equipment, and can get parts for the equipment much cheaper than their competitors. Other Sources. State the reason or reasons why competing products are not satisfactory, e.g, a justification for the proprietary (sole source) acquisition: Initial all entries below that apply to the proposed purchase. Attach Request for Exemption from Local Govt Code 252 (form PUR- 010 containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). Please allow UP TO 45 DAYS to process Sole Source Justification. 1. ® SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.) 2. ® SOLE SOURCE REQUEST IS FOR THE ONLY GREATER WEST TEXAS AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's — not the distributor's — written certification that identifies all regional distributors. Item no. 4 also must be completed.) 3. ® THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4. JR THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) 5. ❑ THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. ❑ NONE OF THE ABOVE IS APPLICABLE. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests at exas Local Government Code §252.021 Competitive Bidding and Competitive Proposal Requirements be waiv d d a the vendor identified as the upplier of the service or material described in this sole source justifi ti be a o ze a s e source for the service or at rial. DEPARTMENT HEAD SIGNATURE TGeral GDIRECTO SI A REAviation ovt. DEPARTMENT DIVISION DATE PUR-070 (Rev 01105) 11 (PURCHASING DEPARTMENT USE ONLY) APPROVED BY PURCHASING: DATE: DISAPPROVED BY: VT DATE: REASON FOR DISAPPROVAL: PUR-070 (Rev 01105) Page 1 of 2 REQUEST FOR EXEMPTION FROM LOCAL GOVT CODE 252 (For Expenditures Over $3,000) Name of Manasine Director Division: t4efl—to. Department Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per §252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how the items will be used, who will use the items, when and where the items will be used. 2. Statutory exemption for (Circle one or more if applicable): (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality; (In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation Form PUR-075 to this request.) (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents; (Attach Emergency Purchase Explanation Form PUR-075 to this request.) (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other property; (4) a procurement for personal or professional services; (5) a procurement for work that is performed and paid for by the day as work progresses; (6) a purchase of land or a right-of-way; (7) a procurement of items that are available from only one source, including; (Attach Sole Source Justification Form PUR-070. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. Please allow up to 45 days to process Sole Source Justification.) (A) Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) Films, manuscripts, or books; (C) Electricity, gas, water, and other utility services; (D) Captive replacement parts or components for equipment; (E) Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; (F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; (8) a purchase of rare books, papers, and other library materials for a public library; (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; (12) personal property sold: (A) at an auction by a state licensed auctioneer; (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; PUR-010 (Rev 6/02) Page 2 of 2 (C) by apolitical subdivision of this state, a state agency of this state, or an entity of the federal government; or (D) under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons; (14) goods purchased by a municipalityfor subsequent retail sale by the municipality; or (15) electricity. 1. Factual justification for request (Give a brief summary why this request falls within one or more of the exceptions circled in paragraph 2 above.): REQUISTION : $ I REQISITION AMOUNT: Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off - road equipment, farm equipment, trailers, utility/service bodies, etc.). Signature of Fleet Services Manager Date Approval must be obtained from the Manager of Information Technology when the purchase includes any computer systems, computer hardware, computer software, or computer peripherals. Signature of Manager of Information Technology Date AND SUBMITTED Director AND AUTHORIZED BY: Date watf L6 Signature of P ch rang Manager Date PUR-010 (Rev 2/05) w X'Y b 4 v� r `..s.x� � Z' 0 � � y fg +�'• 3}. 5 "�" %.`y.b4 ''' °9" WaZ 3:. �' P'c PRODUCER W' P^.' � � ME CERToI�FI/CATS NUMBER � as. ..a�ZF .^t5 ,..Sv.:. t 3 , 4x- . : 191PS4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS Marsh, Inc. 1166 Avenue Of the Americas CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. New York, NY 10036 Telephone (212) 345-5000 COMPANIES AFFORDING COVERAGE COMPANY A: American Home Assurance Company INSURED COMPANY B: National Union Fire Insurance Company of Pittsburgh, PA ATTN: FINANCIAL MANAGER COMPANY C: The Travelers Indemnity Company Trane, a division of American Standard Inc. 2512 Texas Avenue Lubbock, TX 79411 COMPANY D: The Travelers Indemnity Company of America United States CWMRAGE a '� � mar ,�� �� � � � s �_ � THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY GL3829190 4/1/2005 4/1/2006 GENERAL AGGREGATE $5,000,000.00 COMMERCIAL GENERAL LIABILITY X PRODUCTS - COMP/OP AGG $12,000,000.00 CLAIMS MADE Fx� OCCUR PERSONAL & ADV INJURY $2,000,000.00 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $2,000,000.00 FIRE DAMAGE (Any one fire) $2,000,000.00 MED EXP (Any one person) $25,000.00 F AUTOMOBILE LIABILITY TC2JCAP-164T8811-05 AOS 4/1/2005 4/1/2006 COMBINED SINGLE LIMIT $5,000,000.00 E ANY AUTO TC2ECAP-165T3600-05 TX 4/1/2005 4/1/2006 X ALLOWED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND TC2HUB-218T1417-05 4/1/2005 4/1/2006 WC STATUTORY OTHER X uMns C EMPLOYERS' LIABILITY TUKUB-204T6834-05 4/1/2005 4/1/2006 EL EACH ACCIDENT _ $2,000,000.00 F F THE PROPRIETOR/ PARTNERS/EXECUTIVE INCLE: OFFICERS AREXCL TMJUB-266T5633-05 TRJUB-169T4514 05 4/1/2005 4/1/2005 4/1/2006 4/1/2006 -- ---- - - $2,000,000.00 00. $2�QQQ�QQQ,QO - EL DISEASE -POLICY LIMIT EL DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Please see page 2 for additional information. CERTIFICATE HOLDER � ' CANCELLA710N City Of Lubbock 1625 13th Street SHOULD ANY OF THE POLICIES LED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING NG COVERAGE WILL CEN , BUT FA TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH Lubbock NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER TX AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. 79457 MARSH USA INC. BY: Robert A. Mauaro , y� VALID AS OF: 5/6/2005 PRODUCER Marsh, Inc. 1166 Avenue of the Americas New York, NY 10036 Telephone (212) 345-5000 I?iA1�..' INF02MAIQ1 CERTIFICATE NUMBER 121864 COMPANIES AFFORDING COVERAGE _ COMPANY E: The Travelers Indemnity Company of Connecticut COMPANY F: Travelers Property Casualty Company of America INSURED ATTN: FINANCIAL MANAGER Trane, a division of American Standard Inc. 2512 Texas Avenue Lubbock, TX 79411 United States DESCRIPTION OF OPE1.RATIONS/LOLr4TION§IVHICUS/SPECIALI f EMS (LIMITS MAY BE SUBJECT 70 DEbUCTBLES OR RETENTIONS) City of Lubbock is included as additional insured, but only to the extent of the named insured's negligence. Job Description: Service Work City of Lubbock 1625 13th Street Lubbock TX 79457 Lubbock International Airport 5401 N. MLK Blvd. * Rt. 3 Box 389 * Lubbock, Texas 79403-9710 Business 806/775-2044 * Fax 806/775-3134 April 20, 2005 To Whom It May Concern: SUBJECT: FULL MAINTENANCE CONTRACT -SOLE SOURCE VENDER 1. Our equipment is aging. The chillers are 11,14, and 17 years old. Under our current agreement, Trane has total financial responsibility for preventative maintenance, parts and labor for these machines and the control system. 2. Our cost for a scheduled maintenance program would not be significantly reduced, but our risk of a chiller breakdown would increase substantionally. 3. Each year, the risk of a bearing failure, or the need for an overhaul increases. The average interval for a bearing inspection and overhaul is 8 to 10- years. The cost for overhauling one of these chillers is approximately $40,000 with 2 weeks down time. 4. The parts/equipment are not interchangeable with similar parts of another manufacturer. Trane manufacturers.the chillers, and its parts. 5. Trane owns all proprietary rights to the computer program that links the chillers, boilers, sensors and computer. The chillers are a vital part of the overall operation of the airport. The cost of the Full Maintenance Contract becomes quite reasonable when the risk is included in the evaluation. Kathy Terrell Facilities Supervisor Lubbock International Airport 0 TRANS Lubbock Suboffice 2512 Texas Avenue Kevin McNamara Dallas Sales District P O Box 3963 District Manager Commercial Systems Group Lubbock TX 79452 The Trane Company 806 747 0266 April 20, 2005 Kathy Terrell Facilities Maintenance Supervisor Lubbock International Airport Re: Service Agreement Renewal Dear Kathy, As you review the existing service agreement in place at Lubbock International Airport please consider the following points as to why it would be to your advantage to retain the Lubbock branch office of Texas Trane as your service provider. • Equipment and Control System OEM — Trane is the manufacturer of the 3 Trane Centrifugal Chillers and the Trane Tracer control system operating at your facility • Factory replacement parts/controls upgrades — as Trane continually seeks to make improvements to existing equipment and control system we will be able to keep you current with any enhancement / upgrade available for your equipment. In addition our Dallas parts center is one of the top 5 distribution centers in the nation which makes critical replacement components available overnight. • Factory trained technicians — without a doubt, factory trained technicians are the most qualified to provide service and repairs on your equipment. Our Lubbock office is the only factory field service agency in the entire West Texas region. Also, please note that some diagnostic tools such as software support are proprietary to the Trane Company and not available to independent services agencies or former employees. • Factory Technical Support — as the Trane factory service agency we have direct contact with factory service advisors on a more frequent basis than another independent services agencies might. We know them on a first name basis, developed over the years as we've assisted owners of Trane equipment with service needs. • Agency of Record — as we have been your service provider thru the last term of the existing agreement, we have the history of repairs and control software upgrades. Our technicians are intimately familiar with your equipment's entire service history. This is valuable as there will be no "learning curve" necessary to continue to assist you in your daily operations. Texas Trane / Lubbock Office has enjoyed our ongoing relationship as your factory service provider and would consider it an honor to be allowed to continue in that capacity for you. Sincerely, Charlie Beaty