HomeMy WebLinkAboutResolution - 2009-R0348 - Contract - Johnson Controls Inc.- HVAC Maintenance Services - 08/27/2009Resolution No. 2009—RO348
August 27, 2009
Item No. 5.23
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, Contract No. 9141 for
HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum &
Auditorium pursuant to RFP 09-048-MA, by and between the City of Lubbock and
Johnson Controls, Inc. of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 27th
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CO TENT:
VVI
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwJccdocs/RES.Contract-Johnson Controls, Inc.
August 17, 2009
day of August , 2009.
TOM MARTIN, MAYOR
Resolution No. 2009-RO348
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Maintenance Services for Building Environmental Mechanical Systems at Civic Center and
Auditorium/Coliseum
RFP 09-048-MA
Contract #9141
THIS CONTRACT, made and entered into this 27th day of _ August , 2009,
pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the
City of Lubbock ("City"), and Johnson Controls Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for proposal for Maintenance Services
for Building Environmental Mechanical Systems at Civic Center and Auditorium/Coliseum
and proposals were received and duly opened as required by law; and
WHEREAS, after careful consideration of the proposals submitted by Contractor, the
City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such proposal,
and the execution, in the name of the City of Lubbock a contract with said Contractor covering
the Maintenance Services for Building Environmental Mechanical Systems at Civic Center and
Auditorium/Coliseum.
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:
i . In accordance with City's specifications and Contractor's proposals, copies of which
specifications and proposal are attached hereto and made part hereof, Contractor will
deliver to the City the Maintenance Services for Building Environmental Mechanical
Systems at Civic Center and Auditorium/Coliseum, 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 City agrees to pay the Contractor according to the payment schedule attached; said
payment schedule does not include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the
specifications and request for proposal attached hereto and incorporated herein.
4. 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
l Of
shall Contractor be authorized to enter into any agreement or undertaking for or on behalf
of City.
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 $500,00 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.
of 3
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.
7. This Contract consists of the following documents set forth herein; Invitation to RFP
#09-048-MA, General Conditions, Specifications, and proposal.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicates.
CITY OF LUBBOCK CONTRACTOR
Tom Martin, Mayor Authorized Representative
ATTEST:
Re cca Garza, City ccretar
APPROVED AS TO C TENT:
Scott Snider, Assistant City Manager
Community Services
APP TO FORM:
C ad Weaver, Assistant City Attorney
JOHNSON CONTROLS INC.
Address
1603 West Loop 289,Lubbock, Tx 79416
3 of
Resolution No. 2009-RO348
RFP #09-048-MA, HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum & Auditorium
I Maintenance Services for Building Environmental Mechanical Systems at Civic Center and
Auditorium/Coliseum
PRICE SHEET
it
Price for Contract Year One (October 1, 2009 September 31, 2009) $ 136,472 .00
Each proposal will be required to submit a single proposal amount for maintenance services, for a
period of one (1) year, as specified, for all buildings. For internal record purpose only, each
Contractor shall submit a breakdown of his proposal as follows:
1. Maintenance Services for Civic Center $ 81,883.20
2. Maintenance Services for Coliseum/Auditorium $ 54,588.80
09RFP.doc 29
Resolution No. 2009-R0348
TECHNICAL SPECIFICATIONS
Scope:
A. Maintenance services include: (1) preventive maintenance service to be provided by the
Contractor on all maintainable equipment and associated devices related to the Building
Environmental Mechanical Systems described in the specifications (2) repair or
replacement of all equipment described in this specification.
B. The Contractor shall furnish all supplies, components, replacement parts, materials, test
equipment, tools, personnel and services in conformance with the terms and conditions as
outlined below.
C. All services shall be provided for an initial period of one year. The agreement shall be
automatically renewable for an additional two years, subject to written cancellation by
either party by July 91h 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 per cent change, issued on August 31`t by the US Bureau of Labor and Statistics.
D. Excluded equipment has been itemized, and includes items that are currently non -
maintainable.
11. Equipment Included:
The maintenance service contract shall cover the following items:
Pumps
Boilers
Water chillers
Air handling units
Heat exchangers
Exhaust fans
Air compressors and dryers
Fan coil units
Unit heaters
Cooling towers
Evaporative coolers
Temperature control devices.
A complete inventory of equipment is attached, along with the original design drawings.
The drawings have been annotated, in large print, with equipment labels that correspond
with the inventory. The exact model 4, capacity or size of installed equipment may differ
from the attached inventory. Contractor shall confirm by on -site survey that the equipment
has been adequately identified.
2. Also included:
Replacement or repair of all heating and cooling coils, to include damage by
freezing
Steam traps
Water strainers
14
Automatic control valves
Automatic air vents
Oil and lubricants
Oil, air, and refrigerant filters
Outside air dampers and damper motors
Pressure sensors
Control linkages
Computers and time clocks
Steam and chilled water flow meters
Float valves
Gauges
Magnetic starters
Fan motor drives
Bearings
Belts
Motor starters and associated electrical wiring
Refrigerant to replace that lost in operation or service.
I1I. Equipment Excluded:
Non-moving equipment, such as foundation structural supports, domestic water lines,
drains, plumbing lines, and gas lines up to boiler control valve, air handling ductwork;
boiler shells, unit cabinets, boiler trim and refractory materials.
2. Non -maintainable equipment.
Some equipment has been identified in these specifications as non -maintainable e.g.:
The coil for AHU-5 at the Coliseum
The 1200 GPM Chilled Water Control Valve in the TTU tunnel
In addition to these items, the Contractor's initial inspection or initial seasonal start-up
may indicate that repairs are required to other items.
For all non -maintainable items, the Contractor shall submit a firm quotation for the
Owner's approval to repair or replace non -maintainable equipment. Should the
Owner decide not to authorize the repairs, the non -maintainable system shall be
removed from the Contractor's scope of responsibility.
3. In the Auditorium:
Chillers 1 and 2
Primary Condensing Water Pump P-2
All Steam Boilers
Cooling Tower CT -I and Remote Cooling Tower Sump S-1
4. All Facilities:
Manual Valves
Fire Protection Systems
Refrigerant Monitors
Replacement of Condensate Drain Pans
15
5. At the Civic Center:
Boiler tube replacement shall be limited to 20% of tubes
Leaking control air line
II1. Service Included
1. Preventive Maintenance, as described in the attached "Procedures for Preventive
Maintenance."
2. Repair or replacement of all included equipment, to include parts and labor.
3. Emergency service
a. Contractor shall be on -call on a 24-hour basis and provide a telephone answering
service.
b. Contractor shall include all labor, overtime, travel costs, parts, environmental
charges, disposal fees, and supplies in the cost of the service program.
c. Contractor shall be capable of responding to an emergency situation within three
hours.
4. Quotations for work not included in the contract, calculated using an hourly rate of $`
per hour; a supervisor, if required, at $__per hour; a ,% mark-up on parts, with a
guaranteed not -to -exceed maximum cost. The hourly rate will include the cost of all
overtime, travel costs, parts, environmental charges, disposal fees and any other
charges normally applied to contractor services. (See Attachment A)
5. Water Treatment Service
a. Necessary labor and chemicals to property maintain all water within the
condensing, steam, condensate, heating, and cooling water systems to control
metal corrosion, scale formation, biological fouling or contaminated discharge.
b. Chemicals to meet OSHA Environmental Protection Agency and OEQC
requirements for safety to personnel and the environment.
c. Labor to take test samples, adjust feed rate, change settings, drain and flush
systems, service automatic feed equipment, manually inject chemicals for all
closed systems including chilled water, hot water, steam and condensate.
d. Water analysis and service reports provided at least monthly to maintenance
supervisor.
6. Air Filter Service
a. The Contractor shall provide, install and regularly change all air filters at 30 day
intervals and after major events that create a situation which drastically fowls
16
filers, e.g. ABC Rodes. Old filters shall be removed from the job site at the time
of change.
b. Filter frames shall be sized to till the entire cross section of the units to prevent
blow -by and eliminate filter spacers in the units
C. Filter media shall be of fiberglass or polyester materials, with an ASHRAE
standard 52-76, average efficiency 25-30% and arrestance 90-92%.
17
RFP #09-048-MA, HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum & Auditorium
SPECIAL CONDITIONS
1. GENERAL INSTRUCTIONS TO OFFERORS
A. All work called for in the proposal documents will continue for a period of one (1) year
unless terminated under provisions of the contracts prior to that time. By mutual agreement
of Owner and Contractor, the Contract may be annually renewed for an additional two (2)
years. The Contract Amount shall increase each year according to the CPI index.
B. Each proposal will be required to submit a single proposal amount for maintenance services,
for a period of one (1) year, as specified, for all buildings. For internal record purpose only,
each Contractor shall submit a breakdown of his proposal as follows:
1. Maintenance Services for Civic Center
2. Maintenance Services for Coliseum/Auditorium
The Owner will evaluate and award proposals only on the single proposal amount.
C. Proposals shall cover all specified maintenance services on systems located in all building
facilities listed in the proposal specifications. Please refer to those specifications for further
information and scope of desired services.
D. Although an equipment sheet with location shown is included as a part of this packet,
proposalders are required to inspect each system and its respective components.
E. All proposals must provide for maintenance services of building environmental mechanical
systems as specified herein. Through the Service Contractor's system of preventative
maintenance, the Contractor must detect faulty or inoperative conditions and correct same.
The City Representative will advise Contractor of any known malfunctions or operational
problems. The Contractor shall respond in his monthly report to all malfunctions and
operational problems. Optional forms for monthly reports are provided as a part of these
specifications and can be modified and used if deemed beneficial. The attachment provided
is a list of required reports.
F. The Contractor shall not be relieved from assuming all responsibility for properly estimating
the difficulties of performing any services, repairs, or replacements of any equipment or
components required within this set of specifications due to the failure of the Contractor or
his personnel to thoroughly investigate all conditions of all equipment and locations as
outlined in this specification.
G. All planned preventive maintenance service work under these specifications is to be
performed during norrnal working hours, or as approved by the City of Lubbock.
H. It is agreed that the City of Lubbock will provide reasonable means of access to all devices,
which are to be serviced. The Contractor shall be free to start and stop all primary equipment
incidental to the operation of the Mechanical Systems when arranged with the representatives
09RFP.doc 18
RFP #09-048-MA. HVAC Building Mechanical Maintenance Services for Civic Center. Coliseum & Auditorium
of the City of Lubbock. Contractor personnel shall comply with all regulations concerning
City of Lubbock Security measures.
1. The Contractor shall attend an every other monthly progress meeting, scheduled by the
Owner.
J. As part of this proposal, the Offerors 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 Offerors
desiring to provide such services to the City of Lubbock facilities.
L. Requirements for Offerors:
1. All Offerors 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
Offeror 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 award the Contractor 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 and Civic Center representative. All
proposed subcontractors shall be listed in the proposal proposal submittal.
4. Personnel must be employed by the successful Contractor 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 proposalders must submit Proof of qualifications and a list of maintenance
personnel to maintain the equipment at each location.
Technician Home Years Employed
Name Phone byccompany
1.
3. (See Attachment B)
4.
5.
6.
N. Specifically, piping and insulation has been excluded from this maintenance contract.
When control valves or equipment must be removed and replaced or repaired, the attached
09RFP doc 19
RFP #09-048-MA, HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum $ Auditorium
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.
11. QUALIFICATIONS OF OFFERORS
A. The Owner may make such investigations as he deems necessary to determine the ability of
the Contractor to perform the work each Offeror 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 proposal if evidence submitted by or investigation of such Offeor fails to satisfy the
Owner such proposalder is properly qualified to carry out the obligations of the contract and
to complete the work contemplated herein.
B. Although cost will be factor in the awarding of the Maintenance Services Contract, it is
absolutely essential that each Offeor financially and operationally capable of providing the
requested services and possesses the necessary qualifications and experience to satisfy the
contractual obligations of the agreement. Ofteors are required to provide all of the data that
would assist the City of Lubbock in evaluating a proposalder`s overall ability to perform the
requested services. The 013ys determination in this regard will be a key factor in the
awarding of the contract.
C. The Offeor must also submit, with the proposals a list of at least six (6) Reference clients
with similar or larger full responsibility contracts. Please use company letterhead for this
information. The format shall be as follows:
Years Annual
Company Under Contact Telephone Contract Building Type of
Name Contract Name Number Amount Size -System
(See Attachment C)
D. The following requirements shall be considered as the minimum standard for a Offeor 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 Contract shall maintain a field office and/or warehouse that is within three
hours travel time of the City of Lubbock facilities.
3. The Contract shall employ a minimum of three (3) full-time competent servicemen who
reside within three-hour travel time of the job site. The Contractor 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.
09RFP.doc 20
RFP #09-048-MA, HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum $ Auditorium
E. The Contractor shall demonstrate they own the proper tools and test equipment to maintain
all the systems under contract. The Contractor 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, ampmeter, and amprobe.
Documentation must be attached to the Proposal submitted.
F. In addition, the Offeror 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 availability in emergency situations. This includes all temperature sensors,
controllers, dampers, valves, actuators, relays, air compressors, and boiler controls.
09RFP.doc 21
RFP #09-048-MA, HVAC Building Mechanical Maintenance Services for Civic Center, Coliseum 8 Auditorium
INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate, along with a copy of the additional insured endorsement, to the City,
which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages,
limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR
PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN
DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the
duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
TYPE AMOUNT
Commercial General Liability insurance S500,000
General Aggregate ((Occurrence)
Product -Comp Op AGG
Personal & Adv. Injury
Contractual Liability
Automotive Liability
Any Auto 300,000
Workers Compensation
Statutory Amount
Employer's Liability or
Occupational Medical and Disability 500,000
City of Lubbock named as primary additional insured on Auto/General Liability &
Waiver of subrogation in favor of the City of Lubbock on all coverages.
09RFP.doc 22
Attachinent A
Johnson 01(i
Controls
nonald L. Beyer
Service Branch Manager
Johnson Controls, Jnc.
1603 west Loop 289
Lubbock, TX 79416
August 6, 2009
Marta Alvarez
Purchasing and Contract Manager
City of Lubbock
1625 l3"' Street, Room 204
Lubbock, Texas 79401
Dcar Marta, Honorable Mayor Tom Martin and City Council:
Please allow this document to serve as an amendment to our proposal for HVAC Building Maintenance
Services for Civic Center, Coliseums & Auditorium, RFP #09-048-MA
Johnson Controls - Lubbock Service, will offer a discount of 10% off of our published labor rate.
Published Labor Rates:
Regular C_aL_U_iscognted Rate
Mechanical S 91.00 hr. $ 81.90
Chiller Labor S 99.00 hr. $ 89.10
Controls Labor $137.00 hr. $123.30
Annual Labor Rate: Upon renewal, discounted annual labor rate will be effective for the entire contract
year. Annual rate increases will not exceed 3% of the previous year rate.
Mileage Cb&Me-! There will be no per mile charges assessed to conduct service work outside the RFP
contract. ,A, "Trip Charge" of $25.00 will be assessed for each service trip.
PlZsi_nosal Environmental Usage Charge: A DEU charge for refrigerant and oil disposal as well as for nuts,
bolts, screws, wire nuts, tape, rals, cleaners, will be as,4essed (ate $40.00 per service call for service trips
outside the RFP contract.
Parts Charges: ,JCI will offer a discount on all Johnson Controls / York parts at 10% off of list price. Third
party parts will be marked up 30% of JCI cost.
I hope this amendment meets your approval and we look forward to continuing to provide a value and
professional service to the Citi7xns of Lubbock.
Sincerely,
Donald L. Beyer
Service Branch Manager
Johnson Controls Inc.
Lubbock Service Team Resumes
Technician
- k �_ Title
Service Forman /Chiller
*"Mark Vonberg
Mechanic
*"Josh Isbell
Industrial Chiller Mechanic
*Ladell Tolliver
Lead Controls Technician
Chad Stroud
Mechanical Journeyman
Ty Ross
Mechanical Journeyman
Eric Vonberg
Mechanical Apprentice
"David Ricketts
Mechanical Journeyman
"Chris McEntire
Mechanical Journeyman
John DeLong
Mechanical Journeyman
"Kyle Fogg
Controls Technician
"Mark Sarckees
Senior Controls Technician
vii Page 2
adim i Tern
Years Experionce
Lubbock
27
Winters
29
Lubbock
32
Lubbock
17
Lubbock
7
Lubbock
8
Amarillo
18
San Angelo
15
Midland
10
Amarillo
6
Midland
27
I96
"Johnson Controls Metasys factory trained *" York Factory trained Experience
Cm-plete reaurnes available u2on Mue t
11 JYCM
tYJOHNSON CONTROLS
Johnson 00
Controls
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