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HomeMy WebLinkAboutResolution - 2019-R0156 - Allison Enterprises DBA Kleen Air Filter Service & Sales - 05_14_2019Resolution No. 2019-RO156 Item No. 6.10 May 14, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 14599 for HVAC Air Filter Service for Lubbock Preston Smith International Airport as per ITB 19-14599-RR, by and between the City of Lubbock and Allison Enterprises DBA Kleen Air Filter Service & Sales, of Groesbeck, 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 on May 14, 2019 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Gar7A City Secret APPROVED AS TO CON] Bill Howerton epu City APPROVED-AS40 FORM: st Assi'rant City Attorney ccdocs/RES.ServiceContract 14599 HVAC Air Filter Service for Lubbock Preston Smith Int'l Airport April 17, 2019 Resolution No. 2019-RO156 Contract 14599 City of Lubbock, TX Contract for HVAC Air Filter Service for Lubbock Preston Smith International Airport THIS CONTRACT made and entered into this 1.4th day of , 2019, by and between the City of Lubbock ("City"), and Allison Enterprises dba Kleen it Filter Service & Sales, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for HVAC Air Filter Service for Lubbock Preston Smith International Airport and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said HVAC Air Filter Service for Lubbock Preston Smith International Airport. 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 are attached hereto and made part hereof, Contractor will deliver to the City, HVAC Filter Service for Preston Smith International Airport and more specifically referred to as Items 1 through 10 on 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. 3. The contract shall be for a tern of one year, with the option of three, one year extensions, said date of teen beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be detennined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to perfonnance 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. 6. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. 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 tollowm.R type(s) and TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE- LIABILITY ❑ Any Auto ❑ All Owned Autos ❑ IIired Autos COMBINED SINGLE LIMIT General Aggregate $1,000.000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Per Occurrence $1, 000,000 Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100'%, of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION— STATUTORY AMOUNTS OR $500,000 OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $500,000 BOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named cis additional instti-ed oir ,4utolGenercil Liability on a primmy and iron-conti•ibutoiy bases. ® To iiiclitde products of completed operations endoisentcnt. ® If aiver of'subrogation in favor gf the City gfLubbock on all corei-ages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor. 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 attaclunent, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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, Director of Purchasing & Contract Management City of Lubbock 1625 13" 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. 7. 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. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this docurnent, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City fi-om any payments due Contractor. 10. 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 non -appropriation of Rinds 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 hinds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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. 11. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 12. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terns and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 13. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 14. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the tern of the Agreement. 15. This Contract consists of the following documents set forth herein; Invitation to Bid No. 19- 14599-RR, Specifications, and the Bid Form. -----INTENTIONALLY LEFT BLANK----- 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 BY: Daniel M. Pope, ayor ATTEST: JD ZLe )X7 Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: c�/ 0 Kelly Campbell, Executive Director of Aviation LVAI W; Ur f •' &C ' Akfze- /e f Print Name AV Z��i- ULi' Address City, State, Zip Code REVISED City of Lubbock, TX ITB 19-14599-RR HVAC Air Filter Service for Lubbock Preston Smith International Airport Specifications 1. The contractor shall provide and install all air filters indicated for the following facilities at LPSIA. The Main Passenger Terminal Building Parking Lot Gate Houses (4) Airport Operations Computer Room East Terminal (Chaparral Jet Center, US Customs, FCWOS) West Terminal (FAA-FSDO) Airfield Maintenance facility The Cooling Tower (West of the terminal building) 2. Framed filters, fan coil filters and pre -filters will be installed on a bi-monthly, monthly quarterly and 6 month basis according specifications. Filter replacement will take place during the first week of the month according to the following schedule: Bi Monthly First week of April, June, August, October, December, and February Quarterly First weeks of April, July, October, and January 6 Month First weeks of April and October 3. Filters shall be sized to fill the entire cross section of the units to prevent blow -by and eliminate Filter space in the units. 4. Filter media shall have a synthetic dust weight resistance of 89.1 % and a dust holding capacity of 194 grams (23.5%). 5. Contractor shall schedule filter change during working hours (8 a.m.-5 p.m. Monday -Friday) and coordinate with maintenance department the day before showing up. 6. Contractor will remove all filter media for offsite disposal. 7. Contractor's employees assigned to work at the airport will be required to submit to a fingerprint - based criminal history records check (CHRC). Each CHRC will cost $29. Once the employee's CHRC has been cleared, the employee will attend a training class. A badge will be issued after the completion of the appropriate training class. The badge will then be held in the Airport Operations Office for check -in and check-out. The contractor will allow 3 weeks for processing of all CHRCs, training classes, and badging. 8. If the contractor notices any discrepancies with the HVAC equipment while performing their work they will report their findings to the Facilities Maintenance Supervisor. UNIT LOCATION QUANTITY SIZE TYPE MAIN TERMINAL BID ITEM #1— Change Semi -Annually Wall Filters — Back Draft AHU'S 1, 2, & 3 30 20X25X2 FP200 18 16X25X2 FP200 Maintenance Shop Filters 3 45X13X1 FP200 Wall Filters - Back Draft 20 24X24X2 FP200 Wall Filters — Back Draft 17 16X25X2 FP200 AHU'S 11 & 12 12 20X25X2 FP200 1 16X20X2 FP200 BID ITEM #2 — Change Bi-Monthl AHU#1 14 16X25X2 Pleated AHU#2 21 16X20X2 AHU#3 21 16X25X2 12 24X24X2 3 12X24X2 AHU#1 9 24X24X2 AHU#2 12 24X24X2 AHU#4 6 24X24X2 5 12X24X2 AHU#5 12 12X24X2 3 12X24X2 AHU#6 6 12X24X2 6 12X24X2 AHU#7 20 24X24X2 AHU#8 4 16X25X2 AHU#9 20 24X24X2 AHU#10 6 24X24X2 3 12X24X2 AHU#1 l 21 16X20X2 Pre -filters 12 24X24X2 AHU#12 14 16X25X2 AHU#24 Low Roof East 16 24X24X2 AHU#25 High Roof East to West 6 24X24X2 AHU#26 6 24X24X2 AHU#27 Low Roof Middle 6 24X24X2 AHU#28 High Roof East to West 4 24X24X2 AHU#29 12 24X24X2 AHU#30 1 20X25X2 AHU#31 9 24X24X2 AHU#32 Low Roof West End 6 24X24X2 Wall Filters Generator Room 12 24X24X2 BID ITEM #3 — Change Bi-Monthly AHU#13 4 16X25X2 Pleated AHY#14 4 16X25X2 AHU# 15 4 16X25X2 AHU#16 4 16X25X2 AHU#17 4 16X25X2 AHU# 18 4 16X25X2 AHU#19 4 16X25X2 AHU#20 4 16X25X2 AHU#23 BID ITEM #4 — Change Monthl 4 16X25X2 AHU#18 4 16X25X2 Pleated AHY#19 4 16X25X2 AHY#20 4 16X25X2 AHY#21 4 16X25X2 AHY#22 4 16X25X2 AHY#23 4 16X25X2 BID ITEM #5 — Chance Ouarterly (PARKING LOT GATEHOUSES GATE #1 1 14x20x1 Pleated GATE #2 1 12X20X1 GATE #3 1 14X20X1 GATE #4 1 12X16X1 Airport Operations 4 25X25X1 Computer Room BID ITEM #6 — Change Quarterly (East Terminal) AHU#52 Equip. Room 13 20X2OX2 Pleated Equip. Room 4 20X25X2 Rest Room 1 39X26X1 BID ITEM #7 — Change Ouarterly (West Terminal AHU#1 4 16X16X2 Pleated AHU#2 4 16X16X2 AHU#3 4 16X16X2 AHU#4 4 12X 16X 1 AHU#5 4 20X2OX2 BID ITEM #8 — Change Quarterly AIRFIELD MAINTENANCE AHU#1 Equip. Room 7 20X20X1 Pleated 3 24X24X 1 3 12X24X 1 BID ITEM #9 — Change Semi -Annually COOLING TOWER FILTERS Tower #1 2 16X20X2 FP200 Tower #2 2 18X24X2 FP200 Tower #3 2 18X24X2 FP200 BID ITEM #10 — Change Monthly TAXI CAB RESTROOMS 1 13X21X1 REVISED BID FORM City of Lubbock, TX Purchasing and Contract Management HVAC Air Filter Service for Lubbock Preston Smith International Airport ITB No. 19-14599-RR In compliance with the Invitation to Bid 19-14599-RR, 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. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 19-14599-RR is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM SERVICE LOCATION Contract Rate Annual Contract Rate I Passenger Terminal Building, (Semi -Annual) as specified herein. $ X2 S ) ? Passenger Terminal Building, (Bi-Monthly), as specified herein. 2T, , X6 (� 3 Passenger Terminal Building (Bi-Monthly) as specified herein L�;2 2/ L1,2o X6 4 Passenger Terminal Building (Monthly) as specified herein /��� l/ /r20 X12 �3 l/ 5 Parking Lot Gate Houses & Airport Operations Computer Room (Quarterly), as specified herein. t�V X4 6 East Terminal (Quarterly), specified herein. j� �j� D X4�� OD West Terminal (Quarterly), as specified herein. O/) X4 8 Airfield Maintenance Bldg. (Quarterly), as specified herein. A01 7� X4 9 Cooling Tower west of the Terminal Building, (Semi- Annual) as specified herein. �� �� X2 v 10 Taxi Cab Restrooms (Monthly) as specified herein. % - f' ,- X12 TOTAL BID: Items 1 through 10 (TOTAL ANNUAL CONTRACT PRICE) *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for HVAC Air Filter Service for Lubbock Preston Smith International Airport with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. 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. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ''/ %, net3Ocalendar 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 be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored 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 price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successfid 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, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will 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 materials/service as needed. THIS BID IS SUBMITTED BY Ole-' 1-AW,' /Y 1'8CSa corporation organized under the laws of the State of or a partnership consisting of �or individuaI trading as -Tllee Sc'o' l/iof the City of _ % O e-sh c! Firm: City: %f o e S Bidder acknowledges receipt of the following addenda: State: �.�5 Zip 7U 7�C Addenda No. f Addenda No. Addenda No. Addenda No. _ Date Y- 5' "/ 9 Date Sr� Date Date - must Sign by !rand Officer Name 'and Title: Please Print Business Telephone Number) / »' �UJZ 5�'r7l FAX: E-mail Address: lxe'G _5 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.