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HomeMy WebLinkAboutResolution - 2020-R0412 - Contract 15552 with Kleen Air Filter ServiceResolution No. 2020-RO412 Item No. 7.6 December 1, 2020 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. 15552 for air filter replacement at Lubbock Preston Smith International Airport, by and between the City of Lubbock and Kleen-Air Filter Services & 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 ATTEST: Dld.,o 'a .— -,K - Re cca Garza, City Sec eta APPROVED AS TO CONTENT: APPROVED AS --TO FORM: December 1, 2020 DANIEL M. POPE, MAYOR te, First Assistant City Attorney ccdocs/RES.Contract 15552 Air Filter Replacement at LPS1A November 13, 2020 Resolution No. 2020-RO412 City of Lubbock, TX Contract for Air Filter Replacement at LPSIA Contract 15552 THIS CONTRACT made and entered into this 1 St day of December , 2020, by and between the City of Lubbock ("City"), and Kleen-Air Filter Service & Sales, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Air Filter Replacement at LPSIA 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 Air Filter Replacement at LPSIA. 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, Air Filter Replacement at LPSIA and more specifically referred to as Items 1 through 9 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 term of one year, with the option of four, one year extensions, said date of term 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 determined 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. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. 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. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 7. 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 following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ® To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY El AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos EXCESS LIABILITY ® Umbrella Form GARAGE LIABILITY ❑ Any Auto 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 $4,000,000 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 $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, 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 attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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 1314 Avenue K, Floor 9 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. 8. 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. 9. 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 document, this provision shall control. 10. 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 from any payments due Contractor. 11. 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 funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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. 12. 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. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms 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. 14. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 15. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. HB 89 The Contractor warrants that it complies with Chapter 2270.001 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 term of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel " means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 21-15552-CM, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITC�nK Daniel M. Pope, Mayor Author' ed epresentative X �,�i/� ATTEST: Print Nam6 Tebe\cj Garza, City Secreta Address APPROVED AS TO CONTENT: City, State, Zip Cod Lubbock Preston Smith I ternational Airport irel`A.rn�W 1l-23 City of Lubbock, TX Purchasing and Contract Management ITB 21-15552-CM Air Filter Replacement at LPSIA Specifications Scope: I . The contractor shall provide and install all air filters indicated for the following facilities at the airport. Main Passenger Terminal Building Parking Lot Gate Houses (4) Airport Operations Computer Room East Terminal (Lubbock Aero East, Customs & Border Protection, Contracted Weather Observation Offices) West Terminal (Roy Neal Agency) Airfield Maintenance Facility Terminal Cooling Tower (west of the terminal bldg.) 2. Framed filters, fan coil filters, and pre filters will be installed on a bi-monthly, quarterly, and six month basis. Filter replacement will take place during the first week of the month according to this schedule: Bi-Monthly I" week of April, June, August, October, December, and February. Quarterly I" week of April, July, October, and January Six Month I` week of April and October 3. Filters shall be sized to fill the entire cross section of the units to prevent blow -by and eliminate empty filter space in the units. 4. Filter media shall meet MERV 11 standards. 5. Contractor shall schedule filter changes during normal City of Lubbock business hours (8 a.m. to 5:00 p.m. Monday -- Friday) and will coordinate with the Maintenance Department the day before filter servicing is scheduled. 6. Contractor will remove all filter media for off -site 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 $30, effective 1/1/21. An ID badge will be issued after an employee completes the appropriate training class. The ID badge will then be held in the Airport Operation's Office for daily check -in and check-out. The contractor should allow for up to three weeks for processing of all CHRC's, training classes, and badge issuance. A member of the contractor management team must also satisfactorily complete a CHRC and complete additional training to become an Authorized Signature Holder (ASH). Once certified, the ASH must sign off on all contractor employee's ID application forms and be responsible for the accounting of all ID badges issued to the contracting firm. 8. If the contractor's employees notice any discrepancies or unusual conditions with the HVAC equipment while performing their work, promptly report the observations to the Building Maintenance Supervisor. 9. A detailed breakdown of filter sizes, locations, and frequency of servicing follows. Unit Location Quantity Size Main Terminal -Type Bid Item #1 Semi -Annually Wall Filters - Back Draft AHU's 1,2,&3 30 20x25x2 FP200 18 16x25x2 FP200 Maintenance Shop Filters 3 45xl3xl FP200 Wall Filters - Back Draft 20 24x24x2 FP200 Wall Filters - Back Draft 17 16x25x2 FP200 AHU's 11 & 12 12 20x25x2 FP200 1 16x20x2 Bid Item #2 - Chance Bl-Monthly AHU #1 8 24x24x2 2 12x24x2 10 20x2Ox4 5 20x16x4 AHU #2 8 24x24x2 6 24xl2x2 9 20x2Ox4 6 24x20x4 AHU #3 12 24x24x2 3 12x24x2 12 24x24x4 3 12x24x4 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 24x20x2 4 24x20x4 AHU #9 20 24x24x2 AHU #10 6 24x24x2 3 12x24x2 AHU #11 8 24x24x2 6 24xl2x2 9 20x2Ox4 6 24x20x4 AHU #12 12 24x24x2 3 24x24x4 12 20x24x4 Pre -filters 12 20x24x4 3 24x24x4 AHU #24 15 20x2Ox2 10 24x20x2 15 20x2Ox4 10 24x20x4 AHU #25 High Roof East to West 6 24x24x2 AHU #26 6 24x24x2 AHU #27 Low Roof Middle 6 24242 AHU #28 High Roof East to West 4 24x24x2 AHU #29 12 24X24X2 15 20x2Ox2 10 24x20x2 15 20x2Ox4 AHU #30 10 24x20x4 AHU #31 1 20x25x2 AHU #32 9 24x24x2 Wall Filters Low Roof West End 6 24242 Generator Room 12 24x24x2 Bid Item #3- Change Bi-Monthly AHU #13 4 16x25x2 Pleated AHU #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 #21 1 16X32X2 1 20X32X2 AHU #22 1 16X32X2 1 20X32X2 AHU #23 4 16x25x2 Airport Operations Computer Room 4 25x25xl Bid Item #4 - Change Ouaterly (East Terminal AHU #52 Equipment Room 13 20000 Pleated Equipment Room 4 20x25x2 Restroom 1 39x26x 1 Bid Item #5 - Change Ouarterly (West Terminal AHU #1 4 16xl6x2 Pleated AHU #2 4 16xl6x2 AHU #3 4 16xl6x2 AHU #4 4 12xl6xl AHU #5 4 20000 Bid Item #6 - Chance Ouarterly Airfield Maintenance AHU #1 Equipment Room 7 20x20xl Pleated 3 24x24x1 3 12x24x1 Bid Item #7 - Change Semi - Annually Cooling Tower Filters Tower#1 2 16x20x2 FP200 Tower#2 2 18x24x2 FP200 Tower#3 2 18x24x2 FP200 Bid Item #8 - Change Monthly Taxi Cab Restroom 1 13x21x1 Bid Item #9 - Change Monthly Shelter Park 1 1 20X25X1 Prin6trype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. BID FORM City of Lubbock, Tx Purchasing and Contract Management AIR FILTER REPLACEMENT AT LPSIA ITB No. 21-15552-CM In compliance with the Invitation to Bid 21-15552-CM, 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 21-15552-CM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY (+/-) a UOM SERVICE LOCATION UNIT PRICE* EXTENDED COST **Delivery days ARO a x b 1 2 LS Main Terminal Building (Semi -Annual) as specified herein Q O n as 2 6 LS Main Terminal Building (Bi-Monthly) asspecified herein C j Do S 31, 9 yc/ 0o 3 6 LS Main Terminal Building (Bi-Monthly) as specified herein 4 4 LS East Terminal (Quarterly) as specified herein 1 t7c D 5 4 LS West Terminal (Quarterly) as specified herein 0. Do 9D.. oo 6 4 LS Airfield Maintenance Building (Quarterly) as specified herein N 3, 00 L5 7 .0 D 7 2 LS Cooling Tower (Semi -Annual) as specified herein !� d 00 8 12 LS Taxi Cab Restrooms (Monthly) as specified herein 9 12 LS Shelter Park (Monthly) as specified herein J //` UQ 3 ! 3).00 O Total (Items 1- 9) S *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. By Au Of P1e - _ • -•-- Business Telephone Number (/� '�J / / �/ ' OOt �/ FAX:OZ�3111-7d ,9j E-mail Address: 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.