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R-13-06-27-E8 - 6/27/2013RESOLUTION NO. R -13-06-27-E8 WHEREAS, the City of Round Rock has duly advertised for bids to purchase certain on-site services in the nature of general building construction trades services (HVAC) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for associated goods and services; and WHEREAS, TDI Industries, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of TDI Industries, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of General Building Construction Trades Services (HVAC Trade) From TDI Industries, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June, 2013. 0 M t: � -, �_� AL MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O: \wdox\SCCI nts\0112\ 130CMUNIC IP AU00276910.DOC EXHIBIT "A„ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (HVAC TRADE) FROM TDINDUSTRIES, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (HVAC) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TDIndustries, Inc., whose address is 2701 Gattis School Road, A-101, Round Rock, Texas 78664, referred to herein as "Vendor." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services in the nature of general building construction trades services (HVAC) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter- into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to bury specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-016, Specification Number 13-910-36, 13-914-50 ("IFB" ): (b) Vendor' Response to IFB; (c) contract 00273720.doc/jmr award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor' Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts. or other industrial disturbances, acts of the public enemy; orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Vendor means TDIndustries, Inc.. or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and incorporated herein by reference for all purposes. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested 2 increase. Vendor may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in the IFB; and Response to IFB submitted by Vendor, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: Vendor shall be considered as one of two providers of the specified goods and services, and shall be considered the secondary provider. City may, in its sole and unfettered discretion. elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. Vendor specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods and Services — Emergeney Service Calls. Vendor specifically further acknowledges and agrees as follows: Vendor shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24!7 basis with a maximum two (2) hour response time. Vendor shall provide City with a 24-hour emergency contact telephone number connected with, at minimum. a voice mail paging syste►n outside of regular business hours. City shall make a notification call to Vendor by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Vendor does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Vendor to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated herein within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion. in cancellation of this Agreement in whole or in part. When City has notified Vendor of an emerzency service call situation. Vendor shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event Vendor may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from another provider or from a different source. Mandates for Provision of Goods and Services — Non-Ernmenev Service Calls. Vendor specifically further acknowledges and agrees as follows: City shall make a notification call to Vendor by telephone with non -emergency instructions when City has designated a non-emeraencv service call situation. In the event that Vendor does not answer the telephone and/or return City's notification voicemail within twenty- four (24) hours of initial placement of call by City, and provide a written estimate within forty- eight (48) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non - returned voicemail within twenty-four (24) hours may result in City declaring Vendor to be non- compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non- compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has designated a non-emeroencv service call situation. Vendor shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Vendor shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event Vendor may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining provider or from a different source. 4 5.01 ITEMS AWARDED Only if, as, and when needed by City, painting services are awarded to Vendor in accordance with bid items #I through and including #6 shown on Exhibit "A," as follows: Regular Hourly Labor Rate Overtime Hourly Labor Rate Materials (if on Cost -Plus basis) Percentage Markup 6.01 COSTS $72.00 (no minimum hours) $108.00 (no minimum hours) $0.00-$100.00: 70% $101.00-$250.00: 50% $251.00-$500.00: 40% $501.00 +: 30% Vendor specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C. and Local Government Code, Title 8, Chapter 271, Subchapter F. Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to Purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from 5 lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback' procurements. 9.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of tennination at the end of its then -current fiscal vear. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later.. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance ofthis Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 6 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor' charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB (including all attachments and exhibits), and its bid response. 1.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdom inguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Il Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein: or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City s delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such termination notice, Vendor shall submit a statement showing in detail the goods and services satisfactorily performed hereunder to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor' agents, employees or subcontractors, in the performance of Vendor' obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 8 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: TDlndustries. Inc. Ms. Melissa Gill 2701 Gattis School Rd. A-101 Round Rock, Texas 78664 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO Round Rock, TX 78664 Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. duly authorized by action of the City Manager or City Council. 9 2.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor' failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given. and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. H1 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest: By: Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney TDIndusst'r`ies, Inc. Printed Name: (:- y )dA Scall W Title: SY . V'kC.e_'P�-sa6i- Date Signed: 5- 10 -13 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER '13-910-35,13-914-50 CITY OF ROUND ROCK INVITATION FOR BID HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS AND SERVICES PART GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a qualified Individual, Firm, or Corporation, to provide various types of Heating, Ventilation and Air Conditioning, herein after "HVAC" systems and services to include installation, repair and maintenance for City facilities. The City intends to award one (1) primary contract and one (1) secondary contract based on the best value for the City. The Secondary Successful Respondent, herein after "Secondary Contractor will be used if the Primary Successful Respondent, herein after "Primary Contractor" cannot provide the service within the requested timeframe. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http://www.rouildrocktexas.gov/home/index.asp?paqe=463. 2,1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terns and conditions may result in disqualification of the response. 2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for goods, equipment, labor and/or services to the City. 2.3. Contractor - an individual or business enterprise under contractual obligation arising from an agreement or purchase order, which furnishes goods, equipment, labor and/or services to the City. Also known as Vendor or Awarded Vendor. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on the City's website at http://www.roundroci(texas.gov/homelintiex.asp?parte=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Respondent's Reference Sheet 4.2. Attachment B: Bid / Price Sheet 4.3. Attachment C: City of Round Rock Facilities / HVAC Equipment Listing 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dktiutsoil@rOLindrocktexas.gov 1 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36.13-914-50 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rack references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. (See Attachment A provided). E -Mail addresses are required. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deerned most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. AGREEMENT TERM: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to. review the Contractor's performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty (30) days to correct such deficiencies. If the Contractor fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the Contractor written notice of termination and the reason for the termination. 8.4. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 2 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing adjustment subject to approval by the City. The request must show just -cause substantiating an adjustment in the form of an affidavit or certified statement from a supplier documenting the reason for increase. The requested adjustment must be for goods or services and may in no way represent an increase in the Contractor's overhead. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Contractor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by supplier's documents and make change to the purchase order within thirty (30) days of the request, negotiate with the Contractor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on tite City's website at http://www.roundrocktexas.gov/home/itidex.asp?page=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Contractor will be notified within this time frarne if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the Contractor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. Tile Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving the Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggybacW procurements. PART 11 SCHEDULE SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released March 9, 2013 1.2. Deadline for questions March 19, 2013 1.3. City responses to all questions or addendums March 21, 2013 1.4. Responses for solicitation due by 3:00 PM March 26, 2013 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART Il, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, littp://www.rouiidrocktexas.gov/hoi-ne/iiidex.asp?paqe=463. Questions shall be submitted to the City contact named in PARI- I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 4of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if return address is provided. 2.5. Responses cannot be altered or amended after opening. 2.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 2.7. The City will not be bound by any oral statement or offer made contrary to the written specifications SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.rOLlndrocktoxas.gov/home/iiidex.asp?paqe=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to: 4.1. City contact(s) information for implementation of agreement; 4.2. Agreement terms and conditions; 4.3. Identification of specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS HISTORY: The City has approximately forty six (46) facilities and approximately two hundred and eight (208) HVAC units to maintain. The HVAC units range in size from one half ('/) ton to ninety (90) tons. The brands typically consist of Carrier, Trane and Lennox units (see Attachment C). Facilities maintained consist of both commercial and residential structures, including but riot limited to emergency response and office buildings. 1.1. City facilities are under the supervision of the City's authorized and designated representative herein after "Facilities Manager": Pete Dominguez, Facilities Manager Phone #: 512-341-3144 2. SCOPE OF WORK: The awarded contract will cover projects for the City up to $ 15,000.00. Only services meeting the specifications herein will be accepted. The Contractor shall: 2.1. Provide HVAC Systems on an as needed basis; 2.2. Provide any and all on-site services required by the City including all personnel, equipment, tools, materials, supervision, labor and other items and services necessary to perform maintenance, repair and installation for various City -owned or occupied locations; 2.3. Have an organization proficient in carrying out multiple projects, which may be performed on the exterior or interior of buildings, simultaneously for emergency and non -emergency calls; 2.4. Not perform services without prior authorization from the Facilities Manager; 2.5. Monitor the overall performance of all system equipment and provide the Facilities Manager written recommendations for enhancements or changes. 5 of 112 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13.910-36,13-014-50 2.6. Service Visits shall include: 2.6.1. Annual Pre -winter startup preventative maintenance schedule of HVAC system shall be as needed; 2.6.2. Annual Pre -summer startup preventative maintenance schedule of HVAC system shall be as needed; 2.6.3. Tune ups and/or replacing of HVAC parts shall be as needed; 2.6.4. Inspections and cleaning of HVAC units shall be as needed; 3. DISTANCE REQUIREMENT; In order to assure the City does not encounter delays in emergency and regular service, shipping or other unforeseen problems that can occur with out of area Vendors, Respondent shall be located within thirty five (35) miles from Round Rock, Texas. 4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials furnished in carrying out this agreement shall be new and of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. The Contractor shall: 4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities Manager; 4.2. At the conclusion of the project, demonstrate to the Facilities Manager that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the Facilities Manager; 4.3. At all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health; safety, and environmental laws, ordinances, rules and regulations. 5. WORKFORCE: Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Contractor shall: 5.1. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States; 5.2. Provide background checks on all employees assigned to a project prior to commencement of work to the Facilities Manager; 5.3. Assign to the City only courteous, neat, orderly and `competent workers, skilled in the performance of the services which they shall perform under the Agreement; 5.4. Require all employees to wear City issued badges in a visible manner at all times while on City property. Upon approval, the Facilities Manager shall provide site access to the Contractor and all required personnel. 6. HVAC CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for HVAC installation, repair and maintenance required by the City. The Contractor shall ensure that all personnel are skilled and qualified to perform the services as requested. The HVAC Contractor shall: 6of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36, 13-914-50 6.1. Be licensed to perform HVAC work as required by the Texas Department of Licensing and Regulation as an air conditioning and refrigeration contractor. Respondents shall submit a copy of the Contractor's license with the solicitation response; 6.1.1. HVAC licensed Contractor shall have at least five (5) years' experience. 6.2. Assign only certified technicians to assist in the performance of maintenance, installation and repair HVAC units for the City. Respondents shall submit a copy of the Technician's certifications with the solicitation response; 6.3• Perform functions that include but not be and scheduled maintenance, and other HVAC drelated layouts, assdescribed bytheFacilities Manager; 6.4. Have access to and have a working knowledge of all the tools and equipment to install, repair and service the units specified on the City of Round Rock Facilities / HVAC Equipment Listing (See Attachment C); 6.5. Be able to work unsupervised and run a crew; DESIGNATED PERSONNEL: In order to maintain consistent standards of quality work performed across the City, the Contractor shall identify and designate crew leader, crew and point of contact for City projects. 7.1. Respondent shall indicate on the Bid sheet J Price sheet the Respondent's Designated Contact Person's name and telephone number. 7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew Leader/Supervisor and Crew before work commences. 7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the term of the contract or upon termination of the employee. If a change has been made in the personnel list due to termination, the Facilities Manager shall be notified by the Contractor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the Facilities Manager. 8. SCHEDULING _/ RESPONSE TIME: All work shall be scheduled at the convenience of the City as not to interfere with the City's conduct of business. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site. Response times shall be as follows: 8.1. Non -Emergency Service Calls: Regular business hours shall be from 7:00 AM to 6:00 PM, Monday through Friday (excluding weekends and holidays). 8.1.1. Contractor shall respond within twenty four (24) hours after the request is placed. 8.1.2. Contractor shall provide a written estimate within twenty four (24) hours, if the job is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the Contractor shall respond and provide a written estimate within forty eight (48) hours. 8.1.3. All work shall begin within five (5) days of the original request and completed within the time projected / anticipated on the Contractor's estimate. 8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the emergency request the City will then contact the Secondary Contractor. The City reserves the right to contract with any contractor in the case of an ernergency, and no response or untimely response has been made with either the Primary or Secondary Contractors. Contractor shall: 8.2.1. Respond to emergency calls within two (2) hours after the request is placed. 8.2.2. Be on site at the location of required service within four (4) hours after notification by the City. 7of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 113-910-36,13-914-50 8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. 9. WORK HOURS: 9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding weekends and holidays). 9.2. Overtime hours consist of hours outside the City's regular business hours, weekends, and holidays. Overtime pay will be allowed by the City, only upon approval of the Facilities Manager in advance of work. Overtime work shall be based on the rate of regular labor not to exceed one (1) and one half (1 '%) times the fixed hourly rate .for the tradesman performing the service. 9.3. City Holidays include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve and Christmas Day. 9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities Manager or an assigned authorized representative. 10. SUBCONTRACTORS: Contractor shalt not sublet any work out to a third party. The City seeks to do business directly with a skilled HVAC Technician who will remain on site for the duration of each project or assign a designated, skilled HVAC Technician on staff to be the City's primary point of contact. 11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires worker's compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at http://wljvw.tdi.texas..qov/index.html. 11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 12. SAFETY: The Contractor and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA) state and city safety and occupational health standards and any other applicable federal, state, and local health, safety and environmental laws, ordinances, rules and regulations in the performance of the services. All Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under the awarded contract. In cases of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 12.1. Material Safety Data Sheets: Contractor shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances being used. 13. SERVICE / REPAIR PARTS: At the time the City calls for service, and the Contractor determines a location needs repairs: 13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours; 13.2. All remaining parts shall be normally on-site within forty eight (48) hours; 8 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days; 13.4. The Facilities Manager shall be consulted when it is determined major components are in need of replacement. A major component shall be considered any single item or part whose estimated cost is in excess of $ 500.00. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Contractor shall verify with the Facilities Manager and make necessary arrangements for security and storage space in the building during installation. 15. WARRANTY: Contractor shall provide a one (1) year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 16. QUANTITY: The quantities shown on Attachment C: City of Round Rock Facilities / HVAC Equipment Listing are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed ten percent (10%) waste expectation on all quantities. 17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the Facilities Manager. The City of Round Rock's permit fees shall be waived. 18. DAMAGE: Contractor shall be responsible for damage to the City's equipment and or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. Contractor shall respond with a written estimate within twenty four (24) hours, if the estimate is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the estimate time will be within forty eight (48) hours. Estimates shall include: 19.1. Department name and location of the project; 19.2. Contractor's designated contact name and telephone number; 19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, transportation, and payroll expenses. 19.4. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and pails shall be new and the same as the existing or an approved equal; 19.5. Cost of Equipment rented to complete project; 19.6. Total Cost (Labor and materials); 19.7. Description specifying work to be done; 19.8. Time projected to complete the project / anticipated completion date. 9 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 20. REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall include: 20.1. Contractor's designated contact name and telephone number; 20.2. Date and time repair request was received; 20.3. Location of the work site; 20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this contract shall be only for productive hours beginning and ending at the job site); 20.5. Time spent for repair / maintenance / installation; 20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment; 20.7. Any problems identified and any corrective action taken; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or all approved equal; 20.9. A detailed description of all the completed repair work certifying the location is in working order, which shall be signed by the Facilities Manager at the time the work is completed. Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and materials basis using contract pricing. 21. SERVICE RECORDS: In addition to the repair report(s), Contractor shall maintain a complete record of all service performed on each location, including all parts replaced. All service records and all test results shall be furnished to the Facilities Manager for review upon request. 22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address invoices to the City as follows: 22.1. Repair Work: The total hourly and overtime rate price for labor shall include costs of labor, overhead charges, travel, tools and equipment necessary to complete the work, transportation, and payroll expenses. Parts and materials shall be billed separately. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site; 22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 4 of the bid / price sheet, will be allowed for material that the Contractor has to purchase and re -bill. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 22.3. Cost of Equipment rented to complete project; 22.4. The Contractor may submit the Repair Report (See PART 111, Paragraph 19) as all invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. 22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART I, Paragraph 12). Any advancement for parts or supplies will not be permitted. 10 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36, 13-914-50 PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a .tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) executed (signed) original and five (5) copies of each response. For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar services within the past two (2) years. 2. Attachment B: Responses shall be submitted on itemized, signed Solicitation Bid / Price sheet provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 3. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 4. The Respondent shall be licensed to perform HVAC work as required by the Texas Department of Licensing and Regulation as an air conditioning and refrigeration contractor. Respondents shall submit a copy of the Contractor's license with their solicitation response (see Part 111, Paragraph 6). 5. The Respondent shall assign only certified technicians to assist in the performance of maintenance, installation and repair HVAC units for the City see Part 111, Paragraph 6). Respondents shall submit a copy of the Technician's certifications with their solicitation response. 6. Any other Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications can be submitted with the response for review and may be considered as value added benefits. The following items shall be made available upon request by the City prior to award and the approval of any contract: 1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 2. Proof of citizenship or right to work in the United States and background checks shall be provided for all employees assigned to work in and on any City property prior to commencement of work to the Facilities Manager. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. • Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13.910-36,13-914-50 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, E-mail address, telephone number and point of contact of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( } 2• Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( ) 3- Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 �ROUIVD ROCK. TEXAS 1i•ifflH in5<M\ (Xtrtil F:l1 BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION Solicitation Number: #13-016 UNIT OF MEASURE Unit Price Labor rates paid shall be only for productive hours beginning and ending at the job site. Labor rates shall include all direct and indirect costs such as transportation and overhead. r Regular business hours are from Monday through Friday, 7.00 am to 6:00 pai. 1 REGULAR HOURLY LABOR RATE: 1 HOUR 2 MINIMUM 4 HOURS (iF ANY): Tax ID Number: z Solicitation Name: HVAC Systems and 5 OVER'T'IME HOURLY LABOR RATE: Business Name: HOUR Q 6 Services o _ Address:d W Opening Date: March 26, 2013 2 Address: z Opening Time: On or Before 3:00 PM CST z Contact: Opening Location: City of Round Rock w Telephone: _v City Hall z —' 221 E. Main Street CL Entity Type: Round Rock, TX 78664 w E-mail: i W I Website: --- ----- - HOW DID YOU HEARABOUTTIRS ❑ Newspaper ❑City's Website DE -mail Announcement ❑ ESSU 11 Other SOLICITATION? IS — THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING ❑ Yes ❑ No REGISTERED WITH ❑ Yes ❑ No Register at: roundrockteXas.gov/VencdforCentraI 7HE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION QTY UNIT OF MEASURE Unit Price Labor rates paid shall be only for productive hours beginning and ending at the job site. Labor rates shall include all direct and indirect costs such as transportation and overhead. r Regular business hours are from Monday through Friday, 7.00 am to 6:00 pai. 1 REGULAR HOURLY LABOR RATE: 1 HOUR 2 MINIMUM 4 HOURS (iF ANY): :HOUR(S) £" Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (t %) times the regular hourly labor rate. 5 OVER'T'IME HOURLY LABOR RATE: 1 HOUR 6 PERCENTAGE (%) MARKUP (IF ANY): Part 2: Additional Information CONTACT INFORMATION: Indicate a contact person and telephone number for normal working hours/service calls Designated Contact Person: Phone It PRODUCT / SERVICE: The City's facilities are equipped with various HVAC systems (See Attachment C) including, but not to be limited to Carrier, Trane and Lennox. Can you provide products, installation and service for the various systems across the city? ❑ Yes ❑ No Are your firm's Technicians certified to repair, install and perforin maintenance on the City's existing brands of equipment? ❑ Yes ❑ No Note: Contractor shall not sublet any work out to a third party. Contractor shall provide background checks and proof of right work in the United States for all employees designated to the City prior to commencement of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting Froin this solicitation may qualify for Inler-local or Cooperative Contracting (Piggybacking) per the terms outlined in Part]. #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies? ❑ Yes ❑ No Response shall include one (1) signed original and five (5) copies of response. Printed Name Failure to sign response wilt disqualify response. Authorized Signature Date City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model City Hall - 4 units 24,000 RTU #1 50A3B03MZQ611GB RTU #2 50A36020MXQ611GB RTU 43 50A3B025MXQ611GB Mitsubishi CU #1 POY-A18NHA2 Business Center Complex --4 units 18,500 RTU Ill 50A313027AEG01934 RTU H2 50A36027AEG01934 Mitsubishi CU #1 PUY-A18NHAZ Mitsubishi CU #2 PUY-A18NHAZ Library - 22 units 42,000 Carrier 25HBC360A600 Carrier 25HBC36OA600 Carrier 25HBC366A600 Carrier 25HBC366A600 Carrier 38AUQA16AOA6AOAOAO Carrier 25HBC36OA600 Carrier 38AUQA08AOA6AOAOAC Carrier 38AUQA08AOAGAOAOAO Carrier 251IBC360A600 Carrier 38AUQA08AOA6AOAOAO Carrier 25HBC360A600 Carrier 2SHBC360A600 Carrier 25HBC518ABOO Carrier 25HBC518A300 Carrier 25HBC324A300 Carrier 25HBC518A300 Trane 25HBC336AG00 Carrier 3SAUQA08AOA6AOAOAO Carrier 2TWA3060A400AA Trane 2-FWA3060A400AA Carrier 25HBC360A600 Carrier 25HBC324A300 Public Works- 8 units 11,722 Carrier 48HJ006-531 Carrier 48HJ006-531 Carrier 48HJ008-531 Carrier 24ABB360A320 Carrier 14AJA48A01 Trane 4TTR3048A1000AA Trane 4TTR3048A1000AA Friedrich MR30C3F General Services Division - 6 units 5,046 1 Lennox - Unit #1 NO DATA Lennox - Unit 42 NO DATA Lennox - Unit 43 NO DATA Lennox - Unit t14 NO DATA Lennox - Unit #5 NO DATA Lennox - Unit 116 NO DATA City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Utility Support / Storage Buildings - 2 units 4,250 f►] Carrier Pag Unit 50GX-042-301A0 Rheem PRF036JAS Vehicle Maintenance Facility -4 units 9,540 Rheem RAKB060CAI Rheem RAKB036CAI Rheem RAK8060CAI Lennox 13HPX-018--230-110 Small Engine Shop - 1 unit 1,500 American Standard (WaIIPak) PTHC1201GCA Water Treatment Plant Lab - 2 units--- 2,435 Lennox HP290601Y Lennox HP290361Y Water Plant Phase III - 7 units 14,876 York ElFD0185060A Rheem RAKB060DAZ Rheem RAKB060DAZ York EIRA030506D York EIRB048546A Carrier 38YCC060620 Carrier 5AI-11004621 Water Plant Phase V - 5 units 14,876 Carrier 38AKS014621 Carrier 38CKC06070 Carrier 38CKC048060 Carrier 38BRC24330 Carrier 38CKC060670 Police Facility - 52 units 124,000 MAUTA FWA175/DJE20/0 MAUIE FWA175/DJE20/0 MAUIF F-WA175/DJE20/0 RTU IIIA LGA090H2BS3G RTU 111B LGA060H2B52G RTU 111C LGA0901-121353G RTU 1111) NO DATA RTU #1E NO DATA RTU #1F LGA060H2B52G RTU 42A LGA060H2BS2G RTU #26 NO DATA RTU #2C LGA120112.BM3G RTU 42D NO DATA RTU 42E NO DATA RTU 92.F NO DATA RTU 113A LGA060l-i2BS2G RTU 113B LGA048H2BS3G RTU #3C NO DATA RTU 13D LGA04BH2BS3G f►] City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Police Facility - 52 units Con't 124,000 Central Fire Station - 7 units 17,468 RTU #3E LGA048H2BS3G RTU 93F LGA090H2BS3G RTU #4A LGA048H2BS3G RTU #46 LGA060H2BS2G RTU 114C LGA060H2BS2G RTU #41) LCA048H2D36 RTU #4E LGA060112BS2G RTU #4F LGA090H2B53G RTU 115A LCA072H2H2BF1G RTU 45B LGC156H2BS2G RTU 45C LGA090H2BS3G RTU 45D NO DATA RTU 45E LGA060H2BS2G RTU 145F LGA036H2BSZG RTU 46A LGA102112654G RTU ##6C LGA036HTBS2G Kru #6E LGA048H2BS3G RTU #6F LGA060H2BS2G RTU #7A LGA090H2BSBG RTU #7C LGC072S2BHIG RTU #71) NO DATA RTU #7E NO DATA RTU 47F LGA090F2BS3G RTU I#8A LGA072112BH2G RTU 481' LGA036H2BS2G RTU #9A LGA090H2BS3G RTU 49F LCG07252BH1G RTU #10A LGA072H2BH2G RTU 010F LGA048112BS3G RTU 1111A LGA090H2BS3G RTU 1111E LCC180H2BN1G RTU #12A LCA03GH2BN1G RTU 4121' LCC180H2BN1G Carrier 481-ICDA0602M5A0K3C0 Carrier 48HCDA052M5A01<3C0 York D2NH048N09025A Comfort Star CCH024CD-A10 Trane 2A7B0036A100AA Trane TWR036C100A2 Trane TWR060C100A2 Fire Station No. 2 3 units 7,677 Trane 2TTB304SA1000AA Trane 2TTB3048A100AA Trane 217133036A100AA rn a adlion ivo. s - [ units 6,550 C Carrier 24ABB348A310 Carrier 24ABB34BA300 City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Fire Station No. 4 - 2 units 6,550 Lennox LGA048H2BS3Y Carrier 24ABB330A310 Carrier Carrier 24ABB336A310 24ABB360A320 Fire Station No. 5 - 2 units 6,500 Lennox LGA072H213S24 Carrier 501'C-D12AZG6AOAOAO Carrier Carrier 38BYC060310 38BYC048310 rrre Station No. 6 - 5 units 11,850 Bard (wall mount) WL192-A0ZEPXX31 Bard (wall mount) WL142-AOZEPXX31 Lennox LGA048H2BS3Y Carrier 24ABB330A310 Addison NO DATA Carrier 24ABB330A310 Lennox LGA072H213S24 Carrier 501'C-D12AZG6AOAOAO Lennox LGAO60H26SY Carrier 50PG-M07-A-60 Lennox LGA048A2BSY Fire Station No. 7 - 3 units 6,500 Lennox SSB0601-14541Y Lennox SSB048H541Y Lennox SSB036H4541Y Traffic Signals & Signs - 2 units 8,510 Lennox NO DATA Lennox NO DATA McConico Building - 14 units 27,284 Trane TED330A4AKIC6D50BCOOF6HJOOlV10 Trane TED330A4AKIC6D50BCOOFDl-lJ00M0 Trane TED330MAKIC050BC00FDH100M0 Trane TED330A4AKIC6D50BC00FDHJOOMO Trane TED330MA1<IM508COOFDHJOOMO Trane TED330A4AKIC6D5OBCOOFDHJ00M0 Trane TED330A4AKlC6D506COOFDHJOOM0 Trane TED330MAKIC6DSOBCOOFDH100M0 Trane TED330A4AKICGD50BCOOFDHJ00M0 Trane TED330A4AKICGD50BCOOFDHJOOM0 Lennox LCA203HN3G Lennox I-CA120HMlG Mitsubishi PU24EK Trane TED330MAK1CGE508COOFDHJOOM0 Chlorinating Building - 2 units 2,000 Bard (wall mount) WL192-A0ZEPXX31 Bard (wall mount) WL142-AOZEPXX31 High Service Building @ WTP - 7 units 800 Carrier 24ABB330A310 Carrier 24ABB330A310 Carrier 24ABB330A310 Carrier 50TC-D12AZG6AOAOAO Carrier 501'C-D12AZG6AOAOAO Carrier 50PG-M07-A-60 Carrier 50PG-M07-A-60 4 City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Pump Station Building @ Lake Georgetown - Model 6 units 3,750 Bard WA602-A00 Bard WA602-A00 Carrier 50PM-C15HE50-DM Carrier 50PM-C15HE50-DM Aaon RM10480B681-000X2 Lake Creek Pump Station -1 unit Aa on RM 10480B681 -000X2 400 Rock NRiver - 2 units Trane 4TWB3018A1000BA 1,500 Lennox 5ton PARD Yard - 4 units Lennox 5ton 10,000 Trane 2TWA00—GO A300A3 Trane 2TWA0048A300AB R U U D RSKA-A0185 KOO Trane 2TWA0060A300AB Allen R. Baca Senior Center, Bldg. 2 -4 units 28,435 Carrier 48H6—DO 16B-6AE Carrier 48HJD009H-64113Q Carrier 48H11:004H-641 Allen R. Baca Senior Center, Parking Garage - Carrier SOZND09OBDL610CH 1 unit 40,000 Kinningham Park House - 1 unit Mitsubishi 3 ton 2,829 Stone Oak -1 unit No Data 5 Yon Bard 3 ton lr `ROUNDROCK.TEXAS we- �y+.yn.� to5etnm BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 HOW DID YOU HEAR ABOUT THIS SOLICITATION? ❑ Newspaper ❑City's Website ME -mail Announcement ❑ ESBD ❑ Other IS THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING ❑ Yes _M No REGISTERED WITH Yes ❑ No Register at: roundracktexas:gov/VendorCentral TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION Solicitation Number: #13-016 Solicitation Name: HVAC Systems and UNIT OF MEASURE Tax ID Number: 2_co - 01-tGLj 6j Z Business Name: TQ1i1rjU5�1�1 P.St IIr1C. z '** Labor rates shall include all direct and indirect costs such as transportation and overhead. *`* Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. Services Q Address: 2731 C1ai; iS Sk'h M E; A -I0) HOUR 2 MINIMUM # HOURS (IF ANY): d HOURS) O exceed one and one half (1 %) times the regular hourly labor rate. Opening Date: March 26, 2013 OVERTIME HOURLY LABOR RATE: Address: d R C c h I I X 796(lq HOUR `(�a 00 6 PERCENTAGE (%) MARKUP (IF ANY): LL �RUon z Opening Time: On or Before 3:00 PM CST z Contact: O Fr Opening Location: City Round Rock z W Telephone: �5�2� yLt 5 --GO GC) Q of City Hall p Entity Type: Iy\CoY-Poti-o- on 221 E. Main Street 0- Ln Round Rock, TX 78664 a E-mail: Website: U)(0(t) "t(�iYldt}S�YI�S-Cb(Yl HOW DID YOU HEAR ABOUT THIS SOLICITATION? ❑ Newspaper ❑City's Website ME -mail Announcement ❑ ESBD ❑ Other IS THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING ❑ Yes _M No REGISTERED WITH Yes ❑ No Register at: roundracktexas:gov/VendorCentral TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION QTY UNIT OF MEASURE Unit Price *** Labor rates paid shall be only for productive hours beginning and ending at the job site. '** Labor rates shall include all direct and indirect costs such as transportation and overhead. *`* Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 REGULAR HOURLY LABOR RATE: 1 HOUR 2 MINIMUM # HOURS (IF ANY): HOURS) *** Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 %) times the regular hourly labor rate. 5 OVERTIME HOURLY LABOR RATE: 1 HOUR `(�a 00 6 PERCENTAGE (%) MARKUP (IF ANY): C�iherrl�� % m Part 2: Additional Information CONTACT INFORMATION: Indicate a contact person and telephone numberfor normal working hours /service calls Designated Contact Person: &)hOn t`'l�. r,,f Phone # ( EJ IL-1 �ayi V � PRODUCT / SERVICE: The City's facilities are equipped with various HVAC systems (See Attachment Q including, but not to -be, limited to Carrier, Trane and Lennox. Can you provide products, installation and service for the various systems across the city? Q Yes F1 No Are your firm's Technicians certified to repair, install and perform maintenance on the City's existing brands of equipment? ® Yes F1 No Note: Contractor shall not sublet any work out to a third party. Contractor shall provide background checks and proof of right work in the United States for all employees designated to the City prior to commencement of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this Stale, codified In Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be dearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Part 1, #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies? ® Yes ❑ No Response shall include one (1) signed original and five (5) copies of response. f «<<� Pr ntf ed Narire 'i�— Failure to sign response will disqualify response —i d /4"-p -} Aultioreld Signature Melissa Gill Business Development Manager main 512 310 5050 fax 512 310 5069 cell 512 203 8409 24n service 512 445 6060 Melissa.Gill@TDlndustries.com o O m WDTDIndus" NJ,, 2701 Gattis School Road, Bldg A Ste 101, Round Rock, TX 78664 �3 2� J3 Date Clarifications to Price Sheet HVAC SERVICE RATES: HVAC Labor Rate: $72.00 per hour. Billing increments are each %z hour HVAC Overtime Labor: $108.00 per hour. Billing increments are each 'h hour Markup Scale: ® $0:00-$100.00: 70% ® $101.00- $250.00: 50% G $251.00-$500.00:40% e $501.00 +: 30% CONTACT INFORMATION If you do need assistance with any of our service or operational solutions in Central Texas please contact: a 24 -Hour Dispatch Service o Main Line: (512) 445-6060 o Email: dalservice(i�tdindustries.corn ® Melissa Gill o Account Manager, Central Texas Service o Cell: (512) 203-8409 o Email: Melissa.gillOwtdindustris.com ® John McRae o HVAC Service Manager, Central Texas Service o Cell: (512) 994-8287 o Email:lohn.mcrae@tdindustries.com a Jesus Cano o HVAC Field Supervisor, Central Texas Service o Cell: (512)848-45')8 o Email: Jesus.cano@tdindustries.com SOLICITATION NUMBER 13.016 SPECIFICATION NUMBER 13-910-36,13-914-50 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 13 _01 RESPONDENT'S NAME: DATE: J2- � --I Provide the name, address, E-mail address, telephone number and point of contact of at least -three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. Company's Name k GY lS lsp Name of Contact Lk!j w) Title of Contact ('.(��i3tt�r�;lt(71; Mc;i�_��5�r,i�c( c�nr Qo(> ,.V(xhi0 E -Mail Address d,V-)0c6C�7C.C..i< a-) ec (-,- l 5h r\6 - Present Address 10 W c '(\, ' -_) (. 5� L b City, State, Zip Code , I Y, I �3 7 11 (, G` c.1t L Telephone Number ( 512- } 732- IU J -€-ax-Number: Company's Name fje ,-�nY Cnt,1nl-4 Name of Contact ( rin Nl - L c c. erg Title of Contact es c0 Ii l efa O as naie ncc E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number (��t0) 335--91(jQ Fax Number: ('Zia)3aG-Co7G Caylas AIC',nsc) cay1 os a\onSoc5c;, 1-,,6. nt-� H-y,J S • `JGy-N nvi0 ) 9,2 93 Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 ®� CERTIFICATE OF LIABILITY INSURANCE DATE Dzrzc12D1320113 /YWYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of file policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tile certificate holder in lieu of such endorsimmant(s). PRODUCER CONTACT NAME-.----- AME:___Sallie SallieSlephers daHas.cartsQmarsh.com PHONE FA)C AL6LJo nll AIC No): E-MAIL ADDRESS; - !harsh USA Inc. --- ___ INSURERS AFFORDING COVERAGE NAIC ti 44D0 Comerica Bank Tower 1717 Main Street INSURER A: IliinoiS National Insurance Company 23617 INSURED - INSURER B : National Union Fife Insurance Co. 19445 ' S 2,000,000 INSURER C : G1ealturterian Insurance Co. 16691 13850TOIndusioan, aInc. 13850 f);plDma(Urive Dallas, TX 75234 INSURER D: New Hampshire Insurance Company 23641 PROD UQTS -COMPiOPAGG IN511RER F: Eo accident SI NGLE LIMITAUTOMOBILE _$ $ S 1,000,000 COVERAGES CERTIFICATE NUMBER: HOU•002074472d4 REVISION NUNIiJhK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE MOCCUR ADPL SUER POLICY NUMBER 6505294 POLICY EFF MMIDDfYYYY 0310112013 POLICY EXP tvimmorrm 03NI/2014 LIMITS EACH OCCURRENCE 5 1,000,000 'KEM,SES F.a occu nce S 100,000 — -MED DIP(Anyone person) S 25,000 PERSONAL t: ADV INJURY S 1,000,000 X CONTRACTUAL LIABILITY GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROD UQTS -COMPiOPAGG 2,000,000 Eo accident SI NGLE LIMITAUTOMOBILE _$ $ S 1,000,000 POLICY F X PRP X LOC LIABILITY BODILY INJURY (Per person) S B X nNYAuio ALL OWNED n SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 6506153 0310112013 I 03?01120M r BODILY INJURY (Per accident) S i-- DAMAGE PROPERTY DAMAGE (Prr ateNenD — S $ C I X UM BRELLA LIAG EXCESS UAB X OCCUR CLt.IL1S-MAGE I TUU357900612 03/0112013 10310112014 I EACH OCCURRENCE s S,DOO,fgO AGGREGATE _ _ _ + E s 5,000,000 -� _ 0E0 X RETENY(ON 5 i0'wo WORKERSCOtAPENSATiON AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTNE OFFiCERRAEMBER EXCLUDED? N (Mandatory In NH) if yes,describe,nd- OESCRtPT10N OF OPERATIONS beton VJC STATU- i pRY Ll s D NIA 3566719 03!0112013 03/01/2014 ELEACH EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA E11PLOYEEI I 1,OOD,000 S _ E.L. DISEASE - POLICY LIMIT 1$ 7,D00,000 1 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, A1301U0101 OCr100e1C, n mora space s,eyvn cu, CERTIFICATE HOLDER CANCELLATION City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CitylAanager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221E Main SL ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock, TX 76664 ACORD 25 (2010105) AUTHORIZED REPRESENTATIVE of Marsh USA Inc. William Hines 071988.2010 ACORD CORPORATION, The ACORD name and logo are registered marks of ACORD All rights reserved. TI)� C)ualica>Lions• Descriptio), of Unique Qualifications We appreciate the opportunity to provide the City of Round ROCI,- with our qualifications for HVAC services and we are looking forward to foi-►ning a Iong-teen partnership with your facilities bilities we have included department. In order to clarify ourproposal and convey our capa documentation that outlines why TDlndustries is the leading mechanical construction and service company. in the country. In addition, below are some key points for your consideration that we believe differentiates TDlndustries: I . We have extensive experience performing truck based service work with customers that require professional, uniformed technicians. Our HVAC service teams consist of professional service technicians with extensive experience working within state and goverr►ment entities including: Edgewood ISD, Eanes ISD, Georgetown ISD, the City of Burnet, Teacher Retirement System, the City of Bastrop, Bastrop ISD. From chillers to refi•igeration equipment there is nothing our team can not wort: on; our technicians are highly trained in every aspect of HVAC. 2. TDlndustries is dedicated to for►Hing long lasting relationships with all of our customers, and to providing the best service possible. Our 24/7 service assures that day or night we are available for any facility need. You can call our dispatch number at 512-445-6060 to request service and outline the needed response. For emergency response we will respond within 1 hour and for non -emergency calls we will typically be on site within 24 flours. After-hours calls are handled by TDlndustries dispatchers and follow the same response guidelines. You will also receive a call from your dedicated service technician on the estimated time of arrival. As one of our preferred customers, you will have priority when you place a service call and you will have a primary and secondary technician assigned to your account. 3. Founded in 1946, we are the largest employee -owned mechanical contractor i►nNo th past America, with offices in Dallas, Austin, Houston, San Alltorlio, and Phoenix, year we were recognized as a Top 100 Best Company in the country to work for in Fortune Magazine, and are one of 12 companies that have been on that list since it's inception in 1998. This and other awards signify that TDlndustries is large enough to meet the increasing demands of your business while performing those duties with superior customer satisfaction as our number one goal. 4. Financial Stability is at the core of TDlndustries. In 1948 TDhldustries sold its stock to its employees to earn capital while avoiding debt. To this day TDlndustries is 100% employee owned and debt fi•ee; we have over S40M in working capital; a $15M line of credit; and unlimited bonded capacity. With revenue of $308M in 2010 we have tile size and the _ financial strength to weather the any economic storm and would be more than happy to supply you with our finical statements upon request. For additional information I would encourage you to explore our web site at www.tdirldtistries.conl. Thank you for your time and the opportunity to provide you with irrfor►nation regarding TDlndustries. Technicians Celt CatiOIIS: Resumes for HVAC Personnel John McRae o Role — HVAC Service Manager o Training & Current Certifications — EEW, CSHI Safety 101 Certified, Trane Factory Training, Centrifugal Chiller Training, Universal EPA, Semi -Hermetic Compressor Certified, CNN Carrier Comfort Network Certified, OSHA 10 Hour o Number of Years Providing Commercial HVAC Services — 23 Jesus Cano Role —Service Supervisor Training & Current Certifications — EEW, Universal EPA., OSHA 10 Hour, Lockout/ Tag Out, Trane Factory Training, Mitsubishi Factory Training, American Hermetic Compressor Training Number of Years Providing Commercial HVAC Services — 18 Matt Shelton ® Role -- Service Project Coordinator o Training & Current Certifications — Confined Space, EEW, CST -11 Safety 101 Certified, ABB Drive Certified, Scaffold Certified, Liebert Factory Training, Trane Factory Training, Danfoss Certified, Universal EPA, and Semi Hermetic Corepressor Training C Number of Years Providing Commercial HVAC Services -- 12 Steve Stanley 0 Role — HVAC Technician m Training & Current Certifications — Confined Space, EEW, Universal EPA, CSHI Safety 101 Certified, Universal EPA, Trane Factory Training, and Liebert Factory Training ® Number of Years Providing Commercial HVAC Services — 14 Benito Garcia o Role —HVAC Technician Training & Current Certifications — EEW, Universal EPA, American Hermetic Compressor Training, Stulz Factory Training, Mitsubishi Factory Training Number of Years Providing Commercial HVAC Services — 19 David Whited O Role — I-IVAC Technician o Training &. Current Certifications—NCCER Natioiial Register HVAC, Confined Space, EEW, Universal EPA, CSI -11 Safety 101 certified, Universal EPA, and Semi Hermetic Compressor Training, Trane Factory Training n Number of Years Providing Commercial HVAC Services — 14 Edwin Cousin 0 Role — HVAC Technician ® Training & Current Certifications --Universal EPA, CSHI Safety 101 Certified, Trane Factory Training ® Number of Years Providing Commercial HVAC Services — 7 Resumes fol' HVC Personnel Continued Cody Jackson ® Role— HVAC Technician • Training & Current Certifications — Universal EPA, EEW, CSHI Safety 101 Certified. o Number of Years Providing Commercial HVAC services — 5 Antojuan Spoons Role — Senior HVAC 'rechnician o Training & current certifications — Universal EPA, CSHI Safety 101 Certified, EEW, York Optivic"v and Teardown Certified Trane Factory Training, and Senri Hera}etic Compressor Training • Number of Years Providing Commercial HVAC Services -- 13 Jimmy Erman a Role —HVAC Teelmician Training & current certifications — Universal EPA, CSHI Safety 101 Certified EEW, Metasys Architecture Certified, and Semi Hermetic Compressor Training o Number of Years Providing Commercial HVAC Services —13 Chris Harris o Role —HVAC Technician o Training & Current Certifications — EEW, Universal EPA, American Hermetic Compressor Training o Number of Years Providing Commercial HVAC Services — 5 Domingo Diaz 0 Role —HVAC Technician o Training & Current Certifications—EEW, Universal EPA, American Hermetic Compressor Training o Number of Years Providing Commercial HVAC Services — I I k 2 & ) § �9 � ■ cr ci 0 - � � | �\� $ R Ia.2 m9 Q § \ k RR 2& %\ \ /\ \2 § ! % \( ( � < §G ©i� // u o /\ gf --� f,--.. .� / )2 �.§§ ! k 2 & U) I § LU /2 low } $ Ir § / I m /f /\\\ : 3J) } \ �Z \ \\0 cpqm} \]\k R ] IM 2)]j ! \ e f | 4 � z [ \\ , / \ » TDlndustries, Inc. Excellence through Employee Ownwhip City of Round Rock -- Invitation for Diel Heating, Ventilation and Air Conditioning Systems and Set -vices City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664 Return Address: TDlndustries, Inc. 2701 Gattis School Road Building A, Suite 101 Round Rock, TX 78664 P: (512) 445-6060 F: (512) 310-5069 Principal Texas Address: TDlndustries,Inc. 13850 Diplomat Drive Dallas, TX 75234 Vendor ID Number: 26-0464612 TDlndustries, Inc. Representative Melissa Gill Account IYManager Melissa.gilla.tdindustries.coni (512) 203-8409 The response and all attachments are being submitted to the City of Round Rock as a statement of qualifications and request for consideration for the finn as a candidate to provide goods and services for the City of Round Rock. Date: 31 Z5 13Or i TDIndustries, Inc. Excellence through Employee owiteiship Table of Contexts Attachment A O References Attachment P ® Solicitation Bid/ Price Sheet ® Clarifications to Price Sheet and Contact Information Declaration Page - s age® Proof of Worker's Compensation Insurance TDI Oualifcations ® Description of Unique Qualifications Technicians Certifications m I4VAC Technician Resumes Contractor's License O Copy of HVAC License. City of Round Rock ROUND ROCK TEXAS wawse rasion rxcsrmrrr Agenda Item Summary Agenda Number: E.8 Title: Consider a resolution authorizing the Mayor to execute a City of Round Rock Agreement for Purchase of General Building Construction Trades Services (HVAC Trade) from TDI Industries, Inc. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Chad McDowell, General Services Director Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A Text of Legislative File 13-447 On March 26, 2013 Purchasing and General Services sent out an invitation for bid on different trades agreements to provide on-site services. The City has selected a primary and secondary contractor based on the best value. This agreement is per contractor and will be a not to exceed $15,000 per job trade. This agreement does not obligate the City to spend any money until services are needed. It only establishes a set price for each trade for the five year period. When there comes a time we need to utilize the trade, funds will be allocated through General Service's maintenance fund. The City has 626,000 square foot of facilities that we are currently maintaining, by approving this contract you will be helping our facilities department keep our buildings to a class A facility. Staff recommends approval City of Round Rock Page 1 Printed on 6/25/2013 EXECUTED ORIGINAL DOC UMENTS FOLL 0\,A/ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (HVAC TRADE) FROM TDINDUSTRIES, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (HVAC) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the 24S- day of the month of dS,(t• , 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TDIndustries, Inc., whose address is 2701 Gattis School Road, A-101, Round Rock, Texas 78664, referred to herein as "Vendor." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services in the nature of general building construction trades services (HVAC) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 13-016, Specification Number 13-910-36, 13-914-50 ("IFB"); (b) Vendor' Response to IFB; (c) contract 00273720.doc/jmr award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor' Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Vendor means TDIndustries, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and incorporated herein by reference for all purposes. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested 2 increase. Vendor may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in the IFB; and Response to IFB submitted by Vendor, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: Vendor shall be considered as one of two providers of the specified goods and services, and shall be considered the secondary provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. Vendor specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods and Services — Emergency Service Calls. Vendor specifically further acknowledges and agrees as follows: Vendor shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two (2) hour response time. Vendor shall provide City with a 24-hour emergency contact telephone number connected with, at minimum, a voice mail paging system outside of regular business hours. 3 City shall make a notification call to Vendor by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Vendor does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Vendor to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated herein within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified Vendor of an emergency service call situation. Vendor shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event Vendor may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from another provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls. Vendor specifically further acknowledges and agrees as follows: City shall make a notification call to Vendor by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that Vendor does not answer the telephone and/or return City's notification voicemail within twenty- four (24) hours of initial placement of call by City, and provide a written estimate within forty- eight (48) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Vendor to be non-compliant with the order and under this Agreement; non - returned voicemail within twenty-four (24) hours may result in City declaring Vendor to be non- compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non- compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has designated a non -emergency service call situation, Vendor shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Vendor shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event Vendor may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining provider or from a different source. 4 5.01 ITEMS AWARDED Only if, as, and when needed by City, painting services are awarded to Vendor in accordance with bid items #1 through and including #6 shown on Exhibit "A," as follows: Regular Hourly Labor Rate Overtime Hourly Labor Rate Materials (if on Cost -Plus basis) Percentage Markup 6.01 COSTS $72.00 (no minimum hours) $108.00 (no minimum hours) $0.00-$100.00: 70% $101.00-$250.00: 50% $251.00-$500.00: 40% $501.00 +: 30% Vendor specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from E lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 9.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor' charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Vendor shall meet all requirements as stated in the attached IFB (including all attachments and exhibits), and its bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdominguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 7 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such termination notice, Vendor shall submit a statement showing in detail the goods and services satisfactorily performed hereunder to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor' agents, employees or subcontractors, in the performance of Vendor' obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: TDIndustries, Inc. Ms. Melissa Gill 2701 Gattis School Rd. A-101 Round Rock, Texas 78664 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO Round Rock, TX 78664 Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. E 25.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 26.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor' failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. m1 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round R By: — a Printed Name: Title: Date Signed: For City, Attest: By: QW, a* Sara L. White, City Clerk For City "Sheets, rm: LBy: Stephttorney 11 TDIndustries, Inc. By: C Printed Name: Ckj)C�& SWCAI� OCJ Title: SY . V t ,e Date Signed: 5 - 10 -13 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 CITY OF ROUND ROCK INVITATION FOR BID HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS AND SERVICES PART GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a qualified Individual, Firm, or Corporation, to provide various types of Heating, Ventilation and Air Conditioning, herein after "HVAC" systems and services to include installation, repair and maintenance for City facilities. The City intends to award one (1) primary contract and one (1) secondary contract based on the best value for the City. The Secondary Successful Respondent, herein after "Secondary Contractor". will be used if the Primary Successful Respondent, herein after "Primary Contractor" cannot provide the service within the requested timeframe. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website hftp://Www.roundrocktoxas.gov/home/index.asp?paqe=463. 2.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 2.2. Respondent - an individual or business enterprise that submits a response to a solicitation for goods, equipment, labor and/or services to the City. 2.3. Contractor - an individual or business enterprise under contractual obligation arising from an agreement or purchase order, which furnishes goods, equipment, labor and/or services to the City. Also known as Vendor or Awarded Vendor. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements as identified on the City's website at http:/Iwww.roundrocktexas.gov/hometindex.asp?page=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Respondent's Reference Sheet 4.2. Attachment B: Bid / Price Sheet 4.3. Attachment C: City of Round Rock Facilities / HVAC Equipment Listing 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dknutson@roundrocktexas.gov 1 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. (See Attachment provided). E -Mail addresses are required. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received maybe evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.6. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 8.2. The City reserves the right to. review the Contractor's performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Contractor fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty (30) days to correct such deficiencies. If the Contractor fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the Contractor written notice of termination and the reason for the termination. 8.4. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 2of12 SOLICITATION NUMBER 13-616 SPECIFICATION NUMBER 13-910-36,13-914-50 9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. To the extent applicable to this solicitation the Contractor may submit a request for pricing adjustment subject to approval by the City. The request must show just -cause substantiating an adjustment in the form of an affidavit or certified statement from a supplier documenting the reason for increase. The requested adjustment must be for goods or services and may in no way represent an increase in the Contractor's overhead. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Contractor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by supplier's documents and make change to the purchase order within thirty (30) days of the request, negotiate with the Contractor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http•llwww roundrocktexas.-govlhomelindex.asp?page=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Contractor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the Contractor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments .not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving the Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Deadline for questions March 9, 2013 March 19, 2013 1.3. City responses to all questions or addendums March 21, 2013 1.4. Responses for solicitation due by 3:00 PM March 26, 2013 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, htt :ii www.roundrocktexas. ovihomelindex.as ? a e=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the Tate noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 4of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if return address is provided. 2.5. Responses cannot be altered or amended after opening. 2.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 2.7. The City will not be bound by any oral statement or offer made contrary to the written specifications 3. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at hitp www"asaopte=463 for any updates pertaining to the solicitation described herein. Various updates may Include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to: 4.1. City contact(s) information for implementation of agreement; 4.2. Agreement terms and conditions; 4.3. Identification of specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. HISTORY: The City has approximately forty six (46) facilities and approximately two hundred and eight (208) HVAC units to maintain. The HVAC units range in size from one half ('h} ton to ninety (90) tons. The brands typically consist of Carrier, Trane and Lennox units (see Attachment C). Facilities maintained consist of both commercial and residential structures, including but not limited to emergency response and office buildings. 1.1. City facilities are under the supervision of the City's authorized and designated representative herein after "Facilities Manager": Pete Dominguez, Facilities Manager. Phone #: 512-341-3144 2. SCOPE OF WORK: The awarded contract will cover projects for the City up to $ 15,000.00. Only services meeting the specifications herein will be accepted. The Contractor shall: 2.1. Provide HVAC Systems on an as needed basis; 2.2. Provide any and all on-site services required by the City including all personnel, equipment, tools, materials, supervision, labor and other items and services necessary to perform maintenance, repair and installation for various City -owned or occupied locations; 2.3. Have an organization proficient in carrying out multiple projects, which may be performed on the exterior or interior of buildings, simultaneously for emergency and non -emergency calls; 2.4. Not perform services without prior authorization from the Facilities Manager; 2.6. Monitor the overall performance of all system equipment and provide the Facilities Manager written recommendations for enhancements or changes. 5of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 2.6. Service Visits shall include: 2.6.1. Annual Pre -winter startup preventative maintenance schedule of HVAC system shall be as needed; 2.6.2. Annual Pre -summer startup preventative maintenance schedule of HVAC system shall be as needed; 2.6.3. Tune ups and/or replacing of HVAC parts shall be as needed; 2.6.4. Inspections and cleaning of HVAC units shall be as needed; 3. DISTANCE REQUIREMENT: In order to assure the City does not encounter delays in emergency and regular service, shipping or other unforeseen problems that can occur with out of area Vendors, Respondent shall be located within thirty five (35) miles from Round Rock, Texas. 4. WORKMANSHIP: Only the highest quality of work shall be performed and all materials furnished in carrying out this agreement shall be new and of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. The Contractor shall: 4.1. Provide only new materials and parts for all projects unless pre -approved by the Facilities Manager; 4.2. At the conclusion of the project, demonstrate to the Facilities Manager that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the Facilities Manager; 4.3. At all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. 5. WORKFORCE: Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations, The Contractor shall: 5.1. Employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States; 5.2. Provide background checks on all employees assigned to a project prior to commencement of work to the Facilities Manager; 5.3. Assign to the City only courteous, neat, orderly and 'competent workers, skilled in the performance of the services which they shall perform under the Agreement; 5.4. Require all employees to wear City issued badges in a visible manner at all times while on City property. Upon approval, the Facilities Manager shall provide site access to the Contractor and all required personnel. 6. HVAC CONTRACTOR REQUIREMENTS: The following contains the minimum requirements and experience for HVAC installation, repair and maintenance required by the City. The Contractor shall ensure that all personnel are skilled and qualified to perform the services as requested. The HVAC Contractor shall: 6of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-g10-36, 13-914-50 6.1. Be licensed to perform HVAC work as required by the Texas Department of Licensing and Regulation as an air conditioning and refrigeration contractor. Respondents shall submit a copy of the Contractor's license with the solicitation response; 6.1.1. HVAC licensed Contractor shall have at least five (5) years' experience. 6.2. Assign only certified technicians to assist in the performance of maintenance, installation and repair HVAC units for the City. Respondents shall submit a copy of the Technician's certifications with the solicitation response; 6.3. Perand scheduled maintenancerm functions that s and other HVAC but not be drelated layouts, assdescribed bytheFacies I required t and Manager; 6.4. Have access to and have a working knowledge of all the tools and equipment to install, repair and service the units specified on the City of Round Rock Facilities / HVAC Equipment Listing (See Attachment C); 6.5. Be able to work unsupervised and run a crew; nt standards of ty rk ed 7. DESIGNATED Phe ont amt r shall identify and designate cL: In order to maintain rew leader, crew andllpo nt of point across the City,for City projects. 7.1. Respondent shall indicate on the Bid sheet / Price sheet the Respondent's Designated Contact Person's name and telephone number. 7.2. Contractor shall provide to the Facilities Manager a personnel list of the Designated Crew Leader/Supervisor and Crew before work commences. 7.3. Said contact person, crew leader/supervisor and crew shall remain the same throughout the term of the contract or upon termination of the employee. If a change has been made in the personnel list due to termination, the Facilities Manager shall be notified by the Contractor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the Facilities Manager. 8. SCHEDULING l RESPONSE TIME: All work shall be scheduled at the convenience of the City as not to interfere with the City's conduct of business. Man hours paid under this contract shah be only for productive hours beginning and ending at the job site. Response times shall be as follows: 8.1. Non -Emergency Service Calls: Regular business hours shall be from 7:00 AM to 6:00 PM, Monday through Friday (excluding weekends and holidays). 8.1.1. Contractor shall respond within twenty four (24) hours after the request is placed. 8.1.2. Contractor shall provide a written estimate within twenty four (24) hours, if the job is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the Contractor shall respond and provide a written estimate within forty eight (48) hours. 8.1.3. All work shall begin within five (5) days of the original request and completed within the time projected / anticipated on the Contractor's estimate. 8.2. Emergency Service Calls: If the Primary Contractor cannot meet the City's need for the emergency request the City will then contact the Secondary Contractor. The City reserves the right tr contract hash any beencmadetor in with thecase thefan Primary roe Secondary Contracto sr cy, and no resp untimely response Contractor shall: 8,2,1. Respond to emergency calls within two (2) hours after the request is placed. 8.2.2. Be on site at the location of required service within four (4) hours after notification by the City. 7of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 8.2.3. Provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. 9. WORK HOURS: 9.1. Regular business hours are from 7:00 am to 6:00 pm, Monday through Friday (excluding weekends and holidays). 9.2. Overtime hours consist of hours outside the City's regular business hours, weekends, and holidays. Overtime pay will be allowed by the City, only upon approval of the Facilities Manager in advance of work. Overtime work shall be based on the rate of regular labor not to exceed one (1) and one half (1 '/) times the fixed hourly rate .for the tradesman performing the service. 9.3. City Holidays include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve and Christmas Day. 9.4. Emergency Calls: Contractor shall only respond to emergency calls placed by the Facilities Manager or an assigned authorized representative. 10. SUBCONTRACTORS: Contractor shall not sublet any work out to a third party. The City seeks to do business directly with a skilled HVAC Technician who will remain on site for the duration of each project or assign a designated, skilled HVAC Technician on staff to be the City's primary point of contact. 11. WORKER'S COMPENSATION INSURANCE: The Texas Labor Code, Section 406 — 098 requires worker's compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at http://www.tdi.texas.gov/index.htm], 11.1. A copy of the Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 11.2. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 12. SAFETY: The Contractor and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA) state and city safety and occupational health standards and any other applicable federal, state, and local health, safety and environmental laws, ordinances, rules and regulations in the performance of the services. All Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under the awarded contract. In cases of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 12.1. Material Safety Data Sheets: Contractor shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances being used. 13. SERVICE I REPAIR PARTS: At the time the City calls for service, and the Contractor determines a location needs repairs: 13.1. Eighty five percent (85%) of all parts shall be on-site within twenty four (24) business hours; 13.2. All remaining parts shall be normally on-site within forty eight (48) hours; 8 of 12 SOLICITATION NUMBER 13.916 SPECIFICATION NUMBER 13-910-36,13-914-50 13.3. Contractor shall guarantee all parts provided to the City for sixty (60) days; 13.4. The Facilities Manager shall be consulted when it is determined major components are in need of replacement. A major component shall be considered any single item or part whose estimated cost is in excess of $ 500.00. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Contractor shall verify with the Facilities Manager and make necessary arrangements for security and storage space in the building during installation. 15. WARRANTY: Contractor shall provide a one (1) year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 16. QUANTITY: The quantities shown on Attachment C: City of Round Rock Facilities / HVAC Equipment Listing are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed ten percent (10%) waste expectation on all quantities. 17. PERMITS: Contractor shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the Facilities Manager. The City of Round Rock's permit fees shall be waived. 18. DAMAGE: Contractor shall be responsible for damage to the City's equipment and or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 19. ESTIMATES: Contractor shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. Contractor shall respond with a written estimate within twenty four (24) hours, if the estimate is simple and small enough that it does not require site verification or site visit. If the job is more complicated or requires site verification or site visit, the estimate time will be within forty eight (48) hours. Estimates shall include: 19.1. Department name and location of the project; 19.2. Contractor's designated contact name and telephone number,- 19.3. umber; 19.3. Breakdown of Labor costs (Number of workers, hourly rate) Note: Contractor shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, transportation, and payroll expenses. 19.4. Materials (Detailed description, quantity, unit price and extended price amounts) Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 19.5. Cost of Equipment rented to complete project; 19.6. Total Cost (Labor and materials); 19.7. Description specifying work to be done; 19.8. Time projected to complete the project / anticipated completion date. 9of12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 20. REPAIR REPORTS: Contractor shall upon completion of any preventative maintenance, repair work or installation, provide a repair report to the Facilities Manager. At a minimum the repair report shall include: 20.1. Contractor's designated contact name and telephone number; 20.2. Date and time repair request was received; 20.3. Location of the work site; 20.4. Date and time of arrival to and departure from the worksite (note: man hours paid under this contract shall be only for productive hours beginning and ending at the job site); 20.5. Time spent for repair / maintenance / installation; 20.6. A detailed statement as to the condition of the serviced, repaired or installed equipment; 20.7. Any problems identified and any corrective action taken; 20.8. Any materials or parts used including equipment rented and back ordered parts. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 20.9. A detailed description of all the completed repair work certifying the location is in working order, which shall be signed by the Facilities Manager at the time the work is completed. Note: Unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the Facilities Manager. The Contractor shall submit a written estimate for the extra work on a time and materials basis using contract pricing. 21. SERVICE RECORDS: In addition to the repair report(s), Contractor shall maintain a complete record of all service performed on each location, including all parts replaced. All service records and all test results shall be furnished to the Facilities Manager for review upon request. 22. INVOICE REQUIREMENTS: The Contractor, upon completion of each service, shall address invoices to the City as follows: 22.1. Repair Work: The total hourly and overtime rate price for labor shall include costs of labor, overhead charges, travel, tools and equipment necessary to complete the work, transportation, and payroll expenses. Parts and materials shall be billed separately. Man hours paid under this contract shall be only for productive hours beginning and ending at the job site; 22.2. Parts and materials: The cost of parts and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 4 of the bid / price sheet, will be allowed for material that the Contractor has to purchase and re -bill. Note: All replacement materials and parts shall be new and the same as the existing or an approved equal; 22.3. Cost of Equipment rented to complete project; 22.4. The Contractor may submit the Repair Report (See PART 111, Paragraph 19) as an invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. 22.5. Payment will be issued in compliance with the Prompt Payment Policy (See PART I, Paragraph 12). Any advancement for parts or supplies will not be permitted. 10 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a .tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation. Respondent shall submit one (1) executed (signed) original and five (5) copies of each response. For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and/or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar services within the past two (2) years. 2. Attachment B: Responses shall be submitted on itemized, signed Solicitation Bid / Price sheet provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 3. A copy of the Respondent's declaration page showing that they carry Workers' Compensation Insurance shall be furnished with the Respondent's solicitation response. 4. The Respondent shall be licensed to perform HVAC work as required by the Texas Department of Licensing and Regulation as an air conditioning and refrigeration contractor. Respondents shall submit a copy of the Contractor's license with their solicitation response (see Part III, Paragraph 6). 5. The Respondent shall assign only certified technicians to assist in the performance of maintenance, installation and repair HVAC units for the City see Part III, Paragraph 6). Respondents shall submit a copy of the Technician's certifications with their solicitation response. 6. Any other Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized Licenses or Certifications can be submitted with the response for review and may be considered as value added benefits. The following items shall be made available upon request by the City prior to award and the approval of any contract: 1. A copy of the Primary and Secondary Contractor's Certificate of Workers' Compensation Insurance shall be submitted prior to approval of contract. 2. Proof of citizenship or right to work in the United States and background checks shall be provided for all employees assigned to work in and on any City property prior to commencement of work to the Facilities Manager. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. • Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 11 of 12 SOLICITATION NUMBER 13-016 SPECIFICATION NUMBER 13-910-36,13-914-50 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, E-mail address, telephone number and point of contact of at least three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( } 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number } Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 'ROUND ROCIC, TEU5 140.fY1c[ F,ttt!Oti IK6u'IPpY BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Solicitation Number: #13-016 Solicitation Name: HVAC Systems and DESCRIPTION QTY UNIT OF MEASURE Tax ID Number: Business Name: ** Labor rates paid shall be only for productive hours beginning and ending at the job site. *** Labor rates shall include all direct and indirect costs such as transportation and overhead. *** Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 REGULAR HOURLY LABOR RATE: z HOUR 2 Services o *"* Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 %) times the regular hourly labor rate. 5 OVERTIME HOURLY LABOR RATE: 1 HOUR Address: PERCENTAGE (%) MARKUP (IF ANY): Q Opening Date: March 26, 2013 2ed Address: Q Opening Time: On or Before 3:00 PM CST LL. z Contact: h Opening Location: City of Round Rock o Telephone: City Hall z 221 E. Main Street Entity Type: Round Rock, TX 78664 a E-mail: Website: HOW DID YOU HEARABOUTTHIS ❑ Newspaper ❑City's Website E-mail❑Announcement ❑ ES8D ❑ Other SOLICITATION? IS THIS THE FIRST IS YOUR BUSINESS TIME RESPONDING ❑ Yes ❑ No REGISTERED WITH ❑ Yes ❑ No Register at: roundrocktexas.gov/VendorCentraI TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION QTY UNIT OF MEASURE Unit Price ** Labor rates paid shall be only for productive hours beginning and ending at the job site. *** Labor rates shall include all direct and indirect costs such as transportation and overhead. *** Regular business hours are from Monday through Friday, 7:00 am to 6:00 pm. 1 REGULAR HOURLY LABOR RATE: 1 HOUR 2 MINIMUM # HOURS (IF ANY): HOUR(S) *"* Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 %) times the regular hourly labor rate. 5 OVERTIME HOURLY LABOR RATE: 1 HOUR 6 PERCENTAGE (%) MARKUP (IF ANY): Part 2: Additional Information F - Z w 5 W 0 n W J 3 O Z Y U a CONTACT INFORMATION: Indicate a contact person and telephone number for normal working hours/ service calls Designated Contact Person: Phone # PRODUCT f SERVICE: The City's facilities are equipped with various HVAC systems (See Attachment Q including, but not to be limited to Carrier, Trane and Lennox. Can you provide products, installation and service for the various systems across the city? ❑ Yes ❑ No Are your firm's Technicians certified to repair, install and perform maintenance on the City's existing brands of equipment? ❑ Yes ❑ No Note: Contractor shall not sublet any workout to a third party. Contractor shall provide background checks and proof of right work in the United States for all employees designated to the City prior to commencement of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Part I. #14 of this solicitation. If applicable, do you agree to "piggyback' purchasing from other governmental agencies? ❑ Yes ❑ No Response shall include one (1) signed original and five (5) copies of response. Printed Name Failure to sign response will disqualify response. Authorized Signature Date City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model City Hall - 4 units 24,000 RTU #1 50A3B03MZQ611GB RTU #2 50A36020MXQ611GB RTU #3 50A3B025MXQ611GB Mitsubishi CU #1 POY-A18NHA2 Business Center Complex - 4 units 18,500 RTU #1 50A313027AEG01934 RTU #2 50A36027AEG01934 Mitsubishi CU #1 PUY-A18NHAZ Mitsubishi CU #2 PUY-A18NHAZ Library - 22 units 42,000 Carrier 25HBC36OA600 Carrier 25HBC36OA600 Carrier 25HBC36GA600 Carrier 25H BC366A000 Carrier 38A U QA 16AO A6AOAOAO Carrier 25 H BC36OA600 Carrier 38A U QA08AOA6A0AOA C Carrier 38AUQA08AOA6A0AOA0 Carrier 25HBC36OA600 Carrier 38A U QA08AOA6AOAOAO Carrier 25HBC36OA600 Carrier 25HBC36OA600 Carrier 25HBC518A300 Carrier 25HBC518A300 Carrier 25HBC324A300 Carrier 25HBC518A300 Trane 25HBC336A600 Carrier 38AUQA08AOA6A0AOAO Carrier 2TWA3060A400AA Trane 2TWA306OA400AA Carrier 25HBC36OA600 Carrier 25HBC324A300 Public Works - 8 units 11,722 Carrier 48HJ006-531 Carrier 48HJ006-531 Carrier 48HJOOS-531 Carrier 24ABB360A320 Carrier 14AJA48AOI Trane 4TTR3048A1000AA Trane 4TTR3048A1000AA Friedrich MR30C3F General Services Division - 6 units 5,046 1 Lennox - Unit #1 NO DATA Lennox - Unit #2 NO DATA Lennox - Unit 43 NO DATA Lennox - Unit #4 NO DATA Lennox - Unit #5 NO DATA Lennox - Unit #6 NO DATA City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Utility Support / Storage Buildings - 2 units 4,250 Carrier Pag Unit 50GX-042-301AO Rheem PRF036JAS Vehicle Maintenance Facility -4 units 9,540 Rheem RAK8060CAI Rheem RAKB036CAI Rheem RAKB060CAI Lennox 13HPX-018-230-110 Small Engine Shop - 1 unit 1,500 American Standard (Wa[IPak) PTHC1201GCA Water Treatment Plant Lab - 2 units 2,435 Lennox HP290601Y Lennox HP290361Y Water Plant Phase III - 7 units 14,876 York ElFD0185060A Rheem RAKB060DAZ Rheem RAKB060DAZ York E1RA030506D Yorl< ElRB048546A Carrier 38YCC060620 Carrier 5AH1004621 Water Plant Phase V - 5 units 14,876 Carrier 38AKS014621 Carrier 38CKC06070 Carrier 38CKC048060 Carrier 38BRC24330 Carrier 38CKC060670 Police Facility - 52 units 124,000 MAUTA FWA175/DJE20/0 MAUIE FWA175/DJE20/0 MAUIF FWA175/DJE20/0 RTU 411A LGA090H2BS3G RTU #113 LGA060H2B52G RTU #1C LGA0901-121353G RTU #11) NO DATA RTU #1E NO DATA RTU #11' LGA060H2BS2G RTU #2A LGA060H2BS2G RTU #213 NO DATA RTU #2C LGA120H2BM3G RTU #21) NO DATA RTU #2E NO DATA RTU #21' NO DATA RTU #3A LGA060H2BS2G RTU #313 LGA048H2B53G RTU #3C NO DATA RTU #30 LGA048H2BS3G 2 City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Police Facility - 52 units Cont 124.000 RTU #3E LGA048H2BS3G RTU #3F LGA090H2BS3G RTU #4A LGA048H2BS3G RTU #4B LGA060H2BS2G RTU #4C LGA060H2BS2G RTU #41) LCA048H2D3G RTU #4E LGA060H2BS2G RTU 44F LGA090H2BS3G RTU #5A LCA072H2H2BF1G RTU #513 LGC156H2BS2G RTU #5C LGA090H2BS3G RTU #51) NO DATA RTU #5E LGA060H2BS2G RTU #5F LGA036H2BS2G RTU #6A LGA102H2BS4G RTU #6C LGA036HTBS2G RTU #6E LGA048H2BS3G RTU #6F LGA060H2BS2G RTU #7A LGA090H2BS3G RTU #7C LGC072S2BHIG RTU #71) NO DATA RTU #7E NO DATA RTU #71' LGA090F2BS3G RTU #8A LGA072H2BH2G RTU #8F LGA036H2BS2G RTU #9A LGA09OH2BS3G RTU #9F LCG072S2BHlG RTU #10A LGA072H2BH2G RTU 010F LGA048H2BS3G RTU #11A LGA09OH2BS3G RTU #11F LCC18OH2BN1G RTU #12A LCA036H2BN1G RTU #12F LCC18OH2BN1G Central Fire Station - 7 units 17,468 Carrier 48H CDA0602MSAOK3CO Carrier 48HCDA052 M5AOK3CO York D2NH048N0902SA Comfort Star CCH024CD-A10 Trane 2A7B0036A100AA Trane TWR036C100A2 Trane TW R060C100A2 Fire Station No. 2 - 3 units 7,677 Tire -Station No. 3 - 2 units 6,550 Q Trane 2TTB3048A1000AA Trane 2TTB3048A100AA Trane 2TTB3036A100AA Carrier 24ABB348A310 Carrier 24ABB348A300 City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Fire Station No. 4 - 2 units 6,550 Trane TED330A4AKIC6D50BC00FDHJ00M0 Trane TED330A4AKIC6D50BC00FDHJ00M0 Carrier 24ABB336A310 Trane TED330A4AKICGD50BC00FDHJ OOMO Carrier 24ABB36OA320 Fire Station No. 5 - 2 units 6,500 Trane TED330A4AKIC6D50BC00FDHJ00M0 Lennox LCA203HN3G Carrier 38BYCO60310 Mitsubishi PU24EK Carrier 38BYCO48310 Fire Station No. 6 - 5 units 11,850 Lennox LGA048H2BS3Y Addison NO DATA Lennox LGA072H213S24 Lennox LGA060H2BSY Lennox LGA048A2BSY Fire Station No. 7 - 3 units 6,500 Lennox SSB060H4541Y Lennox SSB048H541Y Lennox SSB036H4541Y Traffic Signals & Signs - 2 units 8,510 Lennox NO DATA Lennox NO DATA McConico Building -14 units 27,284 Trane TED330A4AKiC6D50BC00FDHJ00M0 Trane TED330A4AKIC6D50BC00FDHJ00M0 Trane TED330A4AKIC6D50BC00FDH100M0 Trane TED330A4AKIC6D50BC00FDHJ00M0 Trane TED330A4AKIC6D50BC00FDHJ00M0 Trane TED330A4AI<ICGD50BC00FDHJ00M0 Trane TED330A4AKICGD50BC00FDHJ OOMO Trane TED330A4AKIC6D50BC00FDHJ00M0 Trane TED330A4AKICGD50BCOOFDHJOOMO Trane TED330A4AKIC6D50BC00FDHJ00M0 Lennox LCA203HN3G Lennox LCA120HMlG Mitsubishi PU24EK Trane TED330A4AKIC6E50BC00FDHJ00M0 Chlorinating Building - 2 units 2,000 Bard (wall mount) WL192-AOZEPXX31 Bard (wall mount) WL142-AOZEPXX31 High Service Building @ WTP - 7 units 800 Carrier 24ABB33OA310 Carrier 24ABB33OA310 Carrier 24ABB33OA310 Carrier 50TC-D12AZG6AOAOAO Carrier 50TC-D 12 AZ G 6A OAO AO Carrier 50 PG -M 07-A-60 Carrier 50PG-MO7-A-60 4 City of Round Rock Facilities / HVAC Equipment Listing Facility Square Footage Make Model Pump Station Building @ Lake Georgetown - 6 units 3,750 5 Carrier Bard WA602-A00 Carrier 48HJD009H-641RQ Bard WA602-A00 48HJE004H-641 Carrier 50PM-C15HE50-DM Allen R. Baca Senior Center, Parking Garage - Carrier 50PM-C15HE50-DM 40,000 Aaon RM10480B681-000X2 Lake Creek Pump Station - 1 unit I(inningham Park House - 1 unit Aaon R M 104808681-000X2 400 5 ton Stone Oak -1 unit Rock NRiver - 2 units Trane 4TWB3018A1000BA 3 ton 1,500 Lennox 5 ton Lennox 5 ton PARD Yard - 4 units 10,000 Trane 2TWA0060A300AB Trane 2TWA0048A300AB RUUD RSKA-A0185K00 Trane 2TWA0060A300AB Allen R. Baca Senior Center, Bldg. 2 - 4 units 28,435 5 Carrier 48 HGD016B-6AE Carrier 48HJD009H-641RQ Carrier 48HJE004H-641 Carrier 50ZN D090BD L610CH Allen R. Baca Senior Center, Parking Garage - 1 unit 40,000 Mitsubishi 3 ton I(inningham Park House - 1 unit 2,829 No Data 5 ton Stone Oak -1 unit Bard 3 ton 5 'ROUNDROCK, TEXAS iVtfOSLf�tRt1.Y fROSP[Affr BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 HOW DID YOU HEARABOUTTHIS ❑ Newspaper ❑City's Website toE-mail Announcement ❑ ESBD ❑other SOLICITATION? IS THIS THE FIRSTIS YOUR BUSINESS 1`71TIME RESPONDING ❑ Yes � No REGISTERED WITH 4LN Yes ❑ No Register at: roundrocktexas.gov/VendorCentral TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION Solicitation Number: #13-016 Solicitation Name: HVAC Systems and UNIT OF MEASURE Tax ID Number: 2(O -- O'AGW Ca 12 Business Name: -V okn u6ir i P.St Inc. ZO a *'* Regular business hours are from Monday through Friday, 7.00 am to 6:00 pm. Services --_. z 0 Address: 2-70\ GaWS (YA W. A -101 G x,-72.00 Opening Date: March 26, 2013 a W Address: iPot)n R n (. k YX -7 8664 z Z *** Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to Opening Time: On or Before 3:00 PM CST o z Contact: Mei\SSG i'�;I 1 HOUR ] j 05 , 00 Z0512.) Telephone: 9Lt 5 _G0 G Q 6 Opening Location: City of Round Rock o % City Hall Entity Type: -)k Co,( '(Aton _, O 221 E. Main Street CL Round Rock, TX 75664 cc 1� E-mail: Me11ss o.,� it� ��r�11'V�t Y1P5�C Website: (S►C w'i(1nduynid s -(6m HOW DID YOU HEARABOUTTHIS ❑ Newspaper ❑City's Website toE-mail Announcement ❑ ESBD ❑other SOLICITATION? IS THIS THE FIRSTIS YOUR BUSINESS 1`71TIME RESPONDING ❑ Yes � No REGISTERED WITH 4LN Yes ❑ No Register at: roundrocktexas.gov/VendorCentral TO THE CITY? VENDOR CENTRAL? Part 1: Labor Rates and Parts markup percentage ITEM # DESCRIPTION QTY UNIT OF MEASURE Unit Price *** Labor rates paid shall be only for productive hours beginning and ending at the Job site. *** Labor rates shalt include ail direct and indirect costs such as transportation and overhead. *'* Regular business hours are from Monday through Friday, 7.00 am to 6:00 pm. 1 REGULAR HOURLY LABOR RATE: 1 HOUR x,-72.00 2 MINIMUM # HOURS (IF ANY): HOUR(S) *** Overtime hours include weekends, holidays and hours other than regular business hours. Overtime charge is not to exceed one and one half (1 r4) times the regular hourly labor rate. 5 OVERTIME HOURLY LABOR RATE: 1 HOUR ] j 05 , 00 6 PERCENTAGE (%) MARKUP (IF ANY): G� % r1'1 Part 2: Additional Information ur E t.7 0 J 3 O Y Q CONTACT INFORMATION: Indicate a contact person and telephone numberfor normal working hours/servvice calls !� Designated Contact Person: (!!i\--) r n Phone # (5 t In qq 1 �✓� v� PRODUCT / SERVICE: The City's facilities are equipped with various HVAC systems (See Attachment C) including, but not to be limited to Carrier, Trane and Lennox. Can you provide products, installation and service for the various systems across the city? IA Yes [:]No Are your firm's Technicians certified to repair, install and perform maintenance on the City's existing brands of equipment? [A Yes 0 No Note: Contractor shall not sublet any workout to a third party. Contractor shall provide background checks and proof of right work in the United States for all employees designated to the City prior to commencement of work. By the signature hereon affixed, the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 at seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined inrtPa I. #14 of this solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies? ® Yes ❑ No Response shall include one (1) signed original and five (5) copies of response. KI C -i . 14A -LrK t> PrInted Narbe Failure to sign response will disqualify response. Author' d Signature Melissa Gill Business Development Manager main 512 310 5050 fax 512 310 5069 cell 512 203 8409 2417 service 512 445 6060 Melissa.Gill@TDindustries.com • • • a mmly. 4 OOWDIndustnes 2701 Gattis School Road, Bldg A Ste 101, Round Rock, TX 78664 03 L2-._%—1 13 Date Clarifications to Price Sheet HVAC SERVICE RATES: HVAC Labor Rate: $72.00 per hour. Billing increments are each V2 hour HVAC Overtime Labor: $108.00 per hour. Billing increments are each % hour Markin Scale: • $0-.00-$100.00:70% • $101.00- $250.00: 50% • $251.00-$500.00:40% • $501.00 +:30% CONTACT INFORMATION If you do need assistance with any of our service or operational solutions in Central Texas please contact: • 24 -Hour Dispatch Service o Main Line: (512) 445-6060 o Email: dalservice(c�tdindustries.com • Melissa Gill o Account Manager, Central Texas Service o Cell: (512) 203-8409 o Email: Melissa Wllindustris.com • John McRae o HVAC Service Manager, Central Texas Service o Cell: (512) 994-8287 o Email: john mcrae@tdindustries.com • Jesus Cano o HVAC Field Supervisor, Central Texas Service o Cell: (512) 848-4538 o Email: Jesus.cano@tdindustries.com SOLICITATION NUMBER 13.016 SPECIFICATION NUMBER 13-910-36,13-914-50 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 13 -01 (� RESPONDENT'S NAME: ,1 1l ,1i5SGz GI DATE: -I - -2- ) _� Provide the name, address, E-mail address, telephone number and point of contact of at least --three (3) Municipal and/or Government agencies or firms of comparable size and scope that have utilized similar service within the past two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. Company's Name k cw)e✓ �Sp Name of Contact 02Nid Hocck bex K Title of Contact Coo -r()jilni ftC�t'Z, M ti\ `1 ��i'liYICY� C�1'�� r7 t7�.VC�i S (6 -,o E -Mail Address d110C6ebC Ck d1 LCt rn t M - (ltA Present Address ktO W -,si).�cAnY •nf. S`ic City, State, Zip Code Ko { tYl � l X , -% M Lf Telephone Number (5 i 2 } '7 —L ' to ") i - Fa>F Number: Li2Z Company's Name C u &1 Name of Contact L ,(�, C, cc), Title of Contact �(S.C1�1�\C`� i �?n' '.j`1(lYl -� 4uccykksoy, E -Mail Address t-. e v% n yr Present Address Z33 N PC (ns City, State, Zip Code an Ati, torN Telephone Number t 6 ) '3?-) 5 -- &1(�O Fax Number: ( SI 0 Company's Name c (1) n(x� l J� Name of Contact Caylos A kC nSo Title of Contact _(� �� EC fIV d� mo\\ r-l� i.1'l`.nn re E -Mail Address ( (�Y I o,S . Ch\Q n5 U O: e o nth Present Address L�?j'j S • SGY-) QCAYtO City, State, Zip Code any-) Telephone Number (2\ O ) L. Li 1` - K,) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 12 of 12 ---I 13 ACC> ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDnrYYY) 02120,2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ifeu of such endorsement(s). PRODUCER CONTACT NAME: Sallie Stephens dallas.certs@mersh.corn PHONE FAX No. Ex01 SAIC N.1! E-MAIL AD S: Marsh USA Inc. 4400 Comerica Bank Tower 1717 Main Street INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A, Illinois National Insurance Cwnpany 23817 PERSONAL 8 ADV INJURY S 1,000,006 INSURED - INSURER 8: National Union Fire Insurance CO. 19445 TDlndushies, Inc. INSURER C Great American Insurance Co. 16691 13850 Diplomat Drive Dallas, TX 75234INSURER D: New Hampshire Insurance Company 23841 _ INSURER E: GENERALAGGREGATE $ 2,000,000 INSURER F: GENL AGGREGATE LIMIT APPLIES PER: rnvconccc rERTIFIr:ATF NUMBER' HOU-002074472-14 REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE GENERAL LIABILITY OL SUER POLICY NUMBER MMIDCDY MMIDDY/YYYY LIMITS EACH OCCURRENCE S 1,000,000 E TO RENTED 100,000 PREMISES Ea occurrenceS A X COMMERCIAL GENERAL LIABILITY CLAWS -MADE D OCCUR 6506294 03/0112013 03101@014 - MED EXP (Any one person) S 25,000 PERSONAL 8 ADV INJURY S 1,000,006 X CONTRACTUAL LIABILITY GENERALAGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG S 2,000,000 S POLICYX SOT X LOO AUTOMOBILE LIABILITY £a acadEL BID SINGLE LIMIT S 1 000606 BODILY INJURY (Per person) S B X ANY AUTO 6506153 0310112013 03101/2014 BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE S Per cciden S C X UMBRELLA LIAR X EXCESS LIAe OCCUR CLAIMS -MADE TUU357900812 03101/2013 0310112014 EACH OCCURRENCE S 5,000,000 AGGREGATE g 5,000,000 DEO I X RETENTION S 10,ODD WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOAIPARTNER/EXECUTiVE Ya OFFICERIMEMBER EXCLUDE09 (Mandatory in NH) A yes, describe under DESCRIPTION OF OPERATfONS below S X WC STATLLOTH- Y .• D NIA 3566719 03101/2013 03101/2014 1,000,000 E.L. EACH ACCIDENT 5 _ 1,OOD,060 E.L. DISEASE • EA EMPLOYE S _ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, AddlUonol Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATION City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main SL ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. William Hines Gtlry-yfif��:�+ ACORD 25 (2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TDI Qualifications: Description of Unig to Qualifications We appreciate the opportunity to provide the City of Round Rock with our qualifications for HVAC services and we are looking forward to forming a long -tern partnership with your facilities department. In order to clarify our proposal and convey our capabilities we have included documentation that outlines why TDlndustries is the leading mechanical construction and service company in the country. In addition, below are some key points for your consideration that we believe differentiates TDIndustries: 1. We have extensive experience perfornZing truck based service work with customers that require professional, uniformed technicians. Our HVAC service teams consist of professional service technicians with extensive experience working within state and government entities including: Edgewood ISD, Eanes ISD, Georgetown ISD, the City of Burnet, Teacher Retirement System, the City of Bastrop, Bastrop ISD. From chillers to refrigeration equipment there is nothing our team call not work on; our technicians are highly trained in every aspect of HVAC. 2. TDIndustries is dedicated to fonning long lasting relationships with all of our customers, and to providing the best service possible. Our 2417 service assures that day or night we are available for any facility need. You can call our dispatch number at 512-445-6060 to request service and outline the needed response. For emergency response we will respond within 1 hour and for non -emergency calls we will typically be on site within 24 hours. After-hours calls are handled by TDIndustries dispatchers and follow the same response gnridelines. You will also receive a call from your dedicated service technician on the estimated time of arrival. As one of our preferred customers, you will have priority when you place a service call and you will have a primary and secondary technician assigned to your account. 3. Founded in 1946, we are the largest employee -owned mechanical contractor in North America, with offices in Dallas, Austin, Houston, San Antonio, and Phoenix, AZ. This past year we were recognized as a Top 100 Best Company in the country to work for ill Fortune Magazine, and are one of 12 companies that have been on that list since it's inception in 1998. This and other awards signify that TDIndustries is large enough to meet the increasing demands of your business while performing those duties with superior customer satisfaction as our number one goal. 4. Financial Stability is at the core of TDIndustries. In 1948 TDIndustries sold its stock to its employees to earn capital while avoiding debt. To this day TDIndustries is 100% employee owned and debt free; we have over $40M in working capital; a $15M line of credit; and unlimited bonded capacity. With revenue of $308M in 2010 we have the size and the —financial strength to weather the any economic stone and would be more than happy to supply you with our finical statements upon request. For additional information I would encourage you to explore our web site at www.tdindust ies.com. Thank you for your time and the opportunity to provide you with information regarding TDIndustries. Technicians Certifications: Resumes for HVAC Personnel John McRae • Role — HVAC Service Manager • Training & Current Certifications — EEW, CSHI Safety 101 Certified, Trane Factory Training, Centrifugal Chiller Training, Universal EPA, Segni-Hermetic Compressor Certified, CNN Carrier Comfort Network Certified, OSHA 10 Hour • Number of Years Providing Commercial HVAC Services — 23 Jesus Cano Role —Service Supervisor Training & Current Certifications — EEW, Universal EPA., OSHA 10 Hour, Lockout/ Tag Out, Trane Factory Training, Mitsubishi Factory Training, American Hermetic Compressor Training Number of Years Providing Commercial HVAC Services — 18 Matt Shelton • Role — Service Project Coordinator • Training & Current Certifications — Confined Space, EEW, CSHI Safety 101 Certified, ABB Drive Certified, Scaffold Certified, Liebert Factory Training, Trane Factory Training, Danfoss Certified, Universal EPA, and Semi Hermetic Compressor Training • Number of Years Providing Commercial HVAC Services — 12 Steve Stanley • Role — HVAC Technician • Training & Current Certifications — Confined Space, EEW, Universal EPA, CSHI Safety 101 Certified, Universal EPA, Trane Factory Training, and Liebert Factory Training • Number of Years Providing Commercial HVAC Services — 14 Benito Garcia • Role —HVAC Technician • Training & Current Certifications — EEW, Universal EPA, American Hermetic Compressor Training, Stulz Factory Training, Mitsubishi Factory Training • Number of Years Providing Commercial HVAC Services — 19 David Whited • Role — HVAC Technician • Training & Current Certifications — NCCER National Register HVAC, Confined Space, EEW, Universal EPA, CSHI Safety 101 certified, Universal EPA, and Semi Hermetic Compressor Training, Trane Factory Training _ • Number of Years Providing Commercial HVAC Services — 14 Edwin Cousin 0 Role — HVAC Technician • Training & Current Certifications—Universal EPA, CSHI Safety 101 Certified, Trane Factory Training • Number of Years Providing Commercial HVAC Services — 7 Resumes for HVC Personnel Continued Cody Jackson • Role — HVAC Teclurician • Training & Current Certifications — Universal EPA, EEW, CSHI Safety 101 Certified. • Number of Years Providing Commercial HVAC services — 5 Antojuan Spoons • Role — Senior HVAC Technician • Training & current certifications — Universal EPA, CSHI Safety 101 Certified, EEW, York Optiview and Teardown Certified Trane Factory Training, and Semi Hermetic Compressor Training • Number of Years Providing Commercial HVAC Services —13 Jimmy Eixman • Role —HVAC Technician • Training & current certifications — Universal EPA, CSHI Safety 101 Certified EEW, Metasys Architecture Certified, and Semi Hermetic Compressor Training • Number of Years Providing Commercial HVAC Services —13 Chris Harris • Role —HVAC Technician • Training & Current Certifications — EEW, Universal EPA, American Hermetic Compressor Training • Number of Years Providing Commercial HVAC Services — 5 Domingo Diaz • Role —HVAC Technician • Training & Current Certifications — EEW, Universal EPA, American Hermetic Compressor Training • Number of Years Providing Commercial HVAC Services —11 R l� m m a b �i ■ ! / tVp , m E ` 2 m � r � /} §% tra!E I x o m r CD ;�!� E . F R§ � /' )K }] E E ��■ �2�» �2 2 { OrQ tv CA ƒ TDIndustries, Inc. Excdmcc through Employcc Ownwhip City of Round Rock --- Invitation for Bid Heating, Ventilation and Air Conditioning Systems and Services City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664 Return Address: TDIndustries, Inc. 2701 Gattis School Road Building A, Suite 101 Round Rock, TX 78664 P: (512) 445-6060 F: (512) 310-5069 Principal Texas Address: TDIndustries,lnc. 13850 Diplomat Drive Dallas, TX 75234 Vendor ID Number: 26-0464612 TDIndustries, Inc. Representative Melissa Gill Account Manager Melissa.eill(@tdindustries.com (512) 203-8409 The response and all attachments are being submitted to the City of Round Rock as a statement of qualifications and request for consideration for the firm as a candidate to provide goods and services for the City of Round Rock. Date: '-;12,5/1:3 Signature: `j'jj'W'V' .,bW Ori9i nN TDindustries, Inc. Excellence Through Employee Owneiship Table of C®ntei Attachment A ® References Attachment B ® Solicitation Bid/ Price Sheet ® Clarifications to Price Sheet and Contact Information Declaration Paye • Proof of Worker's Compensation Insurance TDI Qualifications O Description of Unique Qualifications Technicians Certifications m HVAC Technician Resumes Contractor's License • Copy of HVAC License.