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R-05-06-23-14F2 - 6/23/2005RESOLUTION NO. R -05-06-23-14F2 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of A/C filters and service, and WHEREAS, Star Air, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Star Air, 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 A/C filters and service with Star Air, 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 23rd day of June, 2005. LL, Mayor City of Round Rock, Texas CHRISTINE R MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50623F2.WPD/Sc CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF A/C FILTERS AND SERVICE FROM STAR AIR, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement to provide A/C Filters and Service, (referred to herein as the "Agreement") is made and entered into on this the , 2005, 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 STAR AIR, whose offices are located at 1502 Brandi Lane, Suite A, Round Rock, Texas 78681 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase the provision of A/C Filters and Service from Vendor; and WHEREAS, City has issued its Solicitation for the provision of said services, and City has selected the Response to Solicitation 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 goods or services and Vendor is obligated to sell specified goods or services. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. 00085732/jkg D s EXHIBIT 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 mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM 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 five (5) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the agreement, except as provided for herein above. This agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. C. City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, 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 as the. integrator of choice to supply the goods or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit "A": A. City's Solicitation designated as IFB No. 05-021 AJC Filters and Service, 2 B. Specification Number 05-910-36 C. Vendor's Response to Solicitation; 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) (2) (3) This Agreement; Bidder's Response to Solicitation; City's Solicitation, exhibits, and attachments. 4.01 ITEMS AWARDED The goods or 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 as fully a part of this Agreement as if recited herein in full. 5.01 COSTS The bid costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase in services in accordance with the Producers Price Index at http://stats.bls.gov/ppt/. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. The City reserves the sole opinion to reject any price increase and terminate this contract should the City and the - Vendor not agree on any price increase. 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 or services received; and D. Delivery dates. 3 8.01 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 goods or 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. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without 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. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation and its Response to Solicitation. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Larry Madsen Public Works 212 Commerce Round Rock, Texas 78664 512-218-5552 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or 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 goods or service and that it may not be considered in future bids for the same type goods or service unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement ifit does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under' this Agreement; Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION 5 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) day's 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, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. 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 the 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) day's after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement 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. 18.01 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's agents, employees or subcontractors, in the performance of Vendor's 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. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each 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. 6 21.01 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 recipient's address as stated in this Agreement. Notice to Vendor: Star Air, Inc. 1502 Brandi Lane, Suite A Round Rock, TX 78681 Notice to City: David Kautz Assistant City Manager and Chief Financial Officer 221 East Main Street Round Rock, TX 78664 AND TO: Stephan 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. 22.01 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 orall of the terms or conditions herein, exclusive venue for it- 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. 23.01 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. 7 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim may be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 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. 25.01 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 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 to this Agreement, be determined void. 26.01 MISCELLANEOUS PROVISIONS A. 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. B. 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's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. 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 8 impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. 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. IN WITNESS THEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: STAR AIR, INC. By: Printed Name:' 6 y 7,4,Yzo� Title: f•`�r�.7 Date Signed: 5 2 ATTEST: Christine R. Martinez, City Secretary AP -PROVED AS TO FORM: Stephan L. Sheets, City Attorney 9 EXHIBIT "A" 10 CIT BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVITATION FOR BID (IFB) F ROUND ROCK PURCHASING OFFIC,. 221 E. Main Street Round Rock, Texas 78664-5299 INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: Various City owned facilities as per the attached specification # 05-910-36, dated APRIL 2005. FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. BIDDING INFORMATION: AC FILTER SUPPLY AND SERVICE BID NUMBER 05-021 OPENING DATE: 4/19/2005 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers Round Rock, Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bi disqualify bid y -2 -6 -or Authorized Sig re 7arvay 1 °Ail o r Print Name Date TAX ID NO.: SEE 1.7 ON BACK FOR INSTRUCTIONS: ao-oo19/t}k LEGAL BUSINESS NAME: r z r 1f , ' he ADDRESS: 50 - ADDRESS: ROur.d iZoCIL CONTACT: J e551Ca LOOkik -or TELEPHONE NO.: `Jj/ a- of 55- g r 9 5 A BUSINESS ENTITY TYPE: ('of Qo r c -Coy\ "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any other person engaged in such line of business." This is to establish a twelve (12) month contract for the supply and/or replacement of air conditioning filters in the various City owned facilities identified in the attached specification #05-910-36. This contract may be renewed for four (4) additional periods of time not to exceed twelve (12) months for each renewal provided both parties agree per specification No. 05-910-36, dated APRIL 05. ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. All items listed on the following page are in accordance with Specification No. 05-910-36, dated APRIL 2005. REFERENCES Project Name/Date a�rrt Field Type Owner/Phone/Contact 1 rbys2fVt� ttemay, upphi -t service ft` HcfS (`,(de )e'. ' . 50 2 p"Ps ma,ibu-Cuir‹Nt- 5uppli 4 se (vi `Pbme( 5)a�-alt12q 3 L15 -1 -(.1 -?)Oa -2- CSID)062-0331 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE BID RESPONSE SHALL AUTOMATICALLY DISQUALIFY THE BID FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS SOLICITATION Pagel of4 Oa*y1) f kf r\ 3- uneo/-currfn4 Suppl\4 J ws.s ( 13TION 1 - A/C FILTERSUPPL>r 1 2 12x24x1 12x24x2 2 8 24 96 3 4 5 6 7 8 9 10 11 12 13 14 15 13x21 x1 14x16x1 14x20x1 14x25x1 14x25x2 15x20x2 16 x 20 x 1 16x20x2 16x20x4 16x22x2 16x24x2 16x25x1 16x25x2 1 1 1 1 2 8 9 20 67 8 8 14 20 12 12 12 12 24 96 108 240 804 96 96 168 240 16 17 18 19 20 21 22 18x24x2 18x30x1 20x20x1 20x20x2 20x20x4 20 x24 x1 20 x24 x2 16 1 111 10 6 5 6 192 12 1,332 120 72 60 72 $a•tI1 $ $ 411R $ 1q.ag UV $ 3,Z $a. $ P • o9 $ a.50 $4,ov $tio° $ a.a5 $2.31 $g1.3e $ 1S .g 1 $a,(R0 $ a.a5 $ 5a,CD $ 47, a0 $ AA) $a•(to $ 5, as $3.10 $3.03 23 24 25 26 20x25x1 20x25x2 20 x30 x2 20 x36 x1 9 3 3 1 108 36 36 12 $a,1l $ a,s:I� $ 5.1J0 27 20 x44 x1 7 84 $Le•'IO 28 22 x22 x1 5 60 $ Lkk0 $ atp7,51 $ 5iI. ani $ a31. 3 l $ yg, $ a9,6D $ R5(0.3. 3a14 $ 3811,0D $ z4g $ L.lo3.a° $ t_a,l.ob $56(0,0 $ $ 15, 5o $len a5,11 $ 'V.91 $ 13.gL $5, 1}p $ 'Pt g0 29 30 24 x24 x1 24 x24 x2 8 18 Page 2 of 4 96 216 $a ql $ 3.y11 aa,ap TOTAL PROPOSED ANNUAL COST $ als-lln $ or), (0-1 $ a8 $ $53'7.top $ $ $P'l9.No $143,bit $13,?14.3a • OPTION "- A/C FILTER REPLACEMENT' SERVICE 31 City Hall 221 East Main Street 37 $ 1,ID 32 Public Works - Building A 2008 Enterprise 12 33 34 35 Building Construction TA&UA 2008 Enterprise 5 $<a5 $ 40,70 $ )5 �'° < $ as WLM/Street 212 Commerce 5 $1,50 $ '1 , 5a $14g$.LQ $ Igo,a-o $ r75,`71) $ gD,ao 910 Luther Peterson 5 36 Vehicle Maintenance 901 Luther Peterson 3 $1,5D $1,50 37 Utility Support 5200 N. IH 35 2 38 Water Plant - Building A 5200 N. IH 35 7 $1,60 $1,60 $'7,5o $ <50 $ 3 6"D $ lb ,5 39 40 41 New Plant - Building B Chlorinating Building - Building C Highline Maintenance 5200 N. IH 35 12 $1, a5 5200 N. IR 35 1 $ (,5✓' D $ 1.5o 5200 N. IH 35 18 $1,215 42 Lab 5200 N. IH 35 2 $ 1.50 43 44 45 Meter Readers PARD Yard Site Police Department - Building A 5200 N. IH 35 300 S. Burnet 615 Palm Valley 2 4 10 $ 1,50 $1,6o $1,25 $ So $36° $3 CD $ •5o 46 47 48 49 50 51 52 53 Police Department - Building B Police Department - Building C FIRE - Central Station FIRE - Station 2 FIRE - Station 3 FIRE - Station 4 FIRE - Station 5 FIRE - Station 6 615 Palm Valley 10 $1,25 $ l x-•50 615 Palm Valley 203 Commerce 201 Florence 1901 Rawhide 3300 Gattis School Road 350 Deepwood 2919 Joe DiMaggio Blvd. 10 17 4 2 4 10 11 54 55 56 Maintenance/Sign Signals CMRC McConico 2015 Lamar Drive 1600 Gattis School Road 301 W. Bagdad 2 39 16 57 58 59 Senior Center Library Senior Activity Center 205 E. Main Street 216 E. Main Street 301 W. Bagdad - Bldg. 2 18 44 48 $1.5 $Lac) $ a.5a $a<5o $I<DS $)<a5 $ 1,50 $1,10 $ I . a5 $1, R0 $),I0 $ ),10 $ $5,w $13,-75 $3.6') $gQ,90 $ 'a0 ,'D $ $ 51J, ro $ 3(0,0 $ 1kr <60 $ ego fro $ 8'• $t)r/0.oD $ (36.°T) $ 3(0,°13 $ $ 150,b -o $ 150,E $ lop ten) $ (00," $ !a0 , a -n $ 1(Q5.'" $ 21o,0D $ (e2 $ 5So.1s 0 so McConico 301 W. Bagdad 64 $. J, a5 TOTAL PROPOSED ANNUAL CHARGE Page 3 of 4 $ 531-1, as OPTION 3 - A/l. ilLTER SUPPLY & REPLACI_.AENT SERVICE 31 32 33 34 35 36 37 City Hall Public Works - Building A Building Construction TA&UA WLM/Street Vehicle Maintenance Utility Support 221 East Main Street 2008 Enterprise 2008 Enterprise 212 Commerce 910 Luther Peterson 901 Luther Peterson 5200 N. IH 35 37 12 5 5 5 3 2 38 39 40 Water Plant - Building A New Plant - Building B Chlorinating Building - Building C 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 7 12 1 41 Highline Maintenance 5200 N. IH 35 18 42 Lab 5200 N. IH 35 2 43 44 Meter Readers PARD Yard Site 5200 N. 1H 35 300 S. Bumet 2 4 45 46 47 Police Department - Building A Police Department - Building B Police Department - Building C 615 Palm Valley 615 Palm Valley 615 Palm Valley 10 10 10 48 FIRE - Central Station 203 Commerce 17 49 FIRE - Station 2 201 Florence 4 5o FIRE - Station 3 1901 Rawhide 2 $ 4.311 $3,(Qq $5to5 $ i,ao $ y,n $ 1I D • $ 33 $z1.o5 $ LI, a9 $ L)4 $q,oy $Clot $ /4,5o $ 3.9) $ ago $ 3.Fso $ 3,S-0 $3.77 $ 5•a5 51 52 53 54 FIRE - Station 4 FIRE - Station 5 FIRE - Station 6 Maintenance/Sign Signals 3300 Gattis School Road 350 Deepwood 2919 Joe DiMaggio Blvd. 2015 Lamar Drive 4 10 11 2 55 CMRC 1600 Gattis School Road 39 $ 5 170 $3.t°o $L/.UD 56 McConico 301 W. Bagdad 16 57 58 59 Senior Center Library Senior Activity Center 205 E. Main Street 216 E. Main Street 301 W. Bagdad - Bldg. 2 18 44 48 $y-ao $3.33 $ goo ,58 $LLL, $ 1,°I) $ taco $ q,,0 $19ate,q(, $ 339. °-o $ asa. o -o $ ayo,0b $ 1o3,9a $58$•9(Q $ $ o -o $ 15• cQ z -I $ '5O $ 36 av $ toll, ©9 $ al $10,crr) $3(Q,'1" $ yo. alQ $ ?• cr° $ P9t.?3 $ Ltfl a o $69.911 $ 1-1P.tgg $ a1'7, 9a y9.ao $ ?'7a. loll $910 o- $ / o g, "-o $ 187. cog. $ LJ5t0.6n $ L1612,aO $ 7(0q, og $ 05a,6° $/;o,°1) $ ago. °0 $ 431°1' $1.163,1 $ gle, o -o $3oa, 5 $eo(0, yo $719,ag- $ "'-( ?, 74 $0(215, o 60 McConico 301 W. Bagdad 64 $5.06 $334, TOTAL PROPOSED ANNUAL CHARGE Page 4 of 4 $1,'3114 v $19, 39-)4 INVITATION FOR BID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK, TEXAS IFB No. 05-021 Addendum No. 1 Date of Addendum: April 8, 2005 The Above Invitation For Bid (IFB) has been changed to include the following: 1. Extension of Bid Opening date to Tuesday, April 26, 2005. IFB, Page 1 of 4 2. Revision of Pre -Bid Conference date and time to Tuesday, April 19, 2005 at 9:30 am. Specification # 05-910-36, Page 8 of 10 All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below; Addendum No. 1 is hereby incorporated into and made a part of the above referenced Invitation For Bid. ACKNOWLEDGED Star 11-r, 1 pc, Vendor uMar\ i(ab-os Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE GROUNDS FOR REJECTION OF YOUR BID. NOTICE TO BIDDERS Sealed bidsaddressed to the Purchasing Division, City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664-5299, for "NC FILTER SUPPLY AND SERVICE' will be received until 3:00 p.m. April 19, 2005 then publicly opened and read at the same address. Bids shall be submitted on City of Round Rock bid form. Bid form and specifications may be obtained from the Purchasing Office at the above address. Ad was submitted and quoted to Randy Barker on 4/1 with correct scheduled dates. An error occurred at the Round Rock Leader and it was replaced with another ad order also from the Purchasing Department under City of Round Rock. This ad did not run the two dates 4/5 and 4/12 It is rescheduled to run 4/12 and 4/19 with the date in the ad changed to 4/26 as attached. Thank you, Stephanie Allison Classified Line Ads STAR AIR, INC. 1502 Brandi Lane, Suite A Round Rock, Texas 78681 Ph (512) 255-8995 Fax (512) 255-8127 Professional References: Randy Read - Risco Supply 410 Oakcrest Drive Cedar Park, Texas 78613 (512) 257-1477 Steve Domel - Texas Department of Public Safety 5805 N. Lamar Blvd Austin, Texas 78752 (512) 424-2169 Clyde Jennings - Fox Service Company P.O. Box 19047 Austin, Texas 78760 (512) 248-0287 ACORD. CERTIFICATEF LIABILITY INSURANCE. M(OOUCER The Insurance Store P.O. Box 514 Belton TX 76513 04/25005 THIS CERTIFICATE 18 ISS AS A MATTER OF INFORMATION ONLY AND CONFERS Nb RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Star Air; Inc. P. O. Box 431 Salado TX 76571 res.nss A Ohio Casualty Insurance Co. MSURER It INSURER C: INSURER D: COVERAGES INSURERS Telas American General Agency THE POLICES 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 OR SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI) CLAIMS. 1.I6 TYPE OF INSURANCE POUCY NUMBER BH053077511 i'IE� Load 04/11/2005 Plata;UYeeAr 9H 04/11/2006E"c11000URRENCE UNITS FIRE OAMAOE (Aar we tin) s 1'000,000 5 100.0 A OENERALLoa1LITT COMMERCIAL GENERAL UABLITY X CLAIMS MADE a OCCUR MED re (INTI a,pegen) S 10 000 S L000,000 Feasot Afyi ADV INJURY GENERAL AOGREGATE 5 1,000,000 s 1.000 000 GENT 3 AGGREGATE LIMIT ARA S PER: PRODUCT'S• COMPANI A00 POLGVfl P 1 1LO4 A AUTOMOBILE UAeLLtTY ANY AUTO ALL OWNED AUTOS SCHEDULE* AUTOS QED AUTOS NON -OWNED AUTOS BA053077511 04/11/2005 04/11/2006 COMBINED SINGLE Lawr (Ea maiden) s 1000000 _ BODILY INJVRY (Perp 5 _ X BODILY INJURY par feekkpa) 5 —^ PROPERTY DAMAGE (Pt, *salaam S GARAGE LIABILITY R ANY AUTO AUTO ONLY • EA A S Onto THAN eA ACC $ AUTO ONLY: AGC S EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE 5 ASSEEGATE 5 DEDUCTIBLE RETENTION 5 5 $......--.. 5 E WORKERS COMPENSATION AND EMPLOYERS' LU&LITT WC9365512 09/24/2004 09/24/2005 1T »Yi M E.L. EACH ACCIDENT s 100,000 100.000 El. DISEASE - EA EMPLOYEES EL DISEASE - POLICY MR S 500.000 OTHER DESCRIPTION oPOPV ATKk1IRACATIONstverscLss oLura wsADDEoBYEND*RSEMEN7IWPEDMIPROVISIONS Certificate holder is shown as additional insured on general liability. CERTIFICATE HOLDER 1 I AOOITIONAL stsuRi3L• (Nsuasa_t TTEIF _ANCEL�L TION City of Round Red( ARD:Randy Broker 121 E. Main St Round Rock SHOULD ANT OPTNEAaOVEBESCRIeEOPOUCIESBE CANCELLEDEEPORETHEEXPINATION GATE THEREOF, THE ISSUING SOURER WILL ENDEAVOR TO MNL 10 DAYS WRITTEN NOTICE TO YHE OERTIF16ATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO 04 so SMALL IMPOSE NO OBUOATION GR UAOIJTY OF ANY HND UPON THE INSURER, ITS AGENTS OR TX 756645299 REPRE$EMATIVES, AUTTIORT2E0 REPRESENTATIVE ACORD 2$-S (71B7) ® ACORD CORPORATION iaae SPECIFICATION NO. 05-910-36 APRIL 2005 CITY OF ROUND ROCK NC FILTERS AND SERVICE PART I 1. PURPOSE: The City seeks to contract with a qualified bidder to supply and/or replace air conditioning filters in various buildings within the City of Round Rock, Texas. Location and quantity are identified on the Invitation For Bid (IFB). The City may consider the following options, whichever is the Best Value to the City: (Option 1) NC Filter Supply (Option 2) NC Filter Replacement (Option 3) NC Filter Supply and Replacement 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Telephone: 512-218-3295 rbarker@round-rock.lx.us 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 bid opening without written approval of the City of Round Rock through the Purchasing Agent. Page 1 of 10 PART It GENERAL TERMS AND CONDITIONS 1. Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The 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. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s) employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. AGREEMENT: The Agreement resulting from this specification shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 6. SCOPE OF SERVICES: The facilities listed are a complete compilation of the City's facilities at the time of this solicitation. Initial requirements of service may be reduced by the City's desire to implement service to individual facilities incrementally. 6.1. The City reserves the right to delete any portion of this contract at any time without cause. If such right is exercised, the total fee shall be reduced by the amount established for that service. If work has already been accomplished on the portion of the contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the percentage of completion. 6.2. The City may require the addition of services from the Contractor as the requirements of the City change. This may entail additional facility areas and/or additional services required at contracted facilities. The Contractor shall provide the City with a cost for these additional facilities or services based upon the cost structure utilized in establishing the cost for the areas that were initially contracted. 7. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in product or commodity in accordance with the Producers Price Index. Any price increase shall be requested by the Contractor inwriting and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. Page 2of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 8. NON -APPROPRIATION: The resulting contract is a commitment of the City's current revenues only, It is understood and agreed the City shall have the right to terminate the contract 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 contractor a written notice of termination at the end of its then current fiscal year 9. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. 10. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 13. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 14. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 15.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. Page 3 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 15.2. The following standard insurance policies shall be required: 15.2.1. General Liability Policy 15.2.2. Automobile Liability Policy 15.2.3. Worker's Compensation Policy 15.3. The following general requirements are applicable to all policies: 15.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 15.3.2. Deductibles shall be listed on the Certificate of Insuranceand are acceptable only on a per occurrence basis for property damage only. 15.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 15.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 15.3.5. Policies shall include, but not limited to, the following minimum limits: 15.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 15.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 15.3.8. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 15.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 15.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 15.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, ,or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 15.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 15.5.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 15.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 15.5.4. Remove all language on the certificate of insurance indicating: Page 4 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 15.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 15.5,4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 15.5.5. Provide for notice to the City at the addresses listed below by registered mail: 15.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 15.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 15.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.5.10.AII notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 78664-5299 Round Rock, TX 78664 15.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 15.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 16. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or .a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the proiect - includes the time from the beginning of the work on the project until the CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER. Persons providing services on the protect ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. Page 5of10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The CONTRACTOR shall contractually .require each person with whom it contracts to provide services on a project, to: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; Page 6 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period; if the coverage period shown on the current certificate of coverage ends during the duration of the project E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. THE CONTRACTOR'S FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS IS A BREACH OF CONTRACT BY THE CONTRACTOR THAT ENTITLES THE OWNER TO DECLARE THE CONTRACT VOID IF THE CONTRACTOR DOES NOT REMEDY THE BREACH WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF NOTICE OF BREACH FROM THE OWNER. 17. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County, Texas. 19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART III SPECIFICATIONS Page 7 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 1. SCOPE: This specification describes a service to supply and/or replace air conditioner filters once a month for each location listed in accordance with the minimum requirements herein. Bidders may submit for either service or both. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the supply and/or replacement of air conditioner filters on a monthly basis. Bidders shall meet or exceed all of the requirements as set forth herein. 3. PRE-BID: Pre-bid conference will be conducted Monday, April 11, 2005 at 1:30 p.m., 221 East Main Street, City Council Chambers in Round Rock, Texas. 3.1 A Facilities Maintenance Coordinator will conduct a site inspection tour immediately following the pre-bid conferences on April 11, 2005. 3.2 Bidders are required to provide their own transportation for the site inspection tour. 3.3 Bidders shall sign -in at the site inspection to become aware of all conditions affecting performance and bid prices. 4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 4.1 References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidder has preformed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. Failure to include references with submittal shall result in disqualification from consideration for award. 4.2 Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 5. SUPPLY RESPONSIBILITIES: The successful bidder shall supply air conditioner filters monthly as per the requirements listed in Attachment A. 6. SERVICE RESPONSIBILITIES: The successful bidder shall change out air conditioner filters once a month at each location listed as per Attachment B. 6.1 Air conditioner filters will be provided by the city and shall be picked up at the Building Maintenance Warehouse at 2015 Lamar, Round Rock, Texas. 6.2 If the installer sees or encounters any air conditioner problems, they shall immediately contact the Building Maintenance Supervisor, Pete Dominguez, at (512) 341-3144 and report the problem. 6.3 The total length of time between air filter replacement per individual locations shall not exceed five (5) weeks. Page 8of10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 6.4 If the installer finds the need to change out certain filters more than once a month, they shall notify the building maintenance supervisor to discuss and review that particular system. 7. DEFECTIVE WORK AND DAMAGES: The successful bidder shall be responsible for damage to the City's equipment and/or the work place and its contents, by its work, negligence in work, its personnel and equipment. 7.1 The City may, at its sole option, require the successful bidder to correct any and all defective work or damages and the successful bidder shall correct it within forty-eight (48) hours of notification. 7.2 If the successful bidder fails to make said corrections within this time frame, the City may withhold from payments due or to become due an amount to correct said defective work or damages. 8. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. 9. LABOR AND EQUIPMENT: The successful bidder shall provide all labor and equipment necessary to perform this service. 9.1 All employees of the successful bidder shall be no less than eighteen (18) years of age, and shall be experienced in the type of work to be performed. 9.2 No visitors, wives, husbands, relatives, or children of the successful bidder's employees shall be allowed in the workplace during the working hours specified herein, unless they are bona fide employees of the successful bidder. 9.3 Any breach of this requirement may be grounds for immediate termination of the contract. 10. SUPERVISION: The successful bidder shall, at all times, have a representative who is authorized to receive and executive directives, on behalf of the successful bidder, from the City's authorized representative. 11. SECURITY: The successful bidder shall at all times assure that the City's property is secure and protected and that access to the buildings is denied to all persons. Additionally, no person shall be allowed in the building that is not covered by the successful bidders insurance and bond. 12. BACKGROUND CHECKS: 12.1 The successful bidder agrees to conduct background checks on all employees that will be assigned to perform duties on City property and furnish said findings to the City prior to commencement of work. 12.2 In an effort to provide the safest possible environment for City employees and enhance the security of physical resources, the City reserves the right to independently conduct criminal background checks on applicable employees of successful bidder. 12.3 The City of Round Rock reserves the right to act as sole interpreter and authority relative to results of background checks. 12.4 Negative or less than desirable findings of said background check shall disqualify employees from duties required by this contract. 12.5 Failure to remove or replace disqualified employees immediately after identification shall be grounds for termination of this contract by the City without prior notice. Page 9 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 12.6 This action shall be consistent with the requirements of the law and prudent practices, and shall conform to the requirements of Texas Government Code 559.003, as it may be amended from time to time 13. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and verified by the designee noted below. Pete Dominguez Building Maintenance Supervisor City of Round Rock (512) 341-3144 PART IV ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor shall be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives 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 Contractor 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: 4.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the servicesperformed which caused the payment to be late; or 4.4 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. 5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq. and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 10 of 10 ATTACHMENT A: Monthly Filter Replacement Sizes and Quantities Size Monthly Annual 12x24x1 2 24 12x24x2 8 96 13x21 x 1 1 12 14 x 16 x 1 1 12 14x20x1 1 12 14x25x 1 1 12 14x25x2 2 24 15x20x2 8 96 16x20x1 9 108 16x20x2 20 240 16x20x4 67 804 16x22x2 8 96 16x24x2 8 96 16x25x1 14 168 16x25x2 20 240 18x24x2 16 192 18x30x1 1 12 20x20x1 111 1332 20 x 20 x 2 10 120 20x20x4 6 72 20x24x 1 5 60 20x24x2 6 72 20x25x 1 9 108 20x25x2 3 36 20x30x2 3 36 20x36x1 1 12 20x44x1 7 84 22x22x 1 5 60 24x24x1 8 96 24x24x2 18 216 ATTACHMENT B: Monthly Filter Replacement Building City Hall Public Works — Building A Building Construction TA & UA WLM/Street Vehicle Maintenance Utility Support Water Plant — Building A New Plant — Building B Chlorinating Building - Building.0 Highline Maintenance Lab Meter Readers PARD Yard Site Police Department — Building A Police Department — Building B Police Department — Building C FIRE - Central Station FIRE - Station 2 FIRE — Station 3 FIRE — Station 4 FIRE — Station 5 FIRE — Station.6 Maintenance/Sign Signals CMRC McConico McConico Senior Center Library Senior Activity Center Address 221 East Main Street 2008 Enterprise 2008 Enterprise 212 Commerce 910 Luther Peterson Place 901 Luther Peterson Place 5200 N.IH35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 300 S. Burnet 615 Palm Valley 615 Palm Valley 615 Palm Valley 203 Commerce 201 Florence 1901 Rawhide 3300 Gattis School Road 350 Deepwood Boulevard 2015 Lamar Drive 1600 Gattis School Road 301 W. Bagdad 301 W. Bagdad 205 E. Main St. 216 E. Main St. 301 W. Bagdad Bldg 2 # Filters (monthly) 37 12 5 5 5 3 2 7 12 1 18 2 2 4 10 10 10 17 4 2 4 10 11 2 39 16 64 *every 3 months 18 44 48 * * D D -n R N = Nc 0 a' 0 3 c o- N o_ CSD v Q Cc G) v o o m v m 3 Qts '6,1in (D S`< m QOKN G7 v CN oomoo3n..CT = 0- �. m —I � = 0 m m CD a o N 3 n c O 'a CD 3 s o cr n c (D c w Q •cn n.0 3 c ✓ a. = 3 n 0) = 0 m 0- c O ^� 3 -0 CD SD O 0 iti m 7XmQ- Qncl) 0 0 Q c 6 v O co _CO . -__2 o Q s CD 0 (D 71 . m — 1v 0 0 _ -a ✓ 0 0 •• a- - 0.. 0 3 Evaluation Scoresheet - OPTION 3 I.ZO-50 # P!8 301A3S aNv S212i 1Id ON CO 0 8 8 8 8 8 8 8 8) 8+ 8 6 W J W W A W N+ 0 000,00,..- W J W 0 IA W N+ 22x22 x1 24x24x1 24x24 x2 N N i„,. O O X X 0 + + 1452552 15 x 20 x2 16%20x1 1852062 16 x20x4 1652262 16x24 52 16x2551 16x2552 18524 x2 18x30x1 2052051 20x20 x2 20 x20 x4 20x24 x1 20 x24 x2 20x25x 1 2052552 20x30 x2 12x2451 12 x24x2 1352151 14516x1 14 x20%1 14%25x1 VEND( +W ° 0 J+ W°°°°00 i+ W O A W W V '800" W N i 0) m O A N 0 X WO N O N O H N N O 0 ss A O 0 W a N N N N OOi A N q A A X 2 2888888; N A 0A A A A V W W W A W W W W A A N A A .8'' N°Na;1NNN8X88a8 A W W 8 0 W 888 A 0 lJ (.0++ f0 ° N 8882888,288882 + A+ W+ A N N W N N W N 0 0 W O W 0 O A W 9. WV W O 0 N P )0 2 0 O 0 W O O 0 2 8 N P W 0 8 g W N 8 0 fp0 N 1STIN AIF ) W G) 8 N 8 8 J 88O8A00 W V ' N m W V 0 O 8 O q A 0 A N A N WpOWNmO WVJVWN 0 08m88888888892008W0 N00WN00 N A OWN+NOAW N N A P+ 0 W N 0 0 A N N W W N N N A N N N N A A N N N W 9 0 8 8 0 2 0+ N 8 0 O 0 8 8 X m V 8 N N J (211 W A 8. 8+ N N 8 W N N W p N 8 8 8 A N 8 O + N+ U N W A 0 W N W A+ N P W P 0 (T N V A V N W W N N W WW W + A V+ 8828'8,888'888'8828888 N N W A + P STAR AIR -88,88 8 Nq A 8 8 V W 889 A 0 8 W 9 O O+ 8 8 8+ 0 8 2 8 8 0 N N N N p9p�� W N N O A m A W N W N m A N W 8 4 8 N 8 0 8 0 m 8 8 8 N N 8> N N p J 8 co 0 8 8 8 0 + A 8 8 W N W 88 0 P J N 8 W N N � N�pp N A N N A N N N N W W N N N N 8 0 0 P 0 V 'N3800.4101 L' 0 L Of8J O A •V N N 8 A W° W 8 N N 8 W N + m N 8 A O 828"28988888888E2888288.88828, p J N++ N N N A V W N N V A++ N Df W J W A N X A W O WJ A W 8 N N N W W pl A (LESS AIR FILTER J N N W W N 0 0 8 fV OWOV 8 8 N N + N++ N W J N V W N 8 0 N N 8OJ2JVJ8fTNAW8NWA0 + 8 N 0 X 0 O O 0 0 0 O O N 0 Y X O 0 A 0 8 0 W 8 N 8 A N Q N W 0+ 8 f0 V 001 J O N N P A W A P O (T A A N+ W P P A U N 0 J 0 2 01 00) A W 0 CO A CO 0 W N+ 0 0 A A V+ V J 0 0 A A A A + A t 28,822888888'9188,8s8,28 WN J+ + nli WW P A N U P) N a,' 2 W W A W W W W + ::- v;:;8'28',888, P A V J W CO BLE A AIRFILTER .5111.11 rf011 + 1.4 N o 0 W m 88-8,k J N 0 0 1:88'8,8'888s W + + + W + 0 +0 A N co 0 61 +++ J Nb N O A V+ 8 8 O W J N m W N N 8 8 Y 8 0 N A V ti W W 8 N 8 8 N 8 0 NA WAp� + N 2 O+ 8 0 A W A 8 W W N 6801 O O (0 N 8 8 A N N N N N N N W N N N N 0 A.N N N N 8 8 8 X 8 O 8 O N 8888888888888's N N A A N 8,88:150 8 O 8 8 88 N N '28 88 8 ,W A + m O 4 A i p8,:80.„ x 8 8 8 8 8 8 8 8 p 8 8 8 p 8 8 8 8 8 8 8 1 A 8ttx90G". 8 A— N p O N N N O+ 8 8 8 0 0 W 8++ N 0 W 8 °i N+ 8 -+ J N+ X N N+ 0 A N 0.0 A+ N " 8 0 8 0 0 88 N 8 N _001 8:8 V N W N 0 "f4 8888888888888888888 P W N W N W N A W N N A N N 0 W W A A 88888 8 0 88888,685:18882, 8 8 8+ 8 W 88888 + W 0 N 0 W N N � V • A W N .P ++ 0 A 8 W 8 8 0 A W. W W on #1) A Oi 0 0 28886889888802,286888888 0+ N 0 80 8 8 IAO + W 0) 0 O 8 A m 8 0 N 0 A A 8 A P+ 8 A A 8 K.1 X A W 8 2 8 8 m P W>+ 6881:24 m W q P N+ 0 N 8 0 W X o 0 N 0 v 8888,88:88,8,8 V 8+ +O V W A 0 8 8 8 0 8 8, 2 8 8 2 2 8 8 8 pVi 8 lZO SO # UIS A/C FILTER SUPPLY & SERVICE SO/9Z/4 :6wuado PIE L 0 6 0 leplwgns ww; imam) s 62090#al9 NC FILTER SUPPLY & SERVICE 90/9Z/t' :6u!uad0 P!9 = calculated extensions different from submittal C 59 Senior Activity Center x 57 Senior Center 58 Library 56 IMcConico 16 1 6 CO 01 (n A 03 01 N CI 01W 01 0 A (0 A A V A O A 01 A A A CONCOV A A 0 CO(O COW CoCOO COO) CO 01 CO 03 W 01 N 03 �x,_ C 0 '! o`, A.mm 0 m p3) U) (� O 0 3 (0 0) 3 11 (n O 3 6 T mmA m O 3 A T co O 3 W -II co O 3 N m 0 3 Co d 3 oO m N 3 0 3 CO O @ O N 3 N 0. CO O oA`6? 00 d N 3 CO D O Ngl �. 6 (D N d co N 9) 5 0 03) CD 0( o P.: (0 co G, q m NNC im 0 CO C- a co 3 ' C S. m D .� G V � 0 0 .3. 0 m ,-0 M (n N D w D a (0 0 y C 3 V C x N , w o73 0 ` d '.' n4"-` '#ttpy', x -i«0 m Z Cd 10 A A COWN p A N A V 0 0 0 A N N N V N W 6 CO 6 T. -` (-� ®' + 1 3` 0: 0: ais ` 0 no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid 0 O' 0 no bidno bid no bid no bid I no bid no bid 0 6 a 0 Q 0 no bid 1 no bid no bid ' no bid 1 no bid no bid 1 no bid 1 no bid no bid no bid 1 no bid no bid no bid no bid no bid no bid no bid no bid no bid 1 no bid no bid no bid no bid no bid no bid no bid no bid no bid 1 no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid no bid 0 6 AUSTIN AIR TECH REPLACEMENT S O O- 6 a s s , 0 6 a 0 6 0. 0 6 s 0 q a 0 P E 03 Q a 0 6 0 0 6 a = 6 a 30 6 0. 1.251. 80.001 320.001 2.501 160.001 640.001 5 3�n nn -. O 0 -` -, -` -. + iv O 01 0 0 0) -, CON N 0 N 0 N 0 01 CO 01 (Nn 0 0 0 (Nn CO ON) 0 0 CO 0 0 NJ 01 N 0 STAR AIR i 9 d .. •.r^ irk .. P,�e ERVICE k 'e NW O) A 0 (O O N W CO W O c0 O V 0 0 0 0 6 N N 0 0 0 0 6 0 0 0 b 0 IJ (n N 01 O N 01 O N 01 O CO 0 o CO W 0 0 0 0 N 6 0 6 01 O 0 0 O in 0 W A J O 01 01 0 0 0 V 0) 01 6 IV O 0 CO 0 O J 0 O1 (0 N O 633.60 CO CO O W 0 N N � CO A COW 0) V O A W 6 m 0 N 0 0 0 0 0 0 0 150.0)0 120.00 O) O O O 120.001 6 6 0 0 (n 0 0 0 6 0 0 0 (n 0 0 0 V N 0 0 03 W o 0 0 0 0 l 270.00 + CO W o 0 0 0 0 N Cr) 0 0 03 6 (0 0 A 0 0 0 0 0 o 0 _ CO V CO 0 6 O 0 0 0. 0 0 0 AW CO 0 N (n O N 01 0 N N N N N O1 (n cn 01 in 0 0 0 0 o 1V in 0 N in 0 N 01 0 N (n 0 1V (n 0 N (n 0 N 01 0 N 01 0 N (n 0 N N 01 in 0 0 1V in 0 N 10 01 01 0 0 N 0, 0 N N N 01 in 01 0 0 0 iV N N in 6 01 0 0 0 N 6 0 DUSTLESS AIR FILTERS -(N)1 0 O 0 6 0 0 0 N 0 N 0 G 0 CN)1 0 0 0 CO 6 0 0 lA)1 0 N O 0 0 .V 0 N V N 0 0 0 N N 03 0 0 0 N 0 O 0 O 0 V 6 V - 0 0 0 p O 0'_ p re ;, A 0 O O N 0 O O 330.00 60.00 1,170.00 480.00 540.00 0 O 0 0 N O 0 0 60.00 N O O O 510.00l 300.00 300.00 O O O O 120.00 0) O) O O bb O 0 540.00 360.00 30.00 -, 0 0 0 0) CO 6 0 0 0 0 0 0 0 0 0 6 01 W 0 0 0 0 0 0 0 0 0 1,110.00 6 o o 6 0 0 6 CO 01 6 6 0 0 0 0 0 co co 0 0 co 6 0 o 6 0 o Ol 0 co 6 0 co 6 0 0 0 0 0 0 0 0 01 0 0 6 o 0 6 CO 0 0 0 0 6 0 0 N N 0 0 0 0 N 0 0 N 6 6 0 0 0 0 0 0 Ol 6 01 0 0 o 0 0 0 0 6 0 0 C o — A 0 0 N 0 0 CO CO CO 6 0 0 01 0 6 0 0 0 0 0 6 0 0 N 0 0 0 0 N 0 0 CO CO 0 6 0 0 6 0 0 6 0 0 N 0 0 -� 0 0 0 0 (0 0 0 O 6 0 0 0 W CT 0 N O (T 6 0 0 0 N N CO Ut cn 0 0 0 0 CO r W m 6 • D 0 D. 1,280.00 PAWL 2,880.00 itoV 2,640.00 660.00 120.00 2,340.00 960.00 1,080.00 240.00 600.00 120.00 240.00 O N 0 0 W 0 0 0 m O 0 0 1 600.00 240.001 120.00 120.00 O O 0 •): 0 300.00 180.00 120.00 420.00 720.00 03 CO V 0 0 N 0 0 0 0 0 0 IV N 'I 0 r11 0 e.. 3 0 O: a ;. `4 0 0 6 O. 0 0 6 a 0 0 0 0 0 0 0 0 0 0 6 0' 6 0' 0' a a a a a 0 0 0 0 P 6 a a 0 0 0' a 3 0 Cr a 0 0 6 a 0 0 6 a 0 0 6 a 0 0 6 a 3 0 6 o. 0 0 0 0 6 6 a. 0. 0 0 Q a 0c 0 0 3 0 0 0 0 0 0 0 0 6 6 6 6 6 P a a a a a o. 0 0 0 0 0 0 6 6 6 a a a AFS (Option #1) no bid no bid no bid O a 3 O 3 0 3 3 3 3 3 0 0 0 0 0 3 3 0 0 6 6 0. a 3 0 6 a 3 0 6 0. 3 0 O; a 3 0 0' s 3 0 0; 0. 3 0 6 0. 3 0 O: 0. 3 3 0 0 0 6 a a 3 0 6 a 3 3 3 0 0 0 0 0 0 0 0 0 6 6 6 6 6 6 a a a a 0. a 0 0 0 0 0 0 0; 6 6 a 0. 0. 6 a - 6 o. 6 0 6 6 0' 6 6 a 0. a a 0. 0 0O%.0 6 a 0 E" 0' s w+ 0 6 a 3 0 6 s 0 0 3 0 3 0 0 0 0 0 0' 0: 6 6 6 o: a s o. a 3 0 0 0 0-, 6 a. a 0 0 6 a 0 0 6 a 0 0 6 a. 3 0 6 a 0 0 6 a 0 0 0: a 0 0 6 a 0 0 0 0 6 0: n a 0 0 6 a no bid no bid no bid no bid no bid no bid no bid no bid no bid 3 O 6 a 3 O- 6 1 a PN vu pig ou 0 3 0 0 0 0 0 0 0 0 6 6 6 6 0. 50.50.50;0 0 0 0 0 6 6 0 0 0: 0 0 0- 0 0 6 0 0 6 s 0 0 0_ O. 0 0 6 a 0 0 P a 3 0 0 0 6 6 a a 0 0 6 5555555555 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 P 6 6 6 6 0: P 6 6 AFS (Option #2) eg no bid nn hid nn hlrl 3 O 6 a s ". 3 O 1 6 1 a 1 0 0 0 0 0 0 0 0 0 0 0' 0" 6 0' 0: ]. a a a a. 0 0 0 0 Cr 0' a a 0 0 0' a 0 0 0: a 0 0 6 a 0 0 6 a 0 0 0- a 0 0 6 a 0 0 0- a 0 0 0 0 6 0' a o: 0 0 6 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0' 6 6 6 0- 0: 6 0- o. a a a a a a a a 00 P a 00 ¢° Cr 0. -r 0 6 a 00 00 6 0. 00 00 00 00 6 6 6 6 6 a s a. o. a 00 00 00 PP a a 6 a 00 0' a 0 0- a 00 6 a 0 0' a 00 6 a 0 0' a. 00 00 6 6 a a 00 0- a 00 00 00 00 00 00 00 0 00 0: 0'0: 6 0: 0- 0: 0' 6 a 5 a 5 o. 0. 0. a a 62090#al9 NC FILTER SUPPLY & SERVICE 90/9Z/t' :6u!uad0 P!9 = calculated extensions different from submittal 0 V 0 z W ^D C) m m C r m m r C) m m z co m C) m 62050#QI8 A/C FILTER SUPPLY & SERVICE 90/9Z/t7 :6u!ued0 P!8 = calculated extensions different from submittal O CO CO CO Co V 0 0) Co 0 CO A CO W CO N CO CO 0 V 0 V CO V V V 0) V 01 V A V CO V-4 N O V 0 0 CO o' . e CI) C' b o N 3 CO 3 ooC 0 K 00 n O maintenance/sign Signal CMRC . T r �mA RmfR fn 0 ( 71 O 01 71 p A T e co W (Police Department - Buil FIRE - Central Station FIRE - Station 2 Meter Readers PARD Yard Site Police Department - BuilSS Police Department - Buil 9 Cnlonnatmg Building - Bt Highline Maintenance Lab - WO '0.. t CD C. 0 f0 07 Building Construction A j;'�` W A CO 0) (WO N+ 0 A N A V 0 0 0 A N N 'O ' N 3 O 0. O. � --� 3 3 0 0 0. 0' a a 3 0 a 0. 3 0 0' n 3 3 0 0 0. 0' a a 3 0 a 0. 3 0 V a 3 0 0' a 3 0 V a 3 3 3 0 0 0 0' O' 0: a a a 3 3 3 3 C 0 0 0 0. 0- 0. 0. a a n a 3 3 3 0 0 0 0' 0' 0' n a a 3 0 a 0. 3 0 3: a 3 0 0' n 3 0 Q a 3 0 0' a 3 0 0. a 3 0 V a 3 0 0. a Crfit' 0 n �, esu, n C 3 O 0.$ o. a a .{ '. 3 3 0 O 0-0-70-0-0-0-.7 a a 3 O a 3 O a 3 3 o 0 a a 3 O 3 0 0. 0. 3 O 0. a 0 O 0: a 3 0 3 o O O 0' Q V a a a 0 0 3 0 O O 0 O 0. V 0- 0: a a a a 3 0 0 0 O o 0. 0. 0. a a a 3 O 0. a 0 O O: a 3 0 0. a 0 O 6 a 3 O 0' a 0 0 0. a 3 O 0' a 0 O o- a 3 O 0. a t:t TAAA c y 1 Z D xi 3 O a 0. 3 O 0. s no bid 4,414 no bid no bid 3 0 -. a 3 3 0 0 v . aaa 3 0 q 3 0 . a 3 0 -. a 3 0 v, O. 3 3 3 0 0 0 Q 3: . a a a 3 3 3 3 0 0 0 0 Q v Q Q a O. a a 3 3 3 0 0 0 . 3: v a a a 3 0 3- a 3 0 v a 3 0 v a 3 0 3- a 3 0 3: a 0 0 q O. 3 0 -. a 3 0 -. s 3- 0 v ap IT1 = 01 N 0 CO W (O W N W A N O A A (O O N 0 W Co 0) W W 0 0 0 0 Vt O 0 0 CO CO N V W CO -4 0 W W CO A Co Co (O 01 0 0 0 A A A O O 0 A 0 A O 0 A O 0 A 03 W A O 0 A O 0 A N 0 Vt Co 01 W 0 (0 A W A W O a e N V 0 0. 0 N 0 CO A 0 V 0 CO CO COO 0 A 0 ON) W 0 0 N 0 0 0 0 0 (J --a A CO 0 ((00 0 W W.s CO CO 01 CO 0 0 OA 0 V CO N A 0 N 0 A (O 00 N CO 0 O 00) -• N 0 N O 0 N, 0 N co N A A 0W STAR 1 160.58 C .) Lx0 O) 2,815.04 1,344.00 N 0) -a O 0 0 806.401 96.00 2,302.56 CO W N 432.00 240.011) 120.001 0 0) O011 N (O 01 0 W 0 001 CCT 00 0 0 0 0. 03 0 0 W 0 49.20 872.64 96.00 588.96 A 0 O 0 CO Co 1 144.00 A O 0 01 N 0 W O 0 W 00 CO 0) 00) O . O 01 0 0 0 01 0 0 0 0 0 0 0 U1 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 CO 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vt 0 0 N` . O O O A( CO 0 0 co 0 0 0 0 0000000000000000000000000000 O 0 0 O 0 0 0 0 0 0 0 0 0 C) N 0 0 -+ 0 0 N 0 0 0 0 0 0 0 0 0 0 1) 0 0 0 0 0 0 0 0 CO 0 0 01 0 0 0 0 0 0 W 01 0 0 0 -. 0 0 IV 0 0 N 01 0 N 01 0 0 0 0 0 0 LGO' 0 O O �t N 00 0 O 0 N _a A 00 0 0 C) 0 0 0 0)0 0 0 0 120.00 2,340.00 660.00 co O O 0 240.001 120.00 600.00 240.00 120.00 240.00 600.00 600.00 60.00 1,080.00 120.00 V 0 O 0 420.00 120.00 CO 0000 0 0 0 0 (� 0 0 0 0 0 0 1 720.00 N N O O O (O 0 0000000(00(003(0(0(0(0(0(0(0(0(0(0(0(0(0(0(05 0 0 0 0 0 5 0 0 0 0 5, 50 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 C:/00 N A 0 V 0 0 A 0) A 0 0 N 0 0 01 CJ 0 0 0 0 01 0 0 0 03 0 0 0 -s co 0 0 W 01 0 0 0 0 01 0 0 a 0 0 0( 0) 03 ()1 in O) W 0 0 0 0 _. 0) O A O 0 V -. 0 0 0 0 CO Co 0 0+ A O 0 O W 0 N V A 0 A 01 V 0 A 0 V 0 A 0 II 01 O CO a 0 W U1 0 1,976.40 4,831.20 5,270.40 2,342.40 V 0 0 N O CO N (O 0 0 IV O V 0 O (0 CO 0 A W CO 0 CO 0 A -co o W 0) (0 (O 0) COCO 0 0 0 109.80 1,976.40 219.60 219.60. 439.20 1,098.00 1,098.00 (4 O 219.60 768.60 CO N 0 O x % ''7)�� j V O IRFILTER 4,062.60 3_ 0)� 330000003033 9) 9) d N N N N N N N 0300003033=30003 d d N N N N d N d N 9) 9) d N N d d N W o O O_ 0 N N N 0 CO CO 01 0 O O 01 0 0 0 V CA O 0 COO 0 CO IV 01 (31 O 0 N IV (Ti A V 0 0 -. 0 O 0 0 (T 0 -. 0 A (0 O V O V Co 0 (31 0 A A+ Co V V 0 0 0 0 A 0 0 O N 0 N .I 0 0 0 0 0 0 01 0 V O 0 CO CO 0 N 0 CO 0 A N Ut N W V 01 N W V ()1 N CO V 0] 0 0. O O V 0 V 01 N 0 O 1 0 1,026.00 rtfil 2,736.00 912.001' N N-3 W A 0 0 O O 0 V 0 O 570.00 228.00 -+ A O O 570.00 969.00 228.00 57.00 1,026.00 114.00 114.00. 228.00 570.00 570.00 114.00 684.00 -5 0 0 N Co 0) 0 0 N Co 01 0 0 N 00) 0 0 0) A 0 0 i N 0, 0 3 = W N 0 CO 0 3 11) CD 0 W 0 111 3 W 3 N 000 O N O 3 3 3 0 3 3\0` CU 0) N N co C1) 0) 3 N W N 0 N 0 (1) 3 9) 3`\ 9) 9) 55 E 121.50 27.00 324.00 432.00 03 O IV 0 W CO a N co V A 01 01 0 V a O N V O O CO 0 O N -a Cr) V A V O V a O co O 0 CO N -, j V V V CO [J 0 a a O a a a V co o 0 0 0 0 o Co A-, V W O N N O o O N O 01 01 W W 01 CT W CO V1 01 CO CO V 01 Co O O A O V 01 11 00799'51. 00'369'Z 00'446' L 00'Z9L 00'6ZL 3) P 03 O 01 V 00 9) O ba A A 01 A 0 01 O 0) N O CO O 0) Cr)0 0 N Co 9) O O O UU SUV 00'504 00'Z9L 00.1,8 00'1,8 00'6ZL 09'04 Co C Co 0 (4 0 0 0 0: 202.501 202.50 0 N to 00 0) 0 (AO CO 0 0 V 0 z W ^D C) m m C r m m r C) m m z co m C) m 62050#QI8 A/C FILTER SUPPLY & SERVICE 90/9Z/t7 :6u!ued0 P!8 = calculated extensions different from submittal DATE: June 16, 2005 SUBJECT: City Council Meeting - June 23, 2005 ITEM: *14.F.2. Consider a resolution authorizing the Mayor to execute an Agreement for Purchase of A/C Filters and Service from Star Air, Inc. Department: Engineering and Development Services Staff Person: Tom Word, Chief of Public Works Operations Justification: Proposals to provide and install air conditioner filters were requested and received in the month of April. A review committee of Pete Dominguez, Bldg. Maintenance, Joe Tieber, Police Dept., Randy Gordon, PARD, Howard Baker, Purchasing, Larry Madsen, Bldg. Construction reviewed the five proposals that were received. Star Air, Inc. was selected as the best proposal for the City. Star Air, Inc. had the best price and their references were verified and checked out and they were graded out as the number one proposal. Filters will be provided as well as installation on city buildings each month. This agreement is for five years which may be renewed for two additional periods if agreeable by both parties. Funding: Cost: $19,397.16 per year Source of funds: General Operating Budget Outside Resources: N/A Background Information: N/A Public Comment: N/A CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF A/C FILTERS AND SERVICE FROM STAR AIR, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENT: That this Agreement to provide A/C Filters and Service, (referred to herein as the "Agreement") is made and entered into on this the (23 eri gt.Limu , 2005, by and between the CITY OF ROUND ROCK, TEXAS, a home -rue municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and STAR AIR, whose offices are located at 1502 Brandi Lane, Suite A, Round Rock, Texas 78681 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase the provision of A/C Filters and Service from Vendor; and WHEREAS, City has issued its Solicitation for the provision of said services, and City has selected the Response to Solicitation 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 goods or services and Vendor is obligated to sell specified goods or services. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. 00085732/jkg 12.-05-ap-,23-11.1F2, 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 mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM 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 five (5) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the agreement, except as provided for herein above. This agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. C. City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, 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 as the. integrator of choice to supply the goods or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit "A": A. City's Solicitation designated as IFB No. 05-021 A/C Filters and Service, 2 B. Specification Number 05-910-36 C. Vendor's Response to Solicitation; 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) (2) (3) This Agreement; Bidder's Response to Solicitation; City's Solicitation, exhibits, and attachments. 4.01 ITEMS AWARDED The goods or 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 as fully a part of this Agreement as if recited herein in full. 5.01 COSTS The bid costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase in services in accordance with the Producers Price Index at http://stats.bls.gov/ppt/. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. The City reserves the sole opinion to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 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 or services received; and D. Delivery dates. 3 8.01 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 goods or 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. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without 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. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation and its Response to Solicitation. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Larry Madsen Public Works 212 Commerce Round Rock, Texas 78664 512-218-5552 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods or 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 goods or service and that it may not be considered in future bids for the same type goods or service unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement ifit does any of the following: A. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; B. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION 5 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) day's 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, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. 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 the 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) day's after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement 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. 18.01 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's agents, employees or subcontractors, in the performance of Vendor's 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. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each 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. 6 21.01 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 recipient's address as stated in this Agreement. Notice to Vendor: Star Air, Inc. 1502 Brandi Lane, Suite A Round Rock, TX 78681 Notice to City: David Kautz Assistant City Manager and Chief Financial Officer 221 East Main Street Round Rock, TX 78664 AND TO: Stephan 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. 22.01 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 orall of the terms or conditions herein, exclusive venue Tor it 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. 23.01 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. 7 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim may be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. 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. 25.01 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 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 to this Agreement, be determined void. 26.01 MISCELLANEOUS PROVISIONS A. 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. B. 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's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. 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 8 impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. 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. IN WITNESS THEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF R By P ►game: N ycz maxwe-,u, Title: ri) yoR- Date Signed: CD _a -65 STAR AIR, INC. By: ✓ Printed Name: ' kfyid 74/ 47A Title: ' —,,� Date Signed: $ 2 $'-0 5 - AT EST: f Christine R. Martinez, City Secretary k.J-nitt APPR t ED AS Stephan . Sheets, City Attorney 9 EXHIBIT "A" 10 INVITATION FOR BID (IFB) CIT JF ROUND ROCK PURCHASING OFFIC,. 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: Various City owned facilities as per the attached specification # 05-910-36, dated APRIL 2005. FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. BIDDING INFORMATION: AC FILTER SUPPLY AND SERVICE BID NUMBER 05-021 OPENING DATE: 4/19/2005 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers Round Rock, Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID BIDDER SHALL SIGN BELOW Failure to sign bi.�I disqualify bid Authorized Sig re '_ancly I aN 1 o r Print Name Date SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: aO- OCigiEt& LEGAL BUSINESSNAME: AC(, 1 1-Ne ADDRESS: i 5O. • I e. i. t • c -Lit y. ADDRESS: R un� TO CIC '1) -7 , Lo $1 , CONTACT: JeSSic_6- ickktor\ TELEPHONE NO.: 6 f a • 55- gig 5 BUSINESS ENTITY TYPE: CO(' POT -p -ice "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., .Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly; the bid made to any competitor or any other person engaged in such line of business." This is to establish a twelve (12) month contract for the supply and/or replacement of air conditioning filters in the various City owned facilities identified in the attached specification #05-910-36. This contract may be renewed for four (4) additional periods of time not to exceed twelve (12) months for each renewal provided both parties agree per specification No. 05-910-36, dated APRIL 05. ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. All items listed on the following page are in accordance with Specification No. 05-910-36, dated APRIL 2005. REFERENCES Project Name/Date Field Type Owner/Phone/Contact 1 (1�o -Current FOYSCrvice Compaq, Ir1G uppty - 5ervicc errs Ctl(le )2n )rn(50 1./g-oo81 2 EYPS pAct. bq-Q(r-ems{-• 5u9Q11 4 se(vice .►k(3 S4 u DVfe(a1t,29j 3 oc 15r )ixof otic larfn+ Sup p ct u 5 -Kr- ?kW -L. CSD - )0(12(12- 053 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE BID RESPONSE SHALL AUTOMATICALLY DISQUALIFY THE BID FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS SOLICITATION Page 1 of 4 TOTAL PROPOSED ANNUAL COST UPTION 1 - A/C FILTER SUPPLY' � sa u..Sw.` ..k k � �.,4n�4$� s°A,.Fi,.,�,: �• � y. �t�o<, �`4`'°' � s��� � � � 1 12x24x1 2 24 $ . a(a $ . $ 5(1,aLl 2 12x24x2 8 96 $a.LI► $ 1q.ag $Q31, 31e 3 13x21x1 1 12 $ Li." $ t/,n $ L'00 y 4 14x16x1 1 12 $ ,a6 v 3 $ a-6 $ 3i• al 5 14x20x1 1 12 $a,a6 $a•a5 $ ar7,01) 6 14x25x 1 1 12 $g. i) I $'a,3'7 $ a3,1-111 7 14 x 25 x 2 2 24 $ 3f°1) ' $ It' $ '7a •M 8 15x20x2 8 96 $(, .t1 $ oc1,310 $95(.3a 9 16x20x1 9 108 $o(.oq $ 11i.$1 $ Q,aa 10 16x20x2 20 240 $ aa.30 $ 2J(,01) $ 11 16x20 x4 67 804 $4.n $a(og," ,CD $3 11 pD 12 16x22x2 8 96 $ �I rO $3a,6U -e $38401, 38 13 16x24x2 8'1 96 $ a• �� $ Zra3y ,p $ a�ce . 1-1� 14 16x25x1 14 168 $a`.40 $,V), (PO $ 03,000 15 16x25 x2 20 240 $a,&0 $5D.0) $ La)14,w 16 18x24x2 16 192 $ a•tC115 $ 47,ao $56(0,1.1° 17 18 x 30 x 1 1 12 $ q , d� 5 $ Li 115 $ 5)," 18 20x20x1 111 1,332 $ a•)1) $ DU -1,5i $3)o. is 19 20x20x2 10 120 $a•(QQ $ aato.°° $ 31V ev 20 20 x 20 x4 6 72 $ 5, a'a $3),3a $ ?�r15�8 t1 21 20x24x1 5 60 $3.io $ (6,50 $ (go,crb 22 20x24x2 6 72 $303 $ ten $ a.t8,)ta 23 20 x25 x 1 9 108 $ rat 19 $ a5. 11 $301, S 24 20x25x2 3 36 $ q $ $ , -i1 $ ) D' 421-14 25 20x30x2 3 36 is, $ ,Lj $ I3•0 , $)(.2), ao 26 20x36x1 1 12 $6.110 $5,40 $ 11,O 27 20x44x1 7 84 $ )2 •l0 $ y .So $5,37(00 28 22x22x1 5 60 $ '1 $ ilttio $aa,,CD sauvirD 29 24x 24 x 1 8 96 $),,C1 ( $9.0,a?* $ ri ci. 3te 30 24x24x2 18 216 $ 3.44 $ LEI ,ga $1431 VI Page 2 of 4 $ )3,�i4•5 • OPTION A/C FILTER REPLACEMEN'- SERVICE 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 City Hall Public Works - Building A Building Construction TA & UA WLM/Street Vehicle Maintenance Utility Support Water Plant - Building A New Plant - Building B Chlorinating Building - Building C Highline Maintenance Lab Meter Readers PARD Yard Site Police Department - Building A Police Department - Building B Police Department - Building C FIRE - Central Station FIRE - Station 2 FIRE - Station 3 FIRE - Station 4 FIRE - Station 5 FIRE - Station 6 Maintenance/Sign Signals CMRC McConico Senior Center Library Senior Activity Center 221 East Main Street 2008 Enterprise 2008 Enterprise 212 Commerce 910 Luther Peterson 901 Luther Peterson 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 300 S. Burnet 615 Palm Valley 615 Palm Valley 615 Palm Valley 203 Commerce 201 Florence 1901 Rawhide 3300 Gattis School Road 350 Deepwood 2919 Joe DiMaggio Blvd. 2015 Lamar Drive 1600 Gattis School Road 301 W. Bagdad 205 E. Main Street 216 E. Main Street 301 W. Bagdad - Bldg. 2 37 12 5 5 5 3 2 7 12 1 18 2 2 4 10 10 10 17 4 2 4 10 11 2 39 16 18 44 48 $ (1)D $ 1,a5 ), 95 $1,50 $ i ,5D $ 1,5a $1,50 $1,60 $1,a5 $ 1�5a $1,`)‘5 $ 1,50 $1,60 $1,5o $1,25 $1,25 $ 1'a5 $ Lig?, LJ n $ igo,tr.° $ '75, (71? $ go,b-o $ Q.50 $ a ,5(;) $a�5o $1, D5 $ as $ 1,50 $1flo $ as $1,/o 60 McConico 301 W. Bagdad 64 $1.95 $D RD $3.o,rro TOTAL PROPOSED ANNUAL CHARGE $ 5(03, ab Page 3 of 4 OPTION 3 - Ali, I-ILTER SUPPLY & REPLACL LENT SERVICE 31 City Hall 32 33 34 Public Works - Building A Building Construction TA&UA 221 East Main Street 2008 Enterprise 2008 Enterprise 212 Commerce 37 12 5 5 $ L1.311 $3,tact $ 1100 ,`j$ $ ao $ al, 0 35 WLM/Street 910 Luther Peterson 5 $ 14 0"'b e $a6,6-1) 36 37 38 39 40 41 42 43 Vehicle Maintenance Utility Support Water Plant - Building A New Plant - Building B Chlorinating Building - Building C Highline Maintenance Lab Meter Readers 901 Luther Peterson 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. 11135 3 2 7 12 1 18 2 2 $ rD $24.o5 $ $ S, $4),10 $LJ°D $21,50 $ 44 PARD Yard Site 300 S. Burnet 4 $ 3,9) 45 Police Department - Building A 615 Palm Valley 10 $ 38o $ 15(QtJ $ 46 47 Police Department - Building B Police Department - Building C 615 Palm Valley 615 Palm Valley 10 10 $ 3.Sf0 $ 3, Ss o $3" , 48 FIRE - Central Station 203 Commerce 17 $3.7l 49 50 FIRE - Station 2 FIRE - Station 3 201 Florence 1901 Rawhide 4 2 $ 5.R5 $ 5.c" $ Loll, 041 $10, 6° 51 52 53 54 FIRE - Station 4 FIRE - Station 5 FIRE - Station 6 Maintenance/Sign Signals 3300 Gattis School Road 350 Deepwood 2919 Joe DiMaggio Blvd. 2015 Lamar Drive 4 10 11 2 $5� $3.too $3(0,`r° $ �• 55 CMRC 1600 Gattis School Road 39 $ (9t.Ssg 56 57 McConico Senior Center 301 W. Bagdad 205 E. Main Street 16 18 $3.33 58 Library 216 E. Main Street 44 59 Senior Activity Center 301 W. Bagdad - Bldg. 2 48 $3.92 1-1,51-1 $ toy, acs $559L/ $ 1-7).qg' $ is atQ , q(e $ 53 (, 3LQ $339• $ a5; $ ago,°t' $ 1 qL, 0D $ /03,92 $585, 9c $L/9.a0 $ -7a, tag $91D o-0 $ $ 187. (or $ L151,?.60 $ y5(0. 0-0 $ �51P o u $ a5a $ 'cm $ ago.a° $43),°" $Lg3,1 $ $2300, 54, $ goup /o $ 719, a g- $ 20X09, Re $a(Qt6. 0 60 McConico 301 W. Bagdad 64 $526 $33 to °." $1:3114 0-' TOTAL PROPOSED ANNUAL CHARGE $ 19,3q -1,)(e Page 4 of 4 IFB No. 05-021 INVITATION FOR BID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK, TEXAS Addendum No. 1 Date of Addendum: April 8, 2005 The Above Invitation For Bid (IFB) has been changed to include the following: 1. Extension of Bid Opening date to Tuesday, April 26, 2005. IFB, Page 1 of 4 2. Revision of Pre -Bid Conference date and time to Tuesday, April 19, 2005 at 9:30 am. Specification # 05-910-36, Page 8 of 10 All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced Invitation For Bid. ACKNOWLEDGED Star ACr, j he. Vendor 4ro.L ui t a(- aS Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE GROUNDS FOR REJECTION OF YOUR BID. NOTICE TO BIDDERS Sealed bids .addressed to the Purchasing Division, City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664-5299, for "A/C FILTER SUPPLY AND SERVICE" will be received until 3:00 p.m. April 19, 2005 then publicly opened and read at the same address. Bids shall be submitted on City of Round Rock bid form. Bid form and specifications may be obtained from the Purchasing Office at the above address. Ad was submitted and quoted to Randy Barker on 4/1 with correct scheduled dates. An error occurred at the Round Rock Leader and it was replaced with another ad order also from the Purchasing Department under City of Round Rock. This ad did not run the two dates 4/5 and 4/12 It is rescheduled to run 4/12 and 4/19 with the date in the ad changed to 4/26 as attached. Thank you, Stephanie Allison Classified Line Ads STAR AIR, INC. 1502 Brandi Lane, Suite A Round Rock, Texas 78681 Ph (512) 255-8995 Fax (512) 255-8127 Professional References: Randy Read - Risco Supply 410 Oakcrest Drive Cedar Park, Texas 78613 (512) 257-1477 Steve Domel - Texas Department of Public Safety 5805 N. Lamar Blvd Austin, Texas 78752 (512) 424-2169 Clyde Jennings - Fox Service Company P.O. Box 19047 Austin, Texas 78760 (512)248-0287 —ACORD, CERTIFICATE IF LIABILITY INSURANCE tM:7E �, �- 04!25/2005 'RooueER Insurance Store THIS CERTIFICATE 18 ISS AS A MATTER OF INFORMATION Tiw ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 514 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Belton TX 76513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSUReD Star Air. Inc. P. 0. Box 431 Salado TX 76571 NBURER A: Ohio Casualty Insurance Co. INSURER R INSURER C. INSURER 0 JNSURER�• Teas Atnorican Cortes! Agency THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED. NOTWITHSTANDNWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WENCH 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. p�POLICIES. 1/ iR TYPE OF INSURANCE POLICY NUMBER pgal„agrECTIY PO�ON UMITa A GENERALUAaILRY COMMERCIAL. GENERAL LIABILITY BH053077511 04/11/2005 04/11/2006 EACH OCCURRENCE $ 1,000,000 X FIRE °AAIAGE OF/ nee TIM S 100.0 S 10,000 S 1.000,000 1 CLAIMS MADE C OCCUR MED ENP (Any one +eer:eel PERS01(AAa ADV INJURY GENERAL AGGREGATE 8 1,000,000 Ge.n. AGGREGATE LIMBAPPL 8 PER: 1 POLK.'Y IT Pftg 11 LOC PRODUCTS. COMPOPAG8 8 1.000,000 A AUTOMOBILE LIAIMUTY ANY MOO ALL OWNED AUTOS SeNEDULEOALIras BA053077511 04/1I/2005 04/11/2006 cCMBNED SNGLE LIMB [Ea McIderp s 1000000 BOOILY INJURY (Per Person) S X HIRED AUTOS NON-0WNED AUTOS Bo0LY INJURY IPs .ldsn) S �. PROPERTY DAMAGE (Per lwerierRJ S GARAGE LIABLLRY ANY AUTO AUTO ONLY . EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY OCCUR C CLAIMS MADE DEDUCTIBLE RETENfON ; EACH OCCURRENCE S AGGREGATE S S S E 1pOT8(E+ISCwEFEN3ATIGNANC EMPLOYERS' UAU L17r WC9365512 09/24/2004 09/24/2005 WC yawII i EL, EACH ACCIDENT S 100,000 S 100,000 EL. DISEASE- EA EMPLOYEE EL DISEASE -POUCYUMB S 500.000 OTHER DESCRIPTION OFCPERANON50.0CAT O$8JVEHICLE3fEXCLUEIONE AOOED SY ENDDRSEMENTI$PECIAL PROVISIONS Certificate holder is shown as additional 'insured on general liability. CERTIFICATE HOLDER City o1'Round Rook ATIn Randy Barker 221 E. Man St Round Rock SNOW) AMT OFTHEAROVE OBSCRISED POLICIES BE CANCELLED BEFORE THE EKPIRATION CATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIROATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO OO SO SHAD. NOOSE NO O8UONTKIN OR Maur( OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESUNNATIVE3, TX 78664-5299 A()TNORETED REPRESENTATIVE ACORD 26S (7197] MB ACORD CORPORATION 1988 SPECIFICATION NO. 05-910-36 APRIL 2005 CITY OF ROUND ROCK A/C FILTERS AND SERVICE PART 1 1. PURPOSE: The City seeks to contract with a qualified bidder to supply and/or replace air conditioning filters in various buildings within the City of Round Rock, Texas. Location and quantity are identified on the Invitation For Bid (IFB). The City may consider the following options, whichever is the Best Value to the City: (Option 1) NC Filter Supply (Option 2) NC Filter Replacement (Option 3) NC Filter Supply and Replacement 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City— Identifies the City of Round Rock, Travis and Williamson Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Telephone: 512-218-3295 rbarker@round-rock.tx.us 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 bid opening without written approval of the City of Round Rock through the Purchasing Agent. Page 1 of 10 PART II GENERAL TERMS AND CONDITIONS 1. Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The 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. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. AGREEMENT: The Agreement resulting from this specification shall be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 6. SCOPE OF SERVICES: The facilities listed are a complete compilation of the City's facilities at the time of this solicitation. Initial requirements of service may be reduced by the City's desire to implement service to individual facilities incrementally. 6.1. The City reserves the right to delete any portion of this contract at any time without cause. If such right is exercised, the total fee shall be reduced by the amount established for that service. If work has already been accomplished on the portion of the contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the percentage of completion. 6.2. The City may require the addition of services from the Contractor as the requirements of the City change. This may entail additional facility areas and/or additional services required at contracted facilities. The Contractor shall provide the City with a cost for these additional facilities or services based upon the cost structure utilized in establishing the cost for the areas that were initially contracted. 7. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in product or commodity in accordance with the Producers Price Index. Any price increase shall be requested by the Contractor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. Page 2of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 8. NON -APPROPRIATION: The resulting contract is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the contract 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 contractor a written notice of termination at the end of its then current fiscal year 9.. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the endof each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. 10. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 13. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 14. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 15.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. Page 3 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 15.2. The following standard insurance policies shall be required: 15.2.1. General Liability Policy 15.2.2. Automobile Liability Policy 15.2.3. Worker's Compensation Policy 15.3. The following general requirements are applicable to all policies: 15.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 15.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 15.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 15.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 15.3.5. Policies shall include, but not limited to, the following minimum limits: 15.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 15.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 15.3.8. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 15.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 15.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 15.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 15.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 15.5.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 15.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 15.5.4. Remove all language on the certificate of insurance indicating: Page 4 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 15.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 15.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 15.5.5. Provide for notice to the City at the addresses listed below by registered mail: 15.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other Toss to the extent same may be covered by the proceeds of insurance. 15.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 15.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.5.10.A1i notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 15.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 15.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 16. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER. Persons providing services on the proiect ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. Page 5 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The CONTRACTOR shall provide coverage, based on .proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; Page 6 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. THE CONTRACTOR'S FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS IS A BREACH OF CONTRACT BY THE CONTRACTOR THAT ENTITLES THE OWNER TO DECLARE THE CONTRACT VOID IF THE CONTRACTOR DOES NOT REMEDY THE BREACH WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF NOTICE OF BREACH FROM THE OWNER. 17. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County, Texas. 19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART III SPECIFICATIONS Page 7 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 1. SCOPE: This specification describes a service to supply and/or replace air conditioner filters once a month for each location listed in accordance with the minimum requirements herein. Bidders may submit for either service or both. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the supply and/or replacement of air conditioner filters on a monthly basis. Bidders shall meet or exceed all of the requirements as set forth herein. 3. PRE-BID: Pre-bid conference will be conducted Monday, April 11, 2005 at 1:30 p.m., 221 East Main Street, City Council Chambers in Round Rock, Texas. 3.1 A Facilities Maintenance Coordinator will conduct a site inspection tour immediately following the pre-bid conferences on April 11, 2005. 3.2 Bidders are required to provide their own transportation for the site inspection tour. 3.3 Bidders shall sign -in at the site inspection to become aware of all conditions affecting performance and bid prices. 4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 4.1 References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidder has preformed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. Failure to include references with submittal shall result in disqualification from consideration for award. 4.2 Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 5. SUPPLY RESPONSIBILITIES: The successful bidder shall supply air conditioner filters monthly as per the requirements listed in Attachment A. 6. SERVICE RESPONSIBILITIES: The successful bidder shall change out air conditioner filters once a month at each location listed as per Attachment B. 6.1 Air conditioner filters will be provided by the city and shall be picked up at the Building Maintenance Warehouse at 2015 Lamar, Round Rock, Texas. 6.2 If the installer sees or encounters any air conditioner problems, they shall immediately contact the Building Maintenance Supervisor, Pete Dominguez, at (512) 341-3144 and report the problem. 6.3 The total length of time between air filter replacement per individual locations shall not exceed five (5) weeks. Page 8 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 6.4 If the installer finds the need to change out certain filters more than once a month, they shall notify the building maintenance supervisor to discuss and review that particular system. 7. DEFECTIVE WORK AND DAMAGES: The successful bidder shall be responsible for damage to the City's equipment and/or the work place and its contents, by its work, negligence in work, its personnel and equipment. 7.1 The City may, at its sole option, require the successful bidder to correct any and all defective work or damages and the successful bidder shall correct it within forty-eight (48) hours of notification. 7.2 If the successful bidder fails to make said corrections within this time frame, the City may withhold from payments due or to become due an amount to correct said defective work or damages. 8. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. 9. LABOR AND EQUIPMENT: The successful bidder shall provide all labor and equipment necessary to perform this service. 9.1 All employees of the successful bidder shall be no less than eighteen (18) years of age, and shall be experienced in the type of work to be performed. 9.2 No visitors, wives, husbands, relatives, or children of the successful bidder's employees shall be allowed in the workplace during the working hours specified herein, unless they are bona fide employees of the successful bidder. 9.3 Any breach of this requirement may be grounds for immediate termination of the contract. 10. SUPERVISION: The successful bidder shall, at all times, have a representative who is authorized to receive and executive directives; on behalf of the successful bidder, from the City's authorized representative. 11. SECURITY: The successful bidder shall at all times assure that the City's property is secure and protected and that access to the buildings is denied to all persons. Additionally, no person shall be allowed in the building that is not covered by the successful bidders insurance and bond. 12. BACKGROUND CHECKS: 12.1 The successful bidder agrees to conduct background checks on all employees that will be assigned to perform duties on City property and furnish said findings to the City prior to commencement of work. 12.2 In an effort to provide the safest possible environment for City employees and enhance the security of physical resources, the City reserves the right to independently conduct criminal background checks on applicable employees of successful bidder. 12.3 The City of Round Rock reserves the right to act as sole interpreter and authority relative to results of background checks. 12.4. Negative or less than desirable findings of said background check shall disqualify employees from duties required by this contract. 12.5 Failure to remove or replace disqualified employees immediately after identification shall be grounds for termination of this contract by the City without prior notice. Page 9 of 10 SPECIFICATION NO. 05-910-36 FEBRUARY 2005 12.6 This action shall be consistent with the requirements of the law and prudent practices, and shall conform to the requirements of Texas Government Code 559.003, as it may be amended from time to time 13. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and verified by the designee noted below. Pete Dominguez Building Maintenance Supervisor City of Round Rock (512) 341-3144 PART IV ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor shall be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives 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 Contractor 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: 4.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3 There is a bona fide dispute between the Contractor 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 4.4 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. 5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 10 of 10 ATTACHMENT A: Monthly Filter Replacement Sizes and Quantities Size Monthly Annual 12x24x1 2 24 12x24x2 8 96 13x21 x 1 1 12 14x16x1 1 12 14x20x1 1 12 14x25x 1 1 12 14x25x2 2 24 15x20x2 8 96 16x20x1 9 108 16x20x2 20 240 16x20x4 67 804 16x22x2 8 96 16x24x2 8 96 16x25x1 14 168 16x25x2 20 240 18x24x2 16 192 18x30x1 1 12 20x20x 1 111 1332 20x20x2 10 120 20x20x4 6 72 20x24x 1 5 60 20x24x2 6 72 20x25x 1 9 108 20x25x2 3 36 20x30x2 3 36 20x36x1 1 12 20x44x1 7 84 22x22x1 5 60 24x24x 1 8 96 24x24x2 18 216 ATTACHMENT B: Monthly Filter Replacement Building City Hall Public Works — Building A Building Construction TA & UA WLM/Street Vehicle Maintenance Utility Support Water Plant — Building A New Plant — Building B Chlorinating Building - Building C Highline Maintenance Lab Meter Readers PARD Yard Site Police Department — Building A Police Department — Building B Police Department — Building C FIRE - Central Station FIRE - Station 2 FIRE— Station 3 FIRE — Station 4 FIRE — Station 5 FIRE — Station 6 Maintenance/Sign Signals CMRC McConico McConico Senior Center Library Senior Activity Center Address 221 East Main Street 2008 Enterprise 2008 Enterprise 212 Commerce 910 Luther Peterson Place 901 Luther Peterson Place 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 5200 N. IH 35 300 S. Burnet 615 Palm Valley 615 Palm Valley 615 Palm Valley 203 Commerce 201 Florence 1901 Rawhide 3300 Gattis School Road 350 Deepwood Boulevard 2015 Lamar Drive 1600 Gattis School Road 301 W. Bagdad 301 W. Bagdad 205 E. Main St. 216 E. Main St. 301 W. Bagdad Bldg 2 # Filters (monthly) 37 12 5 5 5 3 2 7 12 1 18 2 2 4 10 10 10 17 4 2 4 10 11 2 39 16 64 *every 3 months 18 44 48 v v `o m 52)1 r m - 0 0 0 o m co 3. o co O CD (D N Evaluation Team Members: Evaluation Facilitation: m N N 0- 3 3 rt 5 (D W 0 3 0 0 0 0 0 0 ^W 0 0 0 10 J_^ VI V/ 0 0 0 D 0 0 S N 3 4- 0 0 0) cr 0 rt 0) T0, ^` W CA 0 0 0 4 0 3 W 0 Cr W 0 0 0 4T« 0 0' 0 0 T? (D 0 0 0 O 3 Evaluation Scoresheet - OPTION 3 620-50 # P!8 3OI/\2:13S aNv S2i811Id O/V AFS #2 1Air Tech Double A Airfilters AFS #1 Dustless Air Filters Star Air VENDOR 50 I 15 p A , IFIE pA�3pp� tg 3�N E 0���I� i3g 1 3Y y zfr p A r ryPJ f� 01 �� W011 00.1 000 pis 1 :E Y p ro p ?A�e bf 23.16 7.50 44.69 I 7.50 42.39 10.00 50.00 12.50 PRICE REPUTATION �A 6 g 9 i� pl 35.00 35.00 /1 V CD 35.00 QUALITY OF GOODS/SERVICES & MEETS CITY NEEDS 100 Y4 �q5• 1 lg €� �6 f33 01 0) _1 V CO -.1 (0 97.50 TOTAL Evaluation Scoresheet - OPTION 3 620-50 # P!8 3OI/\2:13S aNv S2i811Id O/V 0 0 a N 0) O O 0 S3 Si r 0 b,' 8 LNi N 8, O 8 0 V W N A W N+ O O 0 J W N A W N 24x24x2 22 x 22 xt 24 x 24 x1 20 x 36 x1 20x44 x1 20 x24 x2 20 x 25x1 20 x 25 x2 20x30x2 20 x 20 x4 20x24x1 20 x 20x1 20 x 20 x2 18x24 x2 18x30x1 0 W 8 8 03-310100)10 W 0 % 8 2 X W W X % 8 8 15 x 20 x2 16 x 20 x1 A A X 0 8 N+ 12 x 24 x2 13x21 x1 14 x 16 x1 14 x 20 x1 VENDO 1a 12 x 24 x1 W 0 N V+ W 0) 10 0 01 0 0 + 0 O A 0 0] J 88 t0 W N++ .+ + W m 001 O A N OWI 8 m N O N 0 N N N 0 8 0 A O W 0 8 N N N N Si 0 O A A N N 0 A Oct O O A A A O N 0 m A N O W W N N 0 A 8 0 W W N N W 0 N N P A O Si,' IT A OOi Ao A 4-‘,0°. m 2 8 8, 8 A SiW 0 8818888 N 0 2 + W -+ p N fO 8888888,88-8.888•8888888 0 A 0 A 0 N t0 A 0 80 J N ,0 0 O 0 N N 0 N (l� [O A W 0 W W W 88 STIN AIR TECH wiiiComistoton 9.04 108.48 m 8 N J + N O co 10 J N O> 8 0 W 0 f0 N OA1 0 0 P OI N 1011 A O O Ut V 0 O Co O A N 8 0 0 N pp1 A A O+ 0 8 0 N 0 N O A N J J O O A A 0 N m O 0 A 0 a N 0 N 0 A mN O O O> W A N A O 0 0 O O A N N W W 0 IO 8 W CD O N N N O+ A N 8,88.--888888888.88 N N N A A N N N 01 N N W A N 0 N N W N 8 0 AA U1 0 0 + N W ,0 V1 W A J 0 -+ W 0+ .88888.8888888.288-2188,28 N V O7 A A J 01 co'''N N iv"' N A :41 W W i W N N 0 A tO STAR AIR 4.52 54.24 W A V> !O Si 8 0 A+J J O O O N 00 8 88088,88080k888N88A V1NO-`2 0+ VPmm .it 0 �A J WA WW[00J0m i N N N N W 8 8 8 0 !O W N W 0 0 0 V N 0 0 N N N V W m A N A 9 ta N N N m A N O Si N N 0+ N W 0 A W N 0 CO N N 0 A N N m Co N W 0 N A 0 01 0 ON P 8884"88868881818:888°28888288-882 -D N 1 0 A V + N++ 0 0 W VP N A N W 0 O A A0 A W JP 0 N J a A++ J A 0 50 0 N N W 0 0 LESS AIR FILTER ?MR 64 6114ate. o0 4.06 48 72 OJ 00 8 N NN 0 8 A 8 J0NJ+ONONJ 0 8 0+ + 0N N W 0 m W NN O A N O J O 8 0 0 0 0 0 V 0 W N 8 0 8 A N a 0 NOPA 0 0 N M 0 8 0 J m 8 N 03 O+ WC 00 W O P 0 W 10 0 0 J N + [O J W m J O 0 0 0 J N N J C0 A 0 0 0 N A A 2 A O 0 IJ J W 0 A A J A 0+ J O+ 0 0 0 A 30 W N A A N fV 0 A N 0 V+ A V J A 41 V1 f0 t0 ta A 0 N N A 0 8 O] 0 0 J+ 8 8+ N J N 0 AO A N 8 8 0 0 0 N O+i 8 8 0 0 0 N 8 + O P + N 8888'"8588882"".2.28 0 0 8 m AA 0 0 0 O A A V J N + 3LE A All 4 8.88 80 A :8882,8080.8.82888...80,...„... W O a> N O OJi 0 0 0 0 O m OJi 8 O N 0 0 N 0 0 N 0+ A A 2 2 8 N 00 m P W 0 0 O [O A N N N N 0 N N 0 N N N N W 888888888888'88888888888888888 A N N N N 0 N A A N 8T 8>58688888888888888868886 8 2 8.0 e QF J 0+ 0 N A J 0 A+ 8 8 0 N 8 0 Si A N 8 -V :rye A A 0 88 =S (Option #1) 4.00 48.00 [ 0 0 88888 80 0 �J O 0 + �ti N++ q (O 0 0 Npl, 0 8 W A N 8 W 0 W 0 8 8 N N 0 41 0 0 O 0 01 O N N 0 8 8 P 6' NN 0 O O .t,."" 0 0 O S W A' J N S O N 0 0 O O 1� 0 J O 8dW q + 10 A 0 O O 0 f00 W mN S N N V+ 4-p0,0, W 0 O . 0 N (NJ P A O N 0 0 8 A 0 A° U 50 m 9 0 W N 8 0i A 8. N A A N N 0 A A 8 0 W CNi1 N 'n,' A 0 0 Si O> 0+ 0+ J -._...."...8 0 CO W 0 b' O (p O 8 pp 0 O W 408,,,,....8„,„‘„,i W 0 A 8 A pp11 A A A A O O N N N> m A N 0 A 4- A 8 0 7.60 C 8682 NO + A 0 V N' It + 0 N+ ': f�Jry N+ 0 .718888888 8888888888882 N N OOI O 001 N N m W coP W N 6 N N V V W V8N AA N+� O W+ � N, pO011 0� 0 8 N 0 N (0j A N0 8 8 0 0 Z 0 ♦I m C C r r I2O-90 # 018 NC FILTER SUPPLY & SERVICE 40/9Z/V :61muad0 p!8 iepiwgns wmt tualapip s 0 a J O O n CD o CO J CO 3311 A CO N -a O CO CO V OAt (AT AA W N-, 0 CO CO J m CWT A W N LO VENDOR AUSTIN AIR TECH a`� s - f 4040� 1 `` -Arty a * t&it McConico Senior Activity Center 000014Z 01'0, I- 6 , t z 1 Senior Center McConico CMRC Maintenance/Sign Signal 11 0 M CO IST 0 CD 'FIRE - Station 5 FIRE - Station 4 FIRE - Station 3 FIRE - Station 2 FIRE - Central Station Police Department - Built Police Department - Buil Police Department - Buil( PARD Yard Site Meter Readers N 0- Highline Maintenance Chlorinating Building - Br New Plant - Building B Water Plant - Building A Utility Support Vehicle Maintenance WLM/Street TA & UA Building Construction Public Works - Building 4 City Hall A[[C W A COW T CO N p A N A V OOOA -3. N N 0-a N_, V N CO 01 CT 01 N J J0 6 0. i°.. Fad 0 6 a 0 0 0; 0. 0 0 0; E 0 0 6 a O 0 6 a J 0 Cr E. J 0 O; J 0 6 o: O 0 6 aaa O 0 Cr J 0 0; J 0 6 o: J 0 6 aaa O 0 6 3 0 0_ J 0 O; 0. J 0 O; a O 0 6 aaa O 0 6 0 0 6 0 0 0: 0. 0 0 6 a 0 0 6 s 0 0 0' a 0 0 O; a 0 0 6 a 0 0 6 a 0 0 6 D: 0 0 0: a 0"{ 0 6 C.5:. +a1+ € J 0 6 a 0 0 6 a J 0 C: a J 0 0; 0. J 0 6 a 00=0=00000000000 0 6 a 0 6 a 0 0 a 0 0; a 0 6 a 0 6 a 0 6 a 0 0 a 0 6 a 0 6 a 0 0 a 0 0: O. 0 0; a 0 0 a 0 Cr a 0 0 a J 0 6 a 0 0 0; a J 0 6 a 0 0 0 a 0 0 0' a 0 0 0 a 0 0 6 a J 0 0; 0. 0 Crs' 0. Mcg i +-, & 0000 0 n 6 a 6 d 6 a p!q ou 00 Q a 6 s PIQ °U_ 000 6 a O; a 6 a P!q ou 1 0 6 0: Plq ou 0 0 a 1 no bid 000000 6 a 6 O. 6 a 0; a 0: a 6 a no bid 0 6 O. no bid 1 0000 770'7 a s 0. 0. N 01 81 -a B Ea O -a O .J O 10 01 ' O 01 O N 01 N 01 (1 0 (T 0 01 0 N 01 N CT N 01 IV 01 T 0 01 0 CT 0 N 01 01 0 IJ 01 (11 O N O N O (T O (T O I 0 01 10 01 O 0 D ~ D CO31 O o 01 N r ��y, 0 A 04 0 CO 0 N O 0 A N 0 CO 0 -a CO 01 N 0 O 0 (T 0 _, O 0 01 N 0 N 0 N 0 W 0 W 0 CO 0 N N-4 0 0 CT 0 0 0 CO 0 A 0 V 0 V 0 O 01 -+ N 0 A O 0 931 4, N O O'' CO CO O1 Aa O 580.80 237.60 240.00 514.80 36.00 165.00 150.00 N O 0 O O O 0 O _,_._,I N O 0 O 255.00 150.00 01 O bb O 01 O O 72.00 W O O O 36.001 270.001 CO 0 0 CO O 0 0 N C» 0 0 CO O 0 0 01 A 0 0 CO 0 0 0 CO 0 0 0 75.001 W O b:1).1 O CO W O 11.. pp� wmp 10 0 I o-0 N �(p. � 0 N 0 N 0 N 0 N 0 N 0 10 0 N 0 N 01 10 0 N 0 N 0 N 0 N 01 N 0 N 0 N 01 N 0 IV 01 N 0 N 01 N 0 N 0 N 0 N 0 N 0 N 0 N 0 IV 0 DUSTLESS AIR FILTERS O O I fi , C1 O 31 ?k 0 _ O 0 .(AT 0 O 0 CO 0 CT 0 J 0 (NT 0 O 0 CT 0 O 0 N 0 .CNT 0 (.NT 0 CCN11 0 O 0 CT 0 (T 0 .(AT 0 N 0 00 0 V 0 N 0 V 0 N 0 N 0 N 0 CO 0 CO 0 640.00 PPn a 9 aaa A A 0 p-°- bb O W N 0 O 540.00 480.00 V O O O O O O O 1 330.00 W 0 0 b O 1 120.00 @ 0 boob 0 10 O 0 (T O 0 W 0 0 0 300.00 300.00 120.00 CT O o O W O O O 540.001 W 0 O O 360.001 � 0 boob O CT 0 O CO 0 O N 0 O 150.001 -' (n 0 O 0 (J 01 0 O 0 -` -a 0 O 0 (T O O Cn O 111-1, O CT 0 O 01 0 O 01 0 O N 0 O 01 0 O 0 b O 01 0 O (T 0 O 01 0 O 01 0 O 01 0 O CT O CI1 0 O (T 0 O (T 0 O N 0 O 01 Ob O (T O CT 0 O CT 0 O 01 0 O (T 0 O 01 0 O N 0 O N 0 O 01 0 O (T 0 O (T 0 O DOUBLE A AIRFILTER WAWA wm07,a, kik-0g' la 10 O O O 13 E [.�i!x. A 30000C1100100000100000000100100101C11010 ,� �> o O 10 0 0 CO 0 0 CO 0 0 CO 0 0 -a 0 0 CT 0 0 CI1 0 0 N 0 0 0 0 N 0 0 CO 0 0 01 0 0 CT 0 0 CT 0 0 N 0 0 0 0 0 0 (D b 0 0 0 CD 0 0 W 0 0 -+ o 0 -a O 0 Na o 0 N b 0 N 0 0 O b 0 W N b 0 70 CO O O 2,880.00 0.00021110 wellowa 1 2,640.00 1 1,080.00 CO m 0 O O 1 2,340.00 1 120.00 0) m 0 bb O O 0 0 O 1 240.00 -' N O O O 240.00 O N 0 O O O O 0 O O 600.0011 03 0 0 b O 240.00 - N O o O -� N O O O O CO O OO O d i ' (E i e 1,0{ iC3 V N 0 420.001 N 0 b b 180.001 CO O 0 b 0 300.001 (a O 0 O 720.001 N N N O 0 O 0' n$ ®11 Y� 'd g{ Q � P J 0 Cr a 0 0 777 0. 3000003300000330000000 0 0 s 0 0 0. 0 0 6 a 0 0 6 s J 0 a7 O, J 0 a J 0 6 a 0 0 77o-000 a 0 0 a 0 0 o. 0 0 o. 0 0 a J 0 0. J 0 6 O. J 0 6 a J 0 07 a 0 0 a 0 0 0; o. 0 0 6 n. 0 0 0 a 0 00 6 a 0 00 6 a 0 0 Cr O. 00 6 a 0 Cr a 00 a a 00 a a AFS (Option #1) J 0 6 0. +ia 3', r J 0 Q a 0 0 6 s 0 0 CT o: 3 0 0; a J 0 0' o. J 0 6 a J 0 6 a J 0 0_ a J 0 O; o. 0 0 Cr.Cr a 0 0 s 3 0 Cr o. 3 0 CT o: J 0 6 a J 0 Cr a 0 0 6 a J 0 0: a J 0 Q a 0 0 0: a 0 0 Cr o: 0 0 0 a 0 0 0 a 0 0 0; a 0 0 0 a 0 0 0 a J 0 Cr a J 0 Cr a 0 0 0; a 0 0 a a no bid a x$ O Q n 0 Cr a p!q ou p!q ou 0 6 0.0-0.0. 0 6 0 6 0 Cr 1 no bid 0 Q 5:5. 0 Q 1 no bid 0 6 a 1 no bid 0 6 0.0.0.0. 0 6 0 6 0 6 1 no bid 0 0000000 n 0 o. 0 a 0 s 0 o. 0 a 0 s no bid 0 6 a I no bid 0 o 6 n it a.3L 1 aaa ddi. 0 O 6 a 0 0 6 s 0 0 6 O: 0 0 6 a 0 0 6 s 0 0 6 0. 0 0 6 a 0 0 0; a 0 0 0: a 0 0 a a 0 0 0; a J 0 0: a 0 0 6 a 0 0 6 a 0 0 0 a 0 0 6 a 0 0 a a 0 0 a a 0 0 0 a 0 0 0; a 0 0 6 a 0 0 0 a J 0 (T a 0 0 6 E 0 0 6 a 0 0 6 a 0 0 6 a 0 0 6 a 0 0 6 a gal `��� maIn e D T CO 0 ts O 0 0" n! 0" .. �, 0 6 a 0 6 s 0 6 o. 0 6 a 0 Cr s 0 0; o. 0 0;0; a 0 a 0 0; a 0 0: o: 0 6 o. 0 6 a 0 6 a 0 6 a 0 6 a 0 6 a 0 6 a 0 P o: 0 6 a 0 a a 0 a a 0 a a 0 6 a 0 6 a 0 a a 0 6 E. 0 a a 0 6 a 0 6 a �W ie 1� �y �3 Zep i,ti J O 0. 1 § 3 o a 0000000000 O a C a C a 0 Cl: 0 a 0 Cr 0 006: 0 a 0 a 0 a 1 no bid 1 3 O a 1 no bid 1 J O a 1 no bid 1 000 O a O a O Cr 1 no bid 1 0 O a no bid 1 no bid 3 O a 3 O a 3 O Cr no bid 1 no bid 1 0 O� 5: m �aE p �€ 0 0 z N a -n r m N m r- r D^^ m m z V/ m m 62050#alb NC FILTER SUPPLY & SERVICE 90/9Z/1P :6u!ued0 p!8 = calculated extensions different from submittal 0 O ' (O 0) CO 0 V 0 0 (!i 0 A 0 W 0 N 0 0 O V c0 V CO V V V 0 V 0 V A V CO V N V V O 0 (O 0 0 0 V 0 0 0 01 0 A 0 W 0 N il -� I_... VENDOR McConico Senior Activity Center 17 2 1Senior Center o J F-7 O 0 lMaintenance/Sign Signa 1 FIRE - Station 5 jfFIRE - Station 6 FIRE - Central Station FIRE - Station 2 FIRE - Station 3 FIRE - Station 4 Police Department - Buil( Police Department - Built Highline Maintenance Lab Meter Readers PARD Yard Site Police Department - Buil4 Vehicle Maintenance Utility Support Water Plant - Building A New Plant - Building B Chlorinating Building - B WLM/Street TA & UA Public Works - Building / Building Construction City Hall A W A 0 0 c0 IJ O A N A V O O O A N N O V N W 0 fit 0 N V E = X`g 0 i 0' 0. 0 0 0: a 0 0 lT 0. 0 0 o- O. 0 0 Q a 0 0 o- a 0 0 Q a 0 0 0 0 0' CT a a 0 0 0 0 0 0 0 0 O' Cr CT Cr a a a a 0 0 Cr a 0 0 O" O. 0 0 0 0 0 0 0 0 0 0 6 (T ? 0' o: O. a a a a 0 0 0 0 0 0 0 0 0 0 0' 0 (T CS Cr 0. a o: a a 0 0 0 a 0 0 Q a 0 0 0 0 0' 0: a O. 0 0 Cr. eta i is 03 JIEi° I C Z P3 1 R1 p Z 0ey Q E 1P 0 co- a 0 Q a 0 67 a 0 o. 0 Q n 0 o-0 o. 0 0 0: o: E a 0 0 0 0 0" 7 0 a a o. a 0 0 0 s 0 0 0: o. 0 0 0 0 0 0 0 0 0 0 0" Q D• Q Q a a a a a 0 0 0 0 0 0 0 0 0 0 Q 6 V Q o. a `a a a a 0 0 Q a 0 0 6 a 0 0 0 0 7 Q a a rn� 0 0 ��, a qry g b,w ,..r t b's o d : C0 i r, CT s :' a ;: = 0 Q a 0 0 Q a = 0 a O. P!q ou pig ou It`r P!q ou pig ou plq ou plq ou pig ou P!q ou plq ou 0 0 O: a 0 0 0: a 0 0 0 0 0 0 0 0 0 0 Q Q Q Q Q a a a a a 0 0 0 0 0 0 0 0 0 0 0: Q Q CT Q a a a a a 0 0 D- a no bid no bid no bid 0 0 a a �� Iq ` g 0 e f0ID `e A .. A W N CO W A A A 0 N 0 a W b b $T CO 00) 0 0 0 001 V CO 0 CO 0 W W A A A 0- 0 0 A A A b A A 0 (0D C011 CO O A O A CT CO Co a D 01 (0 A A y ; y A -173 4 CO ;E 0 s �,Ek ` 0 .;i' V 0 P00) N A (0O 0 A J -L CO NN 0 o 0 0 0 O Cr)W0 0 N A N o O o O O 0 0 0 0 0(0 CO o 0 W0 0 0 W0 fT c0 0 N 0 0 O O V 0 A 0 0 N A CD CO 0 N O W O) O 0 0 01 0 0 0 O 0 N W A O N N 0 01 0 �iWI12W"yd. 0 cT 0 �yg € �r E{ _ ,.wear 1,344.00 0) W ' 0 0 01 N 0)- 0) (D V 0 CO 0P0 0 O17'909 9970VZ Irl 00'96 769.08 252.00 120.00 240.00 432.00 483.12 456.001 01 0) 0) o 0 872.64 96.00 108.00 187.68 456.00 144.00 103.92 340.20 588.96 49.20 240.00 N CO 01 N 03 01 N (D 0 o W 0 0 0 CO NJ 0) 0 0 0 d� 111fff 0 0 o N o o 0 o 0 CA b o 01 01 V1 b b o 0 0 0 01 01 tit 01 N CT] b o 0 o b b 0 0 0 0 0 0 at o 0 CT o 0 01 01 CZ N 0 b b b o 0 0 0 0 0 0 01 CT CT fP 01 0 b 0 0 o 0 o 0 o 0 fT b 0 (T Cil a o o b 0 0 0 01 b 0 DUSTLESS AIR FILTERS N € 0 1.E9d O 0 A 0 , 00000000000 O N 0 0 0 0 0 CO c0 -+ 0 01 0 0 0 0 _ 0 N N 0 01 0 0 0 0 01 0 0 0 0 0 0 0 01 0 0 0 01 0 0 0 _ _ 01 N (0 0 0 0 0 0 b O o b 0 0 0 0 0 0 0 W -• CZ 0 (P 0 01 0 0 0 0 0 0 0 0 0 0 N 0 0 0 N N 0 01 01 0 0 0 b 0 0 0 CO 0 0 0 ! N N Zu& 0 i 0 2�E 0 0 1ff^ 0 N 0 0 0 -A 0 0 0 N N 41 -. 0 0 0 0 0 0 240.00 120.00 240.00 600.00 660.00 0 0 0 0 O 0 1,080.00 120.00 120.00 240.00 600.00 180.00 120.00 420.00 720.00 60.00 300.001 720.00 300.00 300.00 2,220.001 (O CO 0 qp. €sg7 (T CO 01 fo 01 CO 0 cO 0 01 Cil c0 CO 0 co CD CO 0 01 01 0 0 0 CD 0 CO 01 CO CO CO CO CD 01 01 01 0 CT cO c0 cO 0 fD 01 01 01 01 01 cO 01 co fO <O 0 01 01 <o 01 DOUBLE A AIRFILTER C g W 0 ' n1 f0 0 0 003 N 0 0 0? A N 0 0T -3 0 0 0 A 0 W 0 CT 0 0 CD W COW 01 0 0 CO 0 0 0) N 0) W 0 01 01 0 0 0 0 01 CO(0 0 0 (O 0 0 CO CO -, 0 0 CO CO 01 01 0 W W 0 0 0 0 0 0 0 N COD COc0 A CO0 V 01 A 0) 0 W 0 0 01 0 0 A N V (T A A 0 N 1n CD 01 01 0 0 0 0 CO CO 01 01 fq N ap 0 A 5 `" J N '.. 0 A 0 c'i `g O 1 4,831.20 J 0 A O A{ 0T 0-S 0 N (D 0 NJ b) O O O 1,866.60 439.20 219.60 439.20 1,098.00 1,207.80 CO0 0 0 O (O0 0 0 O 549.000 329.40 219.60 768.60 1,317.60 109.80 1,976.40 219.60 219.60 439.20 1,098.00 a 1 - "(0 (0 -1 0 c 0) ",0 0 0 A 00) N 0) 0 0j°µb 0 0 N 0 0) \ 0 0 0 0 N N 0 0 0 N N 0) N co N 61 0) 0 0 .. 0 0 0 J 0 0 6) N 0 N N N 4) N (U N N 0 0 0 N N N N ti AFS (Option #1) n O N CO o( O O pa 0 0 CP 0 0 0 (T 0 0 V CO 0 fT (D b N 0 0 0 0 01 01 -+ CO N V (0 CO CO O N 0 0 in O V 0 0 0 0 0 0 A V N 0 A J 0 0 A 0 CT 0) N V CO CO (D (T A. V CO CD A CO 0 0 0 in N V o IJ CT N v 0 0 0 0 0 01 0 CO 0 01 01 N N 01 0 CO V t-41.40 0 01 0 V, U7 V (31- drc� ] mqE z�@� ?%y- - N N •4,( yy8 0) O d� Y JE • 0 O O 4 �9' 0 E0 0 0 0 N CO N ' 0 0 0 0 0 0 AiNVAI 684.00 57.00 1,026.00 114.00 114.00 228.00 570.00 570.00, 570.00 969.00 228.00 114.00 228.00 570.00 627.00 684.00 285.00 285.00 285.00 171.00 114.00 a,. N 0 CO O ���jj 11yy 0 yss J g 0 N { d 0 N 0 N 0 0` N N N a� 0 0 co 0 0\\ 0\ 0 0 0` 0 3 i 0 0 ai 0 0` 0 «, N N co in d co N N N N d N 0) 01 N N d d d d d 01 4181 ggV! j W k> 03 N t; A co j!'q `'- 0 O 4 p s Y F co N V b O V P0 0 co O 0-A N CO CO 0 N 01 co 0 O � 0 N N' O) Cr) 0 N -• -L P0 CO A N CO W CO CO A �£ §� A V V W V A V V V V CO W 0 V CO 0 CO W W CO N N O CT O V 01 0 0 0 in N 0 V 0 N 01 N V J V b V ka 01 co O O O 0 0 0 0 0 0 0 0 0 0 01 0 0 01 (T 01 0 0 S (Optio 1,944.00 ;1474-i. 2,592.00 nn p) N 0 O 1 729.001 81.00 1,579.50 648.00 1,498.50 486.00 202.50 202.50 202.50 121.50 81.00 283.50 486.00 40.50 729.00 81.00 81.00 162.00 405.00 405.00 405.00 688.50 162.00 81.00 162.00 405.00 445.50 (C (C a r ci m m Z V/ m 0 m I.ZO-50 # G18 A/C FILTER SUPPLY & SERVICE 50/9Z/17 :6u!uadO P!8 = calculated extensions different from submittal