R-06-11-09-11A1 - 11/9/2006RESOLUTION NO. R -06-11-09-11A1
WHEREAS, the City of Round Rock has duly advertised for bids for
a replacement water chiller for the Clay Madsen Recreation Center, and
WHEREAS, JH Mechanical has submitted the lowest responsible bid,
and
WHEREAS, the City Council wishes to accept the bid of JH
Mechanical, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the bid of JH Mechanical is hereby accepted and the City
Manager is hereby authorized and directed to issue a purchase order to
JH Mechanical for a replacement water chiller for the Clay Madsen
Recreation Center.
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 9th day of November, 2006.
WEL Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secrijtary
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INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
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:
City of Round Rock
CLAY MADSEN REC CENTER
1600 Gattis School Road
Round Rock, TX 78664
FACIMILE 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: CMRC WATER CHILLER
BID NUMBER
OPENING DATE:
07-005
10/31/2006 3:00 p.m.
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Authorized Signature
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB.
ITEM A
CLASS & ITEM DESCRIPTION
3113
QTY
UNIT
MAKE/MODEL
UNIT
PRICE
EXTENSION
1 AIR-COOLED, SCREW TYPE, 170 TON WATER CHILLER
1
EA
BID PRICE SHALL INCLUDE DELIVERY & INSTALLATION. IF BIDDER CANNOT DELIVER AND INSTALL DURING REQUESTED TIME FRAME,
BIDDER MUST SPECIFY TIME FRAME THEY CAN PERFORM SERVICES.
AWARD MAY BE BASED ON BEST DELIVERY
DELIVERY IN DAYS
"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."
BIDDING INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on IFB. Bids must be in the
Purchasing Office before the hour and date specified on the IFB.
1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject al or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB.
2.2 Al items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that:
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial 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.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
Bidder Instructions
Page 2 of 3 Rev.: 04-04-05
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 07-005 CMRC Water Chiller
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2
year. References may be checked prior to award. Any negative responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number (
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
)
Fax Number (
Fax Number (
)
Fax Number (
)
Fax Number (
)
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY
DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD.
Reference Sheet
Page 3 of 3 Dated: 10/2006
CITY OF ROUND ROCK
SPECIFICATION NO.
07-031-13
DATE: October 2006
AIR-COOLED, SCREW TYPE, 170 TON WATER CHILLER
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to deliver and
install an Air -Cooled, Screw Type, 170 Ton Water Chiller to the City owned facility identified on the Invitation
For Bid (IFB).
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 County, 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, equipment, 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
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for darification 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 Division.
Page 1 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
4. CONFLICT OF INTEREST:
4.1 Effective January 01, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires
that any vendor or person considering doing business with a local government entity disdose the vendor
or person's affiliation or business relationship that might cause a conflict of interest with a local
govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics
Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Christine Martinez, City Secretary
221 East Main Street
Round Rock, Texas 78664
4.2 Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result in the disqualification of the vendor's proposal.
PART II
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The equipment furnished under this specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder
represents that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
2. LABOR: The Contractor shall provide all labor and goods necessary to perform the project. The Contractor
shall employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
3. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such.
4. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003
standards, technically equivalent to the American National Standards Institute/American Society for Quality
Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is
considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total
quality management concepts contained within these standards can result in reduced production costs,
higher quality products, and more efficient use of energy and natural resources. Manufacturers should note
that future revisions to this specification might require ISO certification.
5. ENVIRONMENT: The unit provided shall meet or exceed all federal and state of Texas safety, health,
lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of
manufacture.
6. DAMAGE: 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.
7. WORKPLACE: The City reserves the right to inspect the facilities and organization before recommending
any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The
city may reject bids where evidence submitted or investigation and evaluation indicates an inability of the
bidder to perform.
Page 2 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
8. BEST VALUE 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.
8.1. Bid price
8.2. Reputation of the bidder and of bidder's goods and services.
8.3. The quality of the bidder's goods or services.
8.4. The extent to which the goods or services meet the City's needs
8.5. 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.
8.6. The total long-term cost to the Municipality to acquire the bidder's goods or services.
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of
Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or
Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication
between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain
information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte
communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid
then in evaluation, or any future bid.
10. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
services or 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.
11. 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
12. 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.
13. 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.
14. 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 City of Round
Rock, Texas, 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)
Page 3 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
15. 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.
16. INSURANCE: (The following insurance requirements applies to contracts for services that are
performed at City Facilities or at sites designated by the City and for supplies that are delivered to City
facilities by the Contractor personnel).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.
a. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
b. The following standard insurance policies shall be required:
General Liability Policy
ii. Automobile Liability Policy
Worker's Compensation Policy
c. The following general requirements are applicable to all policies:
iv.
v.
Only insurance companies licensed and admitted to do business in the State of Texas shall be
accepted.
Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
Claims made policies shall not be accepted, except for Professional Liability Insurance.
Upon request, certified copies of all insurance policies shall be furnished to the City
Policies shall include, but not be limited to, the following minimum limits:
1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
3. 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.
4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
vi. Coverage shall be maintained for two years minimum after the termination of the Contract.
d. 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.
Page 4 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
e. 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:
Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
ii. Name the City and its officers, employees, and elected officials as additional insured's, (as
the interest of each insured may appear) as to all applicable coverage.
Provide thirty days notice to the City of cancellation, non -renewal, or material changes
iv. Remove all language on the certificate of insurance indicating:
1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
v.
2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
Provide for notice to the City at the addresses listed below by registered mail:
vi. 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.
vii. 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.
viii. 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.
ix. 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.
x. All 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
f. 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 these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the
insurance company relieve the Contractor from liability.
g. 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.
17. WORKER'S COMPENSATION INSURANCE: The following insurance requirements applies to contracts
for services that are performed at City Facilities or at sites designated by the City and for supplies that
are delivered to City facilities by the Contractor personnel)
Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing
services on building or construction projects for a govemmental entity.
Page 5 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
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 fumishes persons to
provide services on the project. "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;
Page 6 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
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;
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.
H. By signing this contract, 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 dassification 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 dedare the contract void if the Contractor does not remedy the breach within
ten calendar days after receipt of notice of breach from the owner.
18. 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.
19. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
20. 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.
Page 7of12
SPECIFICATION NO.
07-031-13
DATE: October 2006
PART 111
SPECIFICATIONS
1. SCOPE: This specification describes an Air -Cooled, Screw Type, 170 Ton Water Chiller to be delivered
and installed at the Clay Madsen Recreation Center. The system shall include all the accessories as stated
in the IFB.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance
and design criteria of the CCCIS, as well as certain details to which the successful bidder shall conform.
Bidders shall be responsible for furnishing and installing equipment that meets or exceeds all of the
requirements as set forth herein, as well as provide equipment that is designed for the intended application.
3. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
3.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
3.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
3.3 Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has preformed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
3.4 Identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. CONFIDENTIALITY OF CONTENT: Bids received are subject to release as public information unless the
bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders
are advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation
or responsibility for asserting legal arguments on behalf of potential Bidders.
4.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The
Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the solicitation,
which the Bidder believes to be confidential. Vague and general claims as to confidentiality shall not
be accepted. All bids and parts of bids that are not marked as confidential will be automatically
considered public information after the contract is awarded.
5. MANUALS: One set of manuals and documentation shall be supplied for the water chiller purchased upon
delivery and shall provide complete and comprehensive information on all equipment, equipment
components and accessories.
6. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not
less than 12 months for parts, material and labor beginning with the date of acceptance. If the
manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in
effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery.
Compressor shall carry a minimum of five (5) years warranty on parts, materials and labor.
7. PRE-BID: A pre-bid meeting shall be held on site in order to clarify any questions that arise. It is strongly
recommended that each bidder make the pre-bid and site inspection of the location(s) identified on the IFB
to fully acquaint themselves with the site conditions, as they exist for full comprehension of the facilities,
difficulties and/or restrictions attending the proposed work.
Page 8 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
7.1. A Pre-bid conference will be conducted Wednesday, October 25, 2006 at 2:30 p.m., Clay Madsen
Recreation Center, 1600 Gattis School Road in Round Rock, TX.
7.1.1. A Facilities Maintenance Coordinator will conduct a site inspection tour immediately
following the pre-bid conference on October 25, 2006.
7.1.2. Bidders shall sign in at the site inspection to become aware of all conditions affecting
performance and bid prices.
8. SITE RESTRICTIONS
8.1. Parking: Contractor shall have its employee's vehicles and company vehicles park in a designated
area. This area will be determined at the beginning of any work.
8.2. City Equipment: The contractor shall not use any City owned equipment for use in its operation.
9. SERVICE RESPONSIBILITIES: The successful bidder shall provide all personnel, material and equipment
required to complete the project by the completion date as well as be responsible for:
9.1. Coordinating with the City's project administrator to establish best work schedule, location of
utilities, irrigation and other obstacles and discuss any changes and/or delays with the project
completion.
9.2. Clearing the work site of all debris and trash accumulated or created as a result of the project.
9.3. All electrical work for removal of old chiller and the reconnection of new chiller.
9.4. The disconnection of existing chiller water lines and the re -installation of new chiller water lines to
the unit.
9.4.1. All water lines to be insulated.
9.5. Removal and disposal of old water chiller.
10. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and verified by the
City of Round Rock designee noted below.
Pete Dominguez
(512) 801-4547
11. DETAILED SPECIFICATIONS:
11.1 Refrigeration Circuit:
11.1.1 Full R -134a refrigerant charge
11.1.2 Full load factory run test and run test report
11.1.3 Independent refrigeration circuits
11.1.4 Rotary screw compressors
11.1.5 Compressor protection
11.1.6 Electronic expansion valve (EXV)
11.1.7 Flooded shell -and -tube cooler
11.1.8 Cooler insulation
11.1.9 Filter drier
11.1.10 Moisture indicating sight glass
11.1.11 AeroAcoustic condenser fans
11.1.12 AI/Cu condenser coils
11.1.13 Liquid & discharge circuit service valves
Page 9 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
11.2 Chilled Water Circuit:
11.2.1 Electronic flow switch (thermal dispersion)
11.2.2 Freeze protection (cooler heaters)
11.3 Controls/Communication:
11.3.1 Microprocessor comfortlink control
11.3.2 Hinged access panels
11.3.3 Temperature & pressure display
11.3.4 Chilled water temperature reset (from return fluid)
11.3.5 Low water temperature protection
11.3.6 High pressure protection
11.3.7 Low pressure protection
11.3.8 Compressor lead/lag control (cycles & run-time)
11.3.9 Unit mounted control panel
11.3.10 Must be able to communicate with Siemens Energy Management System
11.4 Electrical:
11.4.1 Single point primary power entry (sizes 080-350)
11.4.2 Dual point primary power entry (sizes 400-500)
11.4.3 On -Off switch
11.5 Packaging/Security:
11.5.1 Condenser coil trim panels
11.6 Chiller Pad:
11.6.1 Shall be built to meet water chiller specifications.
11.6.2 Pad shall include five (5) feet of walk and workspace around the entire chiller.
PART IV
SERVICE, ACCEPTANCE, AND PAYMENT
1. SERVICE: The successful bidder shall have service and maintenance available to the City within a 130 mile
radius of the City, and shall be able to respond to a request for service:
1.1. Within 12 hours of notification for telephone service and/or maintenance.
1.2. Within 24 hours of notification for on-site service and/or maintenance.
2. DELIVERY: Delivery and installation of the equipment shall be completed during the time frame of
December 21, 2006 through January 2, 2007.
2.1. If bidder is unable to meet the specified time frame, exception must be noted on a separate page
and included with bid response.
2.1.1. Bidder shall submit an alternate bid to furnish portable HVAC during installation.
2.1.2. City reserves the right to determine supplier of portable HVAC service to the location.
2.2. If the awarded vendor fails to complete the installation within the proposed timeframe, the awarded
vendor shall furnish (at no cost to City) adequate alternative HVAC to allow the facility to carry on
the normal daily business functions and activities.
Page 10 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
3. ACCEPTANCE: Acceptance shall be contingent upon the unit being in full compliance with specifications
and performing intended function for not less than 30 continuous days.
3.1. The vendor will be notified if the unit delivered is not in full compliance with the specifications.
3.1.1. Vendor shall bring unit to full compliance within five (5) business days.
3.2. In the event the unit fails to perform intended function for thirty (30) continuous days, vendor shall
have five (5) business days to make corrections and acceptance period will restart.
3.2.1. The acceptance process will be repeated until such time that acceptance is achieved or
purchase order is cancelled.
3.3. If any purchase order is canceled for non-acceptance, the needed equipment may be purchased
elsewhere and the vendor may be charged full increase, if any, in cost and handling.
4. INVOICING: Contractor shall submit one original and one copy of invoice to the following address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664-5299
Note: No partial payments will be made. Payment will be processed upon completion of installation,
inspection and testing, and acceptance.
5. 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:
5.1. 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
5.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
5.3. 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
5.4. 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.
6. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated
with this agreement which arise under the antitrust laws of the United 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 11 of 12
PART IV
ACCESSORIES
Accessories to be included in the Invitation for Bid (IFB):
Accessory No. 1: Freeze protection
Accessory No. 2: Suction Service valve
Accessory No. 3: Control Transformer
Accessory No. 4: Al Fin/Cu tube
Accessory No. 5: Low Sound Option
Accessory No. 6: XL
Accessory No. 7: Low Ambient Head Pressure Control
Accessory No. 8: Single Point
Accessory No. 9: BACnet Translator Control
Accessory No. 10: Hail Guards + Coil Trim Panels + Upper & Lower Grilles
Accessory No. 11: Touch Pilot Display
Page 12 of 12
SPECIFICATION NO.
07-031-13
DATE: October 2006
DATE: November 2, 2006
SUBJECT: City Council Meeting - November 9, 2006
ITEM: 11.A.1. Consider a resolution authorizing the City Manager to issue a
purchase order to JH Mechanical for a replacement water chiller for
the Clay Madsen Recreation Center.
Department: Parks and Recreation
Staff Person: Rick Atkins, Parks and Recreation Director
Justification:
The current air conditioning system for the Clay Madsen Recreation Center (CMRC) is in
need of major repair. Over the past six years, the department has spent thousands of
dollars to keep the A/C unit operable. At this time, it is the recommendation of Parks and
Recreation and Facility Maintenance that we switch out the unit and go to a more
dependable and cost effective unit.
Funding:
Cost: $108,219.00
Source of funds: Self -finance Construction
Outside Resources: N/A
Background Information:
The CMRC opened its doors in July 2006. During the six-year history the A/C unit has been
repaired five of those six years, causing a major inconvenience to the patrons and staff.
CMRC operates programs year round accommodating infants to senior adults in the building
with the A/C unit being a critical component to maintaining operations. When the A/C unit
goes down it brings operations to a halt, therefore, taking a community icon out of service.
At this point, the current A/C is operating at a reduced capacity; however, if temperatures
were to rise, the risk of losing the unit would be great. The department has spent $41,000
to date on repairs and anticipates spending an additional $44,000 to repair the current
problems. In discussion with service technicians, we cannot be assured that the proposed
repairs will fix the problem. Therefore, replacing the unit with a proven A/C unit appears to
be the best option.
Public Comment: None