________________________________________________________________________________________
Administrative Services Phone: (575) 396-8521
100 North Main, Suite 11 Fax: (575) 396-5684
Lovington, NM 88260 e-mail: kmclaughlin@leacounty.net
LEGAL NOTICE OF INVITATION FOR BIDS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGS
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
The Lea County Commissioners will receive sealed bids in the Conference Room, First Floor, Courthouse, Lovington, New Mexico, for HVAC Maintenance Contract.
The Invitation for Bids and all related information may be obtained from Lea County’s web site at www.leacounty.net or by contacting the Administrative Services Department, Lea County Courthouse, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030, (505) 396-8521.
Gary Schubert, Chairman
Lovington Daily Leader August 6, 2008
Hobbs News Sun
TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGSBID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
1. The Terms and Conditions will form part of the contract between the County and the successful bidder. Failure to comply with all of the Terms and Conditions may subject the bid to rejection.
2. All bids will be sealed, addressed and delivered by 3:00 p.m. on AUGUST 21, 2008 to: The Administrative Services Department, 100 North Main, Suite 11, Lovington, New Mexico 88260-4030. Please mark the outside of the envelope "Bid # 5". It is the bidder's responsibility to see that the bid arrives on time. Late bids, FAXes, telegrams or telephone bids will not be accepted.
3. Each bidder is to submit its bid on the form provided. The form must be fully completed.
4. All bids are FOB Lea County Courthouse, Lovington, New Mexico.
5. The bid will exclude all State taxes. Nontaxable transaction certificates will be issued if requested.
6. Any resident business registered with the State Purchasing Agent may list its Resident Certification Number.
7. All bidders will be notified by letter of the Board's award.
8. A multi-term bid is being sought. The County's payment and performance obligations for succeeding fiscal periods will be subject to the availability and appropriation of funds. Multi-term bids must have a provision allowing the County to terminate the agreement at will at any time, or at least to the end of each fiscal year, without penalty. There must be no "equitable or moral" duty to continue to make payments under the bid.
9. Bid specifications indicate the minimum standard of quality, performance or other pertinent characteristics required. All services equal or exceeding these specifications will be considered. All options, variations or exceptions to specifi-cations must be listed.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGSBID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
10. In case of ambiguity in stating bid prices, the County reserves the right to adopt the most advantageous interpretation.
11. The County reserves the right to waive technical irregularities in the form of the bid which do not alter price, quality or quantity, and to reject any or all bids when it is in the best interest of the County to do so.
12. In signing this bid, the Vendor certifies that there has been no direct or indirect action in restraint of free competitive bidding in connection with this bid submitted to Lea County.
13. In submitting this bid, the bidder represents the bidder has familiarized himself with the nature and extent of the Request for Bids dealing with Federal, State and local requirements which are part of this Request for Bids.
14. The bidder will be required to carry:
a) General liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate.
b) Auto liability insurance in the amount of $1,000,000.00.
c) Workers’ Comp insurance as required by State Statute.
Lea County will be listed as a co-insured on all policies, and proof of coverage must be submitted with bid.
15. The Lea County Procurement Policy and the New Mexico Procurement Code, 13-1-28 through 199, NMSA, 1978, will apply to this procurement and prevail over any inconsistent terms and govern all interpretations of contract documentation. In addition, criminal laws prohibit bribes, gratuities and kickbacks.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGSBID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
16. This agreement is subject to New Mexico law, including but not limited to, the Procurement Code, the New Mexico Public Works Minimum Wage Act and all federal and state laws, rules and regulations pertaining to equal employment opportunity. The rights and obligations set forth herein are to be construed and interpreted according to said laws, regardless of whether they are expressly set forth herein. Should any provision herein be found to be legally unenforceable, it will not affect the legality or enforceability of the remainder of this contract, so long as the basic intent and object of this agreement is not undermined by the elimination of the objectionable provision(s).
The Contractor agrees to comply with state laws and rules applicable to workers' compensation benefits for its employees. If the Contractor fails to comply with the Workers' Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency.
17. It is expressly agreed and understood that the Contractor is not authorized to act as an agent of the County or to enter into any contract on behalf of the County. It is also acknowledged that the Contractor, its agents and employees, by virtue of award of this bid, are not entitled to any fringe benefits available to the employees of Lea County.
18. The Contractor will save and hold the County harmless from all suits, actions, claims, losses and expenses, including attorney's fees brought on account of any injuries or damages sustained by any employee or person, including wrongful death, or damage to property as a result of any negligence, misconduct or omission by the Contractor or employee or agent thereof connected in any way with Contractor's performance under this Contract.
19. The County’s policy on requests for copies of bid information is as follows:
a. Terms and Specifications are available at no charge to vendors who will be responding directly to bids or proposals. As soon as it is available after the opening date, a tabulation sheet of all bids will be available at $1.00 per page.
b. Submit a written request detailing what information you would like to receive.
c. There will be a charge of $1.00 per page by check or money order made
payable to Lea County at this address:
Lea County
Administrative Services Dept.
100 North Main, Suite 11
Lovington, NM 88260
The fee must be paid before the information is released.
d. Charges will apply to any sub-contractors requesting our mailing list. The sub-contractor may then contact vendors directly regarding information on the specifications.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGSBID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
20. The County may prematurely terminate this Contract if the Administrative Services Director judges that the Contractor has inadequately or unsatisfactorily met its obligation under this Contract. This agreement may be terminated by any party for cause upon 30-days written notice to the other participants in the contract. As used herein, the term "cause" will mean a material breach of the Agreement by a non-terminating party, or acts or conduct by a non-terminating party that substantially alters the terminating party's ability to benefit from this Agreement, which breach, acts, or conduct are not cured or remedied within the 30-day period following the giving of notice by the terminating party (which notice will detail the nature of the breach, acts, or conduct constituting the case for termination and specify the effective date of termination in the event such breach, acts, or conduct are not cured or remedied within 30 days following the giving of such notice).
21. The Contractor agrees not to assign this Contract, or any part thereof, to any other person or business entity, without first receiving prior written consent of the County. The Contractor is forbidden from using non-employees.
22. Award of this bid incorporates all agreements and understandings between the County and the Contractor regarding the provision of services to the facilities named herein. No prior agreements or understandings, verbal or otherwise between the parties, will be valid or enforceable unless set forth herein.
23. Award of the bid will not be altered, changed or amended except by an instrument in writing executed by the parties hereto.
24. Upon award, the agreement between Contractor and the County will be governed by the laws of the State of New Mexico and enforced in the District Court of Lea County.
26. Contractor must submit a copy of their New Mexico contractor's license and any sub-contractors' licenses.
27. According to state procurement regulations, any protest of the award must be submitted in writing within fifteen (15) days of written notice of award to:
Finance Director
Lea County Courthouse
100 N. Main, Suite 11
Lovington, NM 88260
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGS
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
SCOPE OF WORK
Lea County desires to contract for HVAC maintenance at including but not limited to the following buildings:
LOVINGTON
(1) Lea County Courthouse 100 North Main
(2) Lea County Sheriff’s Office 215 East Central
(3) Lea County Fairgrounds 101 South Commercial
(4) Cone Building 208 East Washington
(5) Lovington Health Clinic 302 North 5th
HOBBS
(1) Lea County Office Complex 1923 N. Dal Paso
(2) Lea County Airport Terminal Carlsbad Highway
(3) Lea County Airport Fire Station Carlsbad Highway
(4) Lea County Road Department 5915 Lovington Highway
(5) Lea County Event Center 5101 Lovington Highway
(6) District Attorney and Teen Court 801 N. Linam
(7) North Hobbs Convenience Station Hiap Road
FIRE DEPARTMENTS
(1) Knowles Volunteer Fire Dept.
(2) Maljamar Volunteer Fire Dept.
(3) Monument Volunteer Fire Dept. / Community Center
A. ALL BUILDINGS: The contractor will provide all as-needed maintenance / repairs to the HVAC systems.
B. ALL BUILDINGS EXCEPT FAIR / RODEO BUILDINGS:
The Contractor will provide semi-annual maintenance inspections on existing HVAC equipment. Guaranteed response time must be listed.
Inspections will be approximately March 31st and September 30th annually. On each visit the Contractor will inspect all equipment for proper operation.
The County will consider an option of replacement of all filters to be included in the price for each semi-annual maintenance – See Item 2(a) on “Bid Form”.
SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGS
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
Written Reports: The Contractor will prepare and submit to the County a written report describing the results of each semi-annual operational check. Any defective parts or equipment found at the time of inspection will be reported along with the cost of necessary parts and labor to repair/replace.
TERM: The period of service will be effective immediately and continue for one year thereafter. Upon mutual agreement on price, there will be three one-year options to renew.
The Terms and Conditions are incorporated herein by reference.
End of specifications.
BID FORM
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
VARIOUS BUILDINGS
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
1. AS-NEEDED MAINTENANCE CALLS :
Hourly Rate $_________________
Discount % on Parts ________________%
Trip Charge (if any) $
Fuel Surcharge (if any) $
2. SEMI-ANNUAL INSPECTIONS :
EACH TOTAL
Semi-Annual Insp. Annual Cost
a) For all buildings with ALL
filters replaced : $__________ x 2 = $__________ / Yr.
b) For all buildings with NO
filters replaced : $__________ x 2 = $__________ / Yr.
3) Response Time: ____________________________________________________
NOTE: Attach Separate Sheet Listing Six Commercial References.
Copy of Contractor's License enclosed:
Certificate of Insurance enclosed ? ______Yes ______ No
State Resident Pref. No. (If any) :
BID FORM
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
The services offered meet specifications: Yes No
If the services offered do not meet specifications, all exceptions or variations are set forth on the following page.
I have read and understand the Terms and Conditions and Specifications and Contractual Terms. I agree to comply with such and warrant that the services offered are as represented in this Bid Form.
__________________________________ _________________________________
Signature Name (Typed/Printed)
__________________________________ _________________________________
Company Position
__________________________________ ________________ ________________
Address Telephone # FAX #
__________________________________ _________________________________
City, State, Zip Tax ID #
State of ___________________)
)ss.
County of __________________)
_________________________________(name), being duly sworn, deposes and says that he/she is
________________________(title) of __________________________(company) and all foregoing questions
and all statements herein contained are true and correct.
Subscribed and sworn to before me this _________ day of ___________________, 20_____.
___ _______________________________
Notary Public
My commission expires:
_______________________
OPTIONS, EXCEPTIONS OR VARIATIONS
LEA COUNTY, NEW MEXICO
HVAC MAINTENANCE CONTRACT
BID # 5 - (08-09)
DUE DATE: AUGUST 21, 2008 - 3:00 P.M.
Please state each and every option, exception, or variation to the specifications (if any) for the service offered. Please sign below and return with your offer.
THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS._________________________
Signature
THERE ARE NO OPTIONS, ETC. LISTED. The service offered on this Invitation to Bid, meet or exceed all Specifications, Terms and conditions as described in said Invitation to Bid without exceptions. I understand services not meeting all Specifications, Terms and Conditions will be rejected and all costs will be borne by the seller.
___________________________________
Signature