ESBD_564621_1791220077153_Master+Order+-+Discount+From+List+-+General+Items+and+Services+or+Installation+-++6.4.26 (3).pdf

DIVISION OF FINANCE AND BUSINESS SERVICES

PROCUREMENT SERVICES

Detailed Specifications Invitation to Bid (ITB) # TAMU-ITB-27-5125

Master Order, Discount from List for Maintenance and Repair Services for Concession Equipment

Summary Texas A&M University, subsequently referred to as “Texas A&M”, is seeking to establish an agreement (the “Master Order”), Discount from List for the provision of Maintenance and Repair Services for Concession Equipment, to be delivered and/or performed on the Texas A&M campus in College Station, TX, as detailed in this Invitation to Bid (ITB).

Award Any agreement resulting from this ITB will be awarded to one vendor, all or none. Texas A&M reserves the right to reject all bids if deemed in its best interest.

Additional University System Parts/Higher Education Institutions It is requested that the awarded agreement be extended to any/all Texas State Agencies listed as Institutions of Higher Education as defined by section 61.003, Education Code, Government code section 2155.134 and any other public or State Entities or agencies. In the event an award is made, the individual agencies may or may not elect to use the agreement.

https://www.tamus.edu/

Terms and Conditions:

All responses to this Invitation to Bid are subject to the Texas A&M Standard Terms and Conditions found at the following link:

• https://purchasing.tamu.edu/_media/tamu-purchase-terms.pdf

Scope of Work Texas A&M University, Athletics is seeking pricing to establish a Master Order to Provide Materials and Labor to Maintain Concession Equipment, as per attached listing, located on the Texas A&M University, College Station, TX campus for the period of Date of Award through August 31, 2023.

Service and supplies shall be provided on an as needed basis. Vendor will be notified when repairs and supplies are required.

All parts used in the repairs shall be new or refurbished.

All repairs must be conducted within three (3) days and service technician shall be onsite within two (2) hours of request, unless approval is provided by TAMU, Athletics for additional time.

It is preferred that the successful vendor have a repair facility within two (2) hours of Texas A&M University. Indicate distance from the University ___________________________. This will be a factor in award.

The principal period of service shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding University holidays.

Please see the line items and attachment for additional requirements.

Shipment and Delivery All deliveries must be F.O.B Destination, Freight Prepaid and Allowed to College Station, TX. The Vendor shall bear all costs and responsibility for delivering the goods to Texas A&M. No additional charges for shipping, handling, or fuel surcharges will be accepted.

Service and delivery are important to Texas A&M and shall be a consideration for award. All orders for products/service with no response within the specified lead time may be cancelled and purchased from another Vendor unless prior approval is given by Texas A&M.

Delivery must be completed Monday-Friday, 8:00 a.m. – 5:00 p.m. CST, excluding Texas A&M holidays, unless otherwise approved.

https://www.tamus.edu/ https://purchasing.tamu.edu/_media/tamu-purchase-terms.pdf

Quantities Any unused quantities at the end of the Master Order term will be considered cancelled.

Orders will be placed at times and in quantities as requested by Texas A&M.

Term and Renewal Upon Award, the Master Order will commence on the Effective Date and continue for five (5) years. Discount percentages quoted herein shall remain firm through the duration of the agreement.

Termination Texas A&M reserves the right to terminate the agreement, without penalty, due to non-performance.

Upon award, any order is subject to termination, without penalty, either in whole or in part if funds are not appropriated by the Texas Legislature or otherwise not made available to the using agency.

Texas A&M may terminate the agreement without cause upon thirty (30) days’ prior written notice to Vendor.

In no event shall such termination by Texas A&M as provided for under this section give rise to any liability on the part of Texas A&M including, but not limited to, claims of Vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. Texas A&M’s sole obligation hereunder is to pay Vendor for products and/or services ordered and received prior to the date of termination.

Payment Terms and Invoicing Payment terms shall be 100% Net 30 upon receipt and acceptance of the goods and/or services and an uncontested invoice.

Invoices must reflect the quoted prices and be addressed as specified for each order. Invoices that are inaccurate or do not include required supporting documentation may be returned for correction, which may result in delayed payment.

Additional Items / Change Orders Texas A&M reserves the right to add additional items to the resulting Master Order with written consent on pricing and items by both parties. Items must be added to the agreement as a formal written Change Order prior or order placement, production, and/or delivery.

No modification or amendment to the agreement shall become valid unless requested in writing and approved by Texas A&M Procurement Services. All approved amendments will be issued as a formal written Change Order prior or order placement, production, and/or delivery.

Insurance The successful Vendor will be required per the indicated requirements (Attachment A – Insurance Requirements) to provide proof of insurance prior to beginning any work on the campus of Texas A&M. The Vendor will be held strictly liable for any damages to Texas A&M property occurring during any installation or performance of work.

Vendor shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by Texas A&M. Insurance coverage shall provide for a thirty-day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must include a notice that the policy or policies do contain these provisions. Acceptance of insurance certificates by Texas A&M shall not relieve or decrease the liability of the Vendor. Unless otherwise specified, the Vendor shall provide and maintain, until the work included in this Invitation to Bid is completed and accepted by Texas A&M.

Certificates of Insurance must be submitted to:

insurecert@tamu.edu

Upon award, it shall be the responsibility of the successful Vendor to maintain a current COI with Texas A&M, Procurement Services for the duration of the Master Order.

mailto:insurecert@tamu.edu

State of Texas Subcontracting Plan Subchapter D, Division 1 it is the policy of the State of Texas and Texas A&M to promote opportunities for certified Veteran-Owned Businesses through the State of Texas VetHUB Program in state contracting and purchasing activities.

Upon award, any single engagement valued at $100,000 or more will require the completion and approval of a State of Texas Subcontracting Plan before the formal execution of any formal agreement or engagement letter. Procurement Services will collaborate with the selected vendor to ensure the proper completion of the required form.

Applicable forms and instructions are available at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php?utm_source=chatgpt.com

Parking -For questions concerning parking, call 979-845-9700.

-All vehicles parked on the Texas A&M campus must properly display valid Texas A&M permit.

-The Texas A&M Department of Transportation supervises and coordinates all parking.

Award In accordance with Texas Education Code 51.9335, Texas A&M shall make the award based on, but not limited to, the following best value criteria:

• The purchase price;

• The reputation of the Vendor and of the Vendor's goods or services;

• The quality of the Vendor's goods or services;

• The extent to which the goods or services meet the institution's needs;

• The Vendor's past relationship with the institution;

• The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities;

• The total long-term cost to the institution of acquiring the vendor's goods or services;

• Any other relevant factor that a private business entity would consider in selecting a vendor; and

• The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for bids for use of the unique material specified.

Other relevant factors deemed necessary to evaluate the offer and determine the best value for the University:

• Vendor’s ability to meet the minimum specifications/requirements

• Availability of dates required

• The quality, availability and adaptability of equipment offered to required application.

• Warranty terms

By submitting a bid in response to this solicitation, Vendor agrees to the selection and award process, and accepts Texas A&M’s judgment and decision of award. Texas A&M reserves the right to accept or reject any or all bids, waive informalities and technicalities, and accept the offer considered the most advantageous to Texas A&M. Texas A&M reserves the right to make the decision as to the system, product or service best meets the needs of Texas A&M. The decision by Texas A&M is final.

Bid Response Bids and pricing quoted herein must comply with and include the following:

1. Compliance and Standards All equipment and services must meet or exceed applicable federal and State of Texas safety, health, lighting, and noise standards in effect at the time of manufacture.

2. Firm Pricing All prices shall remain firm for the duration of the agreement term. Unit pricing must be provided and shall govern in the case of extension errors. Submit pricing for each line item in the space provided in your electronic response.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php?utm_source=chatgpt.com

No additional charges will be accepted beyond those explicitly stated in the Vendor’s response unless agreed via formal Change Order.

3. Warranty Vendor shall provide a minimum one-year warranty on all parts and accessories. Vendor is expected to provide prompt service that is due under warranty. Performance in these areas shall be a definite factor in the renewal or termination of the awarded Master Order.

4. References

Provide three (3) references from the past two (2) years for projects of similar scope and scale. Include company name, contact name, phone, email, and a brief project description. Texas A&M reserves the right to contact references at its discretion. Negative references may result in disqualification.

Pricing

Item Description Qty. Unit Unit Price Ext Price Delivery (Days)

1.

Technician's Hourly Rate, normal hours (8am – 5pm; Monday through Friday) for repairs

1 HR

2. Technician's Overtime Hourly Rate, for repairs 1 HR

3. Technician's Holiday and Weekend Hourly Rate for repairs 1 HR

4.

Discount from List/Wholesale Price

All consumable supplies and parts utilized in the repair, maintenance shall be provided to Texas A&M, Athletics at:

_________________ % Discount from list or at Wholesale Price.

Bidder shall indicate which option offered.

Discount from List Pricing shall mean pricing is set at a percentage discount from the Manufacturer’s Published List Price. The Published List price shall mean the price that is published in the supplier’s catalog that has no discounts yet applied. If percentages vary by product, then the price list provided shall include list price and the respective percentage discount for each product.

If percentage discounts vary by category, then the categories and the respective discounts shall be provided. If more space is needed, please attach to bid response.

5. Additional Charges, if applicable.

Attachment A - Insurance Requirements

1. Vendor shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. General Liability, Auto Liability and Excess/Umbrella Liability insurance shall be written on an occurrence basis.

All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a current financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Texas A&M.

By requiring such minimum insurance, the Texas A&M shall not be deemed or construed to have assessed the risk that may be applicable to Vendor under this Agreement. Vendor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. Vendor is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Texas A&M at least ten days before the effective date of the cancellation.

A. Worker’s Compensation

Worker’s compensation insurance with the following minimum limits of coverage:

Statutory Benefits (Coverage A) Statutory Employers Liability (Coverage B) $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit

Workers’ compensation policy must include under Item 3.A., on the information page of the workers’ compensation policy, the state in which work is to be performed for Texas A&M. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

B. Automobile Liability Insurance

Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 combined single limit of liability per accident for bodily injury and property damage.

C. Commercial General Liability Insurance

Commercial general liability insurance with the following minimum limits of coverage:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products / Completed Operations $1,000,000 Personal / Advertising Injury $1,000,000 Damage to rented Premises $300,000 Medical Payments $5,000

The required commercial general liability policy must be issued on a form that insures Vendor or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

D. Excess/Umbrella Liability Insurance

Vendor shall maintain excess/umbrella liability insurance providing coverage in excess of all insurance required under this Agreement. Such coverage shall apply on a follow-form basis, or at a minimum, provide coverage no less broad than the underlying primary policies, including coverage for additional insureds where required. The policy shall be written with limits sufficient to ensure a combined total limit of not less than $5,000,000 per occurrence and in the aggregate, as applicable, for the underlying policies.

2. Vendor shall deliver to Texas A&M the evidence of insurance on a Texas Department of Insurance approved certificate form, Acord form, letter of self-insurance or its equivalent verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services and/or Services by Vendor under this Agreement. Vendor shall provide additional evidence of insurance on an approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

3. Commercial General Liability and Auto Liability policies must be endorsed to name the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies as additional insureds up to the actual liability limits of the policies maintained by Vendor. The commercial general liability additional insured endorsements must include on-going and completed operations.

Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis.

Copies of each endorsement must be submitted with the certificate of insurance upon request.

4. Vendor hereby waives any and all rights of subrogation against the Board of Regents, The Texas A&M University System and its member institutions, universities, and agencies. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies. Vendor’s waiver under this Section shall apply regardless of whether Vendor has obtained the required waiver of subrogation endorsement from its insurer.

5. Vendor shall send written notice to Certificate Holder ten (10) days prior to the effective date of cancellation, material change, or non-renewal relating to any insurance policy required hereunder.

6. Vendor shall pay any deductible or self-insured retention for any loss.

7. Certificates of insurance and additional insured endorsements as required by this Agreement must be submitted/emailed to the following Certificate Holder and/or Texas A&M contact:

Certificate Holder:

The Texas A&M University System

Address:

301 Tarrow St, 5th Floor College Station, TX 77845

Email Address: insurecert@tamu.edu

8. The insurance coverage required by this Agreement must be kept in force until all services and/or Services have been fully performed and accepted by Texas A&M in writing.

9. Texas A&M reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

mailto:insurecert@tamu.edu

Attachment B – Installation Terms and Conditions

Installation shall be conducted as turnkey installation and must comply with applicable campus safety and access procedures.

No installation may commence without prior approval from Texas A&M’s designated representative.

Installation must be conducted Monday-Friday, 8:00 a.m. – 5:00 p.m. CST, excluding Texas A&M holidays, unless otherwise approved.

Vendor responsibilities include:

• Safe and damage-free delivery

• Installation and start-up completed as per the bid specifications

• Cleanup and removal of packaging materials. Texas A&M dumpsters may not be used for disposal.

• Repair of any property damage caused by Vendor

• Compliance with drug, tobacco, and alcohol-free campus policy

• Ensuring a minimum of one (1) English speaking employee is on the job and that all employees are appropriately dressed

All parts not specifically mentioned in the Detailed Specifications which are necessary for the system to be complete and ready for operation, or which are normally furnished as standard equipment shall be furnished by the awarded Vendor. All parts shall conform in strength, quality and workmanship to the accepted standard of the industry.

In the event of default, Texas A&M reserves the right to terminate the agreement immediately, procure similar goods/services from another source, and hold the defaulting Vendor responsible for any resulting additional costs.

Vendor shall be responsible for any damage caused to Texas A&M property or personnel, claims arising from negligent or defective work, compliance with Workers' Compensation and applicable laws. Vendor shall defend, indemnify, and hold harmless Texas A&M, its officers, agents, and employees from and against all claims, damages, or losses against any damages or losses due to Vendor actions.

Vendor will remain liable until all claims are resolved to Texas A&M’s satisfaction.

All deliverables shall be subject to inspection and approval by Texas A&M. Acceptance of work shall be contingent upon satisfactory performance and conformance to all specifications and requirements herein.